General Conditions of Sale and Terms of Use of the Paris Passlib' application

GENERAL CONDITIONS OF SALE FOR THE WEBSITE WWW.PARISINFO.COM

WWW.PARISINFO.COM WEBSITE TERMS AND CONDITIONS OF SALE

Clause 1. Scope of Terms and Conditions of Sale

Office du Tourisme et des Congrès de Paris (the Paris Convention and Visitors Bureau), hereafter "OTCP", is an association governed by the law of 1 July 1901 whose purpose is to supply tourist information and services. OTCP is listed on the register of travel and tourism operators under the number IM075120115. OTCP has subscribed to a financial guarantee with APST, 15 Avenue Carnot, 75017 Paris Cedex, France, and insurance, under the conditions provided for by the French Tourism Code, with Allianz I.A.R.D. (1 cours Michelet, CS 30051, 92076 Paris La Défense Cedex). OTCP's full contact details can be found on its website and are reproduced here:
Legal representative: Corinne Menegaux, Managing Director
Headquarters: 76 rue Beaubourg, 75003 Paris, France
Contact: online contact form

The www.parisinfo.com website published by OTCP (hereafter the "Website") has various areas such as the information area, which can be accessed by anyone visiting the Website, areas reserved for members only and other areas for which access may be free or fee-paying via which OTCP offers services such as ticket sales for tourist attractions (excursions, cruises, walks, tickets for certain museums or theme parks, packages including admission and travel tickets, books of discount vouchers, etc.) and online bookings services for restaurants and other venues.
These terms and conditions of sale ("Terms") cover orders and/or bookings made and paid for in whole or in part on the Website by the User and also orders and/or bookings made directly in OTCP Welcome Centres within the context of the ticket office and online bookings services (the "Bookings Services").
The scope of the current version of these Terms therefore excludes bookings and/or orders for which the Website directs Users to OTCP's partner service providers. These services are exclusively provided and managed by and under the responsibility of the third party partner concerned, under the relevant conditions of this third party partner's contract.

Clause 2. Definitions

In these Terms, the following words shall have the meanings given below when they are written with an initial capital letter, whether they are used in the singular or in the plural.
"Durable Medium" means any instrument by way of which a consumer or professional can store information sent to them personally in order to be able to refer back to it for a period of time tailored to the purpose of the information and which enables the information stored to be reproduced identically (article L. 121-16 of the French Consumer Code).
"Dated Ticket" refers, among the Bookings Services offered on the Website, to a ticket booking service for events, shows or other leisure activities provided to Customers where the ticket in question is valid only for the specific date shown on it. A Dated Ticket is delivered to the Customer in an electronic format as an e-ticket (electronic ticket) by email or via a download from the Website.
"Non-Dated Ticket" refers, among the Bookings Services offered on the Website, to a ticket booking service where the ticket in question is valid for a determined period and can be used on the date and at the time chosen by the Customer. A Non-Dated Ticket can be delivered to the Customer via a delivery service or be collected at a collection point for physical tickets or be provided in electronic form for e-tickets (electronic tickets) delivered to the Customer by email or via a download from the Website.
"Exceptional and unavoidable circumstances" means any event that creates a situation beyond the control of both the professional and the Customer, the consequences of which could not have been avoided whatever the measures taken and which prevents them from fulfilling their obligations under normal conditions. Such events are considered to exempt the parties from their obligations and to suspend these obligations. "Partner" means the supplier(s) of the Services.
"Service" means any service, such as transport, an attraction or a visit, provided by a Partner and which can be ordered or booked with OTCP on the Website. The characteristics and content of the Services are determined by the Service Provider supplying the Services in question and are detailed on the Website.
"Bookings Service" means the ticket-booking service offered by OTCP on its Website, through which Services can be purchased or booked. The characteristics and nature of these Bookings Services are described in more detail on the Website, in particular in the "FAQ" which provides information on how to use the Bookings Services.
"Customer" means any user of the Website, whether an individual or a legal entity classed as a consumer or non-professional under the terms of the French Consumer Code, or a Customer under the terms of the French Tourism Code, who books, orders and/or purchases one or more of the Services offered on the Website.

Clause 3. Pre-contractual information

The Customer acknowledges that, before placing an order and/or entering into a contract, they received, in a legible and comprehensible format, and on a Durable Medium, a copy of these terms and conditions of sale and all the information listed in article L. 221-5 of the French Consumer Code and article R. 211-4 of the Tourism Code.
The Customer also acknowledges having received a copy of the form used in pursuance of the order of 1 March 2018 "setting the format of the information form for the sale of travel and trips".

Clause 4. Price and terms of payment

4.1 Final price and additional taxes

The final price is communicated in euros, including taxes, per person.
The price covers all the elements listed in the contract and where relevant includes online booking fees and postage and packing charges.
Unless otherwise specified in the contract, it does not include transfers, single-room supplements, transport at the destination, tourist taxes, optional insurance or personal expenses.

4.2 Payment method

The Customer warrants and represents to OTCP that they hold any authorisations that may be required to use the payment method of their choice, when they confirm the contract. OTCP reserves the right to suspend the processing of any booking and the performance of any Services if an officially accredited organisation refuses authorisation for a credit/debit card payment or if any sum due under the contract is not paid.
OTCP reserves the right to refuse to honour a booking made by a Customer who has failed to pay, in whole or in part, the sums due for a previous booking or with whom it has an ongoing payment dispute.

Payments made by Customers are considered definitive only once OTCP actually collects the sum due.
As indicated in the specific terms and conditions of sale, several different payment methods offering optimum security from the following list are made available to the Customer, depending on the type of Service booked:

a. credit/debit card (Carte Bleue, Visa, Mastercard or American Express), Google Pay, Apple Pay
b. SEPA transfer (bank charges to be paid by the Customer), or PayPal transfer,
c. French "Chèques Vacances" holiday vouchers (at OTCP welcome centres only)
d. by cheque or administrative payment order (for multiple sales only).

Clause 5. Ordering or booking on the www.parisinfo.com Website

5.1 Conditions to be fulfilled before using the Bookings Services

In advance of any order or booking placed or made and paid for via the Website, the Customer is required to click the box to confirm that they accept these Terms fully and in their entirety. It is impossible from a technical point of view to continue the order or bookings process without doing so.
The characteristics of the Services that can be ordered or booked on the Website are set out on the Website. However, the photographs shown on the Website are not binding. By placing an order or making a booking for a Service on the Website, the Customer implicitly acknowledges that they have obtained all the information they require on the nature and characteristics of this Service.
The Customer must be at least 18 years of age, be legally competent to enter into a contract and use the Website in accordance with the Terms in force on the date they confirm their order or booking. Children must be accompanied by at least one adult.
The Customer confirms that all the information they provide to OTCP in the context of their use of the Bookings Service is true and accurate. As such, the Customer agrees to defend, indemnify and hold harmless OTCP against any third party action or claim arising as a result of the unlawful or fraudulent use of their data by a User in relation to the Bookings Service.

5.2 Online contracting process applicable to all Bookings Services

5.2.1 These Terms are available in French and translated into various foreign languages (English, German, Italian, Portuguese and Spanish). In the event of a dispute, only the French text will be deemed authentic. The Terms can be consulted at any time from any page of the Website.
5.2.2 The Customer can keep a copy of the Terms by saving or printing them, using the standard functions offered by their web browser or computer. The Customer is solely responsible for this. OTCP archives contracts entered into on the Website when they are worth more than €120.
If a Customer wishes to access the archives of their contracts, they can do so by sending a registered letter with acknowledgement of receipt to OTCP, 144 boulevard Macdonald, 75019 Paris. With their letter, they must include proof that they are the contracting partner for the archived contract they are requesting, and a copy of their identity document.
5.2.3 The procedure for a Customer placing an order or making a booking on the Website is based on the double-click technique. Regardless of the Bookings Service used, it includes the following steps:
- Step 1: the Customer reads the information provided about the essential characteristics of the Services on the Website and selects the Service they require, and for orders placed via the ticket Bookings Service, selects the delivery method required;
- Step 2: the Customer completes the required fields of the order or booking forms on the Website (failure to do so will prevent OTCP from processing the order) and provisionally confirms the information entered;
- Step 3: the Customer confirms the information shown on the summary displayed on the Website listing the Service selected, the total price of the Service and the price to be paid to OTCP and the information entered by the Customer. At this stage, the Customer can identify and correct any error made as directed on the Website, or amend their order or booking as they wish, or decide purely and simply not to continue with it;
- Step 4: the Customer accepts these Terms unconditionally;
- Step 5: the Customer enters and confirms the details of the online payment method that they have selected to use to pay the price due to OTCP as detailed in these Terms and then definitively confirms their order or booking request on the Website. An administration fee, at the rate applicable on the day the order is placed, will be added to the price of the products or services sold.
5.2.4 The contract entered into by the Customer with OTCP becomes firm and definitive and OTCP has an obligation to provide the Bookings Service, subject to the conditions laid down in clause 7.2, once the Customer (i) has definitively confirmed the information entered and the Service selected, (ii) has unconditionally accepted these Terms and, if applicable, the Partners' contractual conditions and (iii) has paid the full price of the Services to be settled directly with OTCP as per clause 4 above.
5.2.5 OTCP will confirm by email the order placed or booking made by the Customer on the Website within an appropriate period of time in advance of the Service ordered or booked and at the latest seventy-two (72) hours after the Customer placed their order or made their booking. The Customer must check their email inbox, and if necessary their spam folder, to ensure that they have received this email. OTCP will not accept any requests for refunds from Customers whose confirmation email was caught in their spam folder.
This confirmation email is sent to the email address entered by the Customer on the order or booking form. It provides, in the form of a copy of these Terms and the specific terms and conditions relating to the order placed or booking made, the contractual information required under articles L.121-19 of the French Consumer Code and R.211-4 of the French Tourism Code, such as the Service(s) ordered and details of the Partner supplier, the price paid to OTCP and, if applicable, the balance to be paid to the Partner by the Customer, and the address to which the Customer should send any complaint they may have.
5.2.6 Customers must check carefully that the information they have entered is correct and amend it if necessary as directed on the Website as part of the contracting process described in clause 6.2 before definitively confirming their order or booking. There is no further opportunity to amend orders or bookings online after this stage. OTCP will not accept any requests for refunds for Services that the Customer has been unable to access due to an error in the information entered by the Customer.
5.2.7 The Customer is responsible for downloading e-tickets from their confirmation email and presenting them, printed or on a mobile device, to the Partner in order to access the Services that they have ordered or booked. Customers must therefore check in advance that they have the facility to present the confirmation email and/or the e-ticket. A payment receipt alone will never be accepted as proof of an order or booking.

Clause 6. Specific conditions relating to the ticket Bookings Service

6.1 Validity period for Services booked

The tickets available to book via the Website are generally subject to a specified validity period, or, for some, can be purchased for a specific date, as detailed on the Website. When the Customer definitively confirms their order on the Website, they acknowledge that they are fully aware of the date or validity period applicable to their order. No refund or exchange will be offered for any ticket not used on the specified date or during the specified validity period.

6.2 Delivery procedure

Once the contract has been definitively entered into online as per clause 6.2 above, OTCP will deliver the order to the delivery address via the delivery method selected by the Customer when placing their order on the Website. The various delivery methods, locations and countries offered by OTCP, together with estimated lead times and delivery charges are presented on the Website. Customers can also collect their order from one of the tourist information points at the address and under the conditions given on the Website, on presentation of the order confirmation email mentioned in article 6.2 of the Terms. Orders can also be delivered as e-tickets.
Any Customer who opts to collect their order from an OTCP tourist information point has two (2) months from the date of delivery in which to do so. Once this period has expired, the order will no longer be available for collection and the Customer will not be entitled to any refund as a result of this. Customers must check that their order is correct and complete on the day they collect it.
For remote deliveries, orders placed and paid for on the website are dispatched a maximum of seventy-two (72) hours after the online payment is confirmed, in accordance with clause 6.1.3. Orders for which payment is confirmed on a Friday or over the weekend will be sent on the following Monday (excluding public holidays). Once a Customer receives their order, they have seventy-two (72) hours to check that the tickets delivered are as ordered.
OTCP is unable to take any responsibility for delayed and/or failed delivery caused by incorrect or incomplete addresses, strikes or other disruptions to national or international postal services, or disruptions or incidents caused by the weather. OTCP will not refund orders in such cases.

Clause 7. Identity verification

To guard against fraud and all other abnormal requests, OTCP automatically launches an identity verification process when a Customer orders more than ten of the same item.
Once they have confirmed their order and chosen to pay by credit/debit card, the Customer will receive an email at the address they entered on the contact form asking them to send OTCP a copy of the identity document belonging to the holder of the credit/debit card used for the online payment.
OTCP will check that the information is correct before definitively confirming the order and dispatching it. If the Customer fails to respond within three days, OTCP will send a reminder by email. OTCP reserves the right to cancel the order if the Customer fails to respond to the reminder within three days, or if the information provided does not correspond. The copy of the identity document will then be destroyed.

Clause 8. Cancellation or amendment to Services

8.1 Changes to the contract on the initiative of OTCP or the Partner

When the Customer orders a Dated Ticket on the Website, the dates of the event and the time slots offered are supplied to the Customer for information purposes and subject to availability from the Partner. When the Customer books a Dated Ticket, it is possible that the Partner may not have sufficient availability to honour or make the booking.
In this case, OTCP will inform the Customer that the date and/or the time slot they have booked is/are not available, and will offer the closest possible date and/or time slot to those initially booked. If the Customer is not happy with this alternative, they will have the option to either choose a different date and/or time slot, or request a refund for the Dated Ticket.

8.2 Cancellation of the contract on the initiative of OTCP or the Partner

OTCP has the facility to cancel the contract at any time before the Service begins.
The Customer will be entitled to an additional indemnity, equivalent to the indemnity the Customer would have been required to pay to OTCP had the Customer cancelled the contract, under clause 7.3 of these Terms.
However, OTCP will not be liable to pay any additional indemnity if the contract is cancelled for either of the following reasons:
1) the number of people who have booked for the Service is below the minimum number stipulated in the contract,
2) OTCP is prevented from performing the contract by Exceptional and unavoidable circumstances. In such a case, OTCP will notify the Customer of the cancellation of the contract by email or by any other written means, giving as much notice as possible.

8.3 Cancellation by the Customer

The Customer has the facility to cancel the contract at any time before the Service begins. In order to be effective, this cancellation must be communicated by email, preferably registered, or by registered letter.
In this case, OTCP will require the Customer to pay a cancellation fee and will retain all monies paid.
OTCP and/or the Partner reserve the right, at their discretion, to refund a non-dated booking on an exceptional basis.
The cancellation fee will not be due if the contract is cancelled as a result of Exceptional and unavoidable circumstances occurring at the destination or close to it that would significantly affect the performance of the contract. In this case, OTCP will reimburse the sums paid in full, but no further compensation will be due.

8.4 Changes to the contract on the initiative of the Customer

No refunds will be paid for any Service that is cut short, not used or commenced late for reasons attributable to the Customer.
OTCP has a responsibility to the Customer for the Services it sells only.
OTCP will not take responsibility for:
- any Service ordered by the Customer that is not invoiced by OTCP,
- any changes to the Services on the initiative of the Customer.

Clause 9. Absence of a cooling-off period

In accordance with the provisions of article L.221-28 of the French Consumer Code, Customers are informed that they do not benefit from a cooling-off period when they book or order, remotely, "accommodation, transport, food and drink or leisure services", whether they book or order these together on the Website as part of a tourism package or separately, for a given date or a set frequency.
As no cooling-off period applies to the Services offered by OTCP, Customers are reminded that, unless otherwise specified in the Terms, all ticket bookings made via the Website are binding. Consequently, no refunds, returns, exchanges or copies will be issued for tickets ordered on the Website, whether they are Dated or Non-dated, even if the Customer is late or the tickets are lost or stolen.

Clause 10. Transfer of contract

The Customer can transfer their contract to a transferee who fulfils the same conditions as them to use the Service, as long as performance of the contract has not commenced.
The Customer must inform OTCP of their decision by any means providing confirmation of receipt seven days before the Service is to commence, at the latest. The organiser or retailer does not have the right to require prior authorisation for such a transfer.
The transferrer and transferee are jointly and severally liable for the payment of the balance of the price due and any additional costs which may be incurred due to the transfer.

Clause 11. Statutory guarantee of conformity

OTCP is solely responsible for the conformity of the Services sold under the contract. Under this guarantee, non-professional Customers and consumers can invoke the statutory guarantee of conformity provided for in articles L. 217-11 and following of the French Consumer Code and articles 1641 and following of the French Civil Code.
Non-professional and consumer Customers must communicate to OTCP any defect and/or non-conformity as soon as possible after the Services are supplied, in accordance with article L. 211-16 II of the French Tourism Code. The information must be communicated, accompanied by supporting evidence, ideally within seven days of the end of the Services, so that OTCP can investigate the issue and make an efficient evaluation of the existence of the alleged defects, in the interests of both the parties.
Any defect and/or non-conformity observed will give rise, as soon as possible, to a rectification, substitution, price reduction or refund, taking into account the degree of non-conformity and the value of the travel services concerned.
Should the OTCP offer a replacement Service or a price reduction, the Customer can only refuse the alternative services offered if they are not comparable with those laid down in the contract or if the price reduction granted is not appropriate.
The guarantee offered by OTCP is limited to a refund of the Services actually paid for by the consumer or non-professional Customer and OTCP will not be held responsible or considered in default in the event of any delay or failure to perform the contract due to a case of force majeure or Exceptional and unavoidable circumstances.

Clause 12. Data protection

12.1 Data collected

As part of its tourist Breaks and Services sales operation, OTCP processes and uses the personal data of Customers and Beneficiaries.
To this end, OTCP collects the following personal data: given name, family name, title, postal address, email address, telephone number, specific information given in the contract and payment method.

12.2 Purposes

The personal data collected is vital to the performance of the contract and refusal on the part of the Customer to provide this data may lead to difficulties in performing the Service. The OTCP will not be held responsible for this.
This personal data is collected solely for the purpose of customer relationship management by the seller in connection with the entering into and performance of the contract, on the lawful basis of customer consent. It will be used only for the purposes for which the Customer has given their consent.
More specifically, it is used:
- to identify the persons using and/or booking the Services,
- to establish the contractual relationship,
- to provide the Services booked through OTCP,
- to manage contracts and bookings (in particular to allocate rooms and manage transport),
- to communicate with Partners regarding the provision of Services by the relevant Partners,
- for accounting purposes, in particular to manage Customer accounts and Customer relationships,
- in tasks relating to Customer management,
- in communications sent for sales and marketing, business development and community purposes.

12.3 Persons authorised to access the data

The persons authorised to access the data collected by OTCP are as follows: employees of OTCP and its Partners involved in providing the Services requested by the Customer, and where relevant, OTCP's sub-contractor service providers taking part in providing and/or administering the Services and who need to be involved in data processing in order to do this, in which case, this is organised in accordance with current legislation, for both Partners and sub-contractors.

12.4 Storage of data

The personal data collected is stored for the legally permitted period for the purpose for which it is processed, to a maximum duration of three years.
Personal data relating to Customers' credit/debit cards is retained only for the time required to complete the transaction.
OTCP takes organisational, technical, software and physical digital security precautions to protect personal data against alteration, destruction and unauthorised access. Nevertheless, it is important to remember that the internet is not a completely secure environment. OTCP cannot guarantee the security of data transmitted or stored online.
OTCP has set out the rights and obligations of Customers and Beneficiaries as regards the processing of their personal data in a document entitled Legal information and personal data (GDPR) which can be accessed at https://www.parisinfo.com/footer/full/1464 or obtained on request from OTCP.

12.5 Holders' rights over the data collected

In application of the legislation governing personal data, all users have the right, if they have legitimate reasons, to check, access, amend, rectify and object to the collection and processing of their personal data. Users can ask for their data to be rectified, completed, clarified, updated or erased.
They can exercise these rights by sending a signed letter to the data controller at OTCP, including a copy of their identity document.
OTCP's designated data controller is Cabinet Racine, located at 40 rue de Courcelles, 75008 Paris.
A Customer has the right to make a complaint to the CNIL (French data protection agency) at any time, by following the procedure outlined on the agency's website (https://www.cnil/fr).

12.6 Amendments to the clause

OTCP reserves the right to amend this clause relating to data protection at any time and in any way. If an amendment is made to this data protection clause, OTCP will publish the new version on its website and also inform users of the change by email within a maximum of 15 days of the date it takes effect.

Clause 13. Insurance

OTCP's insurer provides it with professional third party liability insurance covering the financial consequences of its professional third party liability as laid out in articles L. 211-16 and L. 211-17 of the Tourism Code.
The contract also covers losses caused to Customers, service providers and third parties as a result of mistakes, errors due to misinterpretation of the facts or the law, omissions or negligence during the making of the offer or during the organisation or sale of our Services, both by OTCP and by its agents, whether employed or not.
Customers are required to hold and keep current third party liability insurance covering any losses that they may cause.
OTCP also offers Mondial Assistance cancellation insurance in accordance with clause 8.5 of these Terms.

Clause 14. Responsibility of OTCP

Excluding the Services that it produces itself, OTCP is liable as of right for the tourist services contracted under these Terms.
OTCP can however be released from all or part of its responsibility if it can prove that the loss is attributable either to the Customer or to a third party not involved in providing the travel services included in the contract and is of an unpredictable or unavoidable nature, or is due to Exceptional and unavoidable circumstances.
The organiser and the retailer are responsible for the correct performance of all the travel services included in the contract, in accordance with article L. 211-16.
As per article L. 211-17, IV of the French Tourism Code, the value of any damages that OTCP may be required to pay to the Customer, regardless of the reason, will be limited to three times the total price of the Services excluding tax, except in the event of physical injury or damaged caused intentionally or by negligence.

Clause 15. Accessibility

Despite our best efforts, some walking tours and visits are not accessible to people with reduced mobility.

Clause 16. Compliance with rules

An appropriate level of fitness is required for Services which take place outdoors.
For such Services, participants must wear sturdy footwear and dress appropriately for the weather on the day.
In fragile natural areas, participants must stay on the paths and respect private sites.
All participants must comply with risk prevention, traffic and health and safety rules, and follow the advice of the guide.
OTCP and the guide reserve the right to exclude any participant who fails to follow the rules listed above or who disrupts the performance of the Service.

Clause 17. Settlement of disputes

These Terms are governed by French law, both in form and in substance.
In the event of a dispute, Customers can have recourse to contractual mediation, in particular via the French consumer mediation commission or other sector-based mediation bodies, or to any other dispute resolution method (such as arbitration).
Consequently, if after 60 days they have not received a reply to their complaint to OTCP, or they are not satisfied with the reply they have received, they can contact the Médiateur du Tourisme et du Voyage (travel and tourism mediator) via the following website: https://www.mtv.travel/ or at MTV Médiation tourisme voyage, BP 80 303, 75823 Paris Cedex 17.

Customers are informed that if they purchased their service online, under article 14.1 of Regulation (EU) 524/2013 of the European Parliament and of the Council dated 21 May 2013, they have the right to submit a complaint and choose a mediation body via the following website:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.

It is expressly agreed that the data in OTCP's information systems has probative force as regards orders, requests and any other element relating to the use of the Website. It will be acceptable as evidence, in particular before the courts, in the same way as any written document.

Clause 18. Linked travel arrangements

If, after choosing a travel service as mentioned in article L. 211-1 of the French Tourism Code and making their payment, a Customer books an additional travel service for their trip or holiday through OTCP, they will NOT be entitled to the rights applicable to packages under EU directive 2015/2302 and article L.211-2 of the French Tourism Code.
If, however, they book these additional travel services during the same visit to or the same contact with OTCP, the travel services will form part of a linked travel arrangement.
To cover such cases, OTCP belongs, as required by European Union law, to a protection scheme under which Consumers are entitled to reimbursement of the sums they have paid for the Services should OTCP become insolvent.
OTCP has joined an insolvency protection scheme run by APST, 15 Avenue Carnot, 75017 Paris Cedex, France. Customers can contact this organisation if their travel services are refused because OTCP is insolvent.
Please note: this insolvency protection does not apply to contracts entered into with parties other than OTCP which can be performed even if OTCP becomes insolvent.
[EU directive 2015/2302, transposed into French national law, is available for consultation in French on the following website: https://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=B6B56671A51841699A8FB7B4B5EB08A2.tplgfr21s_1?idArticle=LEGIARTI000036242695&cidTexte=LEGITEXT000006074073&categorieLien=id&dateTexte=20180701].

PARIS PASSLIB' APPLICATION – GENERAL TERMS OF USE


ARTICLE 1: INTRODUCTION – "PARIS PASSLIB'" APPLICATION AND LEGAL INFORMATION

The OFFICE DU TOURISME ET DES CONGRÈS DE PARIS (OTCP), an association governed by the law of 1 July 1901 and listed on the INSEE register of companies and establishments under number 775671373 00212, whose registered office is located at 76 rue Beaubourg 75003 Paris, operates the "PARIS PASSLIB'" Application, hereinafter referred to as the "Application" or "Service".
OTCP is listed on the register of travel and holiday operators under number IM075120115. OTCP has subscribed to a financial guarantee with APST, 15 Avenue Carnot, 75017 Paris Cedex, France, as well as insurance under the conditions provided for by the French Tourism Code, with Allianz I.A.R.D (1 cours Michelet, CS 30051, 92076 Paris La Défense Cedex).

ARTICLE 2: PURPOSE AND SCOPE OF APPLICATION OF THE TERMS OF USE

These General Terms of Use, described below and referred to in this document as the "Terms of Use", govern the relationship between OTCP and the Users, hereinafter referred to as the "Customer" or the "Users" of the Application, and apply without restriction or reservation to any use or download of the Application.
The Customer is required to accept these Terms of Use for any download and for any use of the Application by ticking the box "I have read and accepted the General Terms of Use". These Terms of Use are accessible at any time in the Application under the heading "Terms of Use" which is located in the MY PASSES tab and settings and will prevail, if necessary, over any other version or any other contradictory document.
OTCP may modify these Terms of Use at any time as it sees fit, without prior notice and without any requirement to inform the Users in advance. Users will be informed of any modification to these Terms of Use by the publication of the updated Terms of Use. The modified Terms of Use will take effect as of their publication. Continued use of the Service following this publication will constitute acceptance of the new version of these Terms of Use.
The Application is hosted by OTIPASS, located at 80 rue du château, 26740 Montboucher-sur-Jabron.
Users are advised to read these Terms of Use very carefully and to consult the updates regularly, in the "Terms of Use" tab of the Application or on the "Legal information and personal data" section of the website https://www.parisinfo.com/.
In the event that a User does not accept these Terms of Use or refuses to comply with them, they will not be able to use the Application. By registering, the Customer confirms that they have read these Terms of Use and agrees to be bound by them without reservation. In the absence of proof to the contrary, the data recorded in the Application's IT system constitutes proof of all transactions entered into with the Users.

ARTICLE 3: GENERAL PRESENTATION OF THE SERVICE

3.1 Purpose of the Service

The PARIS PASSLIB' is Paris's official pass. It is available online at PARISINFO, at all the Welcome Centres of the Paris Convention and Visitors Bureau and at the sales outlets of OTCP's partners. The online purchase process is entirely secure.
Your PARIS PASSLIB' is delivered in 2-D barcode digital format accessible from a dedicated mobile app. The list of available sites and activities depends on which PARIS PASSLIB' option is purchased. The PARIS PASSLIB' gives you one-time access to a certain number of sites or activities (ranging from 3 in the Mini option to 6 in the Prestige option).

3.2 Operation of the Service

The PARIS PASSLIB' Application can be downloaded from mobile app stores (such as Google Play or the App Store) using the technologies available. The Customer must have a smartphone and Internet access to be able to use the Service.
The PARIS PASSLIB' is reserved for individual customers. Any PARIS PASSLIB' purchased, regardless of the option chosen, offers its holder free access to partner sites, on presentation of the barcode associated with the pass purchased. Once supplied, a PARIS PASSLIB' cannot be returned, resold separately, refunded or exchanged.
- Activation and validity of your PARIS PASSLIB': your pass is activated when you use it for your first activity. From that date, you have one year to do the remaining activities on your pass, regardless of the option purchased (Mini, City, Explore or Prestige).
For example: a Paris Passlib' Mini used for the first time on 1 June 2021 with one of the partners will be valid until 1 June 2022. To do the other two activities included in this option, the Customer must present the pass to the partners concerned before this deadline date.
The PARIS PASSLIB' is valid for one year and one day. After this date, it cannot be used for any activity.
If a PARIS PASSLIB' has not been used or has only been partially used, OTCP is not liable for any claims for reimbursement or compensation.
- Customer service/disputes/complaints: the PARIS PASSLIB' holder is considered solely responsible in the event of theft or loss and cannot claim any exchange, replacement or refund. In the event of a problem with the PARIS PASSLIB', the holder is invited to contact OTCP via the contact form.

3.3 Functionalities of the Application

- Store your e-ticket PARIS PASSLIB' in the form of a 2-D barcode
- Consult the activities available depending on the option chosen
- Track activities done and show activities that remain to be done

ARTICLE 4: RATES AND FINANCIAL TERMS

The PARIS PASSLIB' Application is free to download and use. The Application downloaded free of charge allows access to all the services offered as described in Article 3 of this document.

ARTICLE 5: CUSTOMER'S OBLIGATIONS

The Customer confirms that they have the skills and technical means necessary to download and use the Application, and understands that they bear the cost of any equipment used. The Customer undertakes to provide accurate information when registering to access the Service. The Customer undertakes to make appropriate and lawful use of the Service and its content, in accordance with the legislation in force and these Terms of Use. Legal action may be taken against Users who use the Service for purposes prohibited by law and/or contrary to these Terms of Use. In the event of legal proceedings being taken against Users, any data by which they can be identified may be provided to the competent authorities.
OTCP cannot be held responsible for any direct or indirect loss, of any nature whatsoever, caused by the misuse or illegal or illicit use of the Service by a User.

ARTICLE 6: OTCP'S OBLIGATIONS

OTCP undertakes to provide a Service that complies with these Terms of Use. It reserves the right to modify any information or content appearing in the Application, at any time and without prior notice, for the purposes of updating the Application, correcting errors or inaccuracies, or as it deems appropriate, without this giving rise to any right to compensation for Users.
In the event of a breach of these Terms of Use or of the laws and regulations in force, in particular in the event of a breach by a User whose behaviour could compromise or risk compromising the proper functioning of the Service, adversely affect the rights of third parties or the reputation of the Service, OTCP reserves the right to unilaterally suspend and/or terminate the performance of these Terms of Use and to block and/or remove the Customer's access to all or part of the Service.

ARTICLE 7: LIMITATION OF LIABILITY

At any time, OTCP may modify or temporarily or permanently interrupt access to the Service, without informing the Users in advance. OTCP is not responsible for interruptions and the consequences that may result for the Customer. OTCP will not be responsible for the inadequate functioning of the Service if this is caused by maintenance operations, incidents, or problems related to its capacity to support the systems essential to the use of the Service.
The Customer remains solely responsible for any use that may be made of their user name and password, and for the confidentiality of these. OTCP may not under any circumstances be held responsible for any loss, theft or damage resulting from fraudulent use of Users' login details.

ARTICLE 8: DURATION

When the User downloads the free Application, they subscribe to these Terms of Use for an indefinite period, beginning when the Terms are accepted.
Any User may unsubscribe at any time by deleting the Application.

ARTICLE 9: INTELLECTUAL PROPERTY

OTCP remains the sole owner of the structure and content of the Application (photographs, logos, images, sound recordings, videos, graphics, texts, websites, illustrations, databases, software, codes and other material and visual elements), which are protected by intellectual property law. These Terms of Use do not transfer any kind of intellectual property rights for the elements belonging to OTCP and/or its partners to the Customer. Users undertake to respect these rights and refrain, in particular, from distributing the structure and content of the Application, publishing them, transmitting them, transferring them to a third party, using them for commercial purposes, reproducing them, copying them or modifying them without the express authorization of OTCP.

ARTICLE 10: PRIVACY POLICY AND PERSONAL DATA

10.1 General information

OTCP does not collect any personal data via the Application in the provision of its services.

10.2 Use of cookies, login details and activity file

In order to improve the Service in terms of system performance and usability, as well as to provide useful information on products and services, information may be automatically collected from the computers or terminals used and stored in the log files. The cookies do not keep track of any personal information about a User, and identifiable data will never be recorded. If the Customer does not wish to use cookies, they must configure the settings to delete them.
By using our Service, the Customer agrees to receive such cookies on their device.

ARTICLE 11: HYPERTEXT LINKS

The presence of hypertext links to other sites does not constitute a guarantee as to the quality of the content or the proper functioning of such sites. OTCP cannot be held responsible for their content. The Customer must exercise the usual precautions when using this information.
Prior agreement is required to create a hypertext link to OTCP's Website or the Application. To send a request, please use the contact form. If a hypertext link to the OTCP website is created without prior agreement, OTCP reserves the right to require the withdrawal of the said hypertext link pointing to its website at any time.

ARTICLE 12: APPLICABLE LEGISLATION – DISPUTES

The conclusion, interpretation and validity of these Terms of Use and all contracts arising from them are subject to current French law and regulations, whatever the nationality of the User, without depriving the latter of the protection afforded by the mandatory rules of their country of residence. If the parties are unable to settle the dispute amicably between themselves, it will be brought before the competent French courts.

ARTICLE 13: SEVERABILITY

Should any of the clauses of these Terms of Use be null or unperformable, and if the balance of the contract is not fundamentally altered, only the clause concerned will be affected and the Terms of Use will remain in force. The Customer undertakes to carefully read the content of this document, which includes the General Terms of Use of the Service, and expressly accepts, without reservation, all the rules and obligations set out in it.