General Terms and Conditions of Sale – EN

ARTICLE 1 – General provisions

These general terms and conditions of sale are valid from 27 December 2024 and are applicable unless otherwise agreed.

The purchase and/or reservation of any of the tourist services (accommodation, transport, stays, guided tours, activities, ticketing, other tourist products, etc.) offered by the Vendée Marais Poitevin Tourist Office implies unreserved acceptance of the provisions of our general terms and conditions of sale (GTS), which can be consulted and downloaded from the website: https: //www.vendee-maraispoitevin.com/conditions-generales-de-ventes/.

In accordance with article R211.4 of the French Tourism Code, the purpose of these general terms and conditions of sale is to inform the customers of the Office de Tourisme Vendée Marais Poitevin, prior to signing the contract, of the information provided for in the aforementioned article.

In accordance with article L211.9 of the French Tourism Code, this pre-contractual information will form an integral part of the contract and may only be modified by express agreement between the parties.

These GTC may be amended and updated by the Tourist Office at any time. The GTC applicable are those in force at the time of booking.

ARTICLE 2 – Formation of the contract

The purchase and/or reservation of services offered by the Tourist Office may be made either at the Tourist Office reception desk in one of the various reception and sales points (Fontenay-le-Comte, Maillezais, Mouilleron-Saint-Germain, Vouvant and Mervent), or by telephone, or by e-mail, or via the website: www.vendee-maraispoitevin.com.

All reservation requests will only be considered definitive once :

• on the one hand, excluding purchases via the website, receipt of the dated and signed contract, or via the website after validation of the order form. The elements of the contract or proposal relating to the customer’s specific requests take precedence over those appearing in these GTC without prejudice to the texts in force.
• and/or on receipt of the balance or a deposit of 30% of the total amount of the services chosen, depending on the services chosen and the contract. In the case of a booking made less than 21 days before the date of the holiday and/or activity, payment for the service(s) will be full and immediate.
  Via the website, payment for the entire service must be made when the order is placed.

ARTICLE 3 – Conditions for the provision of services

In accordance with current legislation, pets are not accepted on any of the sites. Wherever possible, the Tourist Office website indicates places where pets are not allowed, and it is advisable to contact the Tourist Office by telephone for any further specific information.

3.1 Ticketing (partner sites, cultural and leisure activities, events, etc.)

Tickets are given directly to the customer after each sale at the Tourist Office counter. If purchased by telephone, tickets will be sent by e-mail. For orders placed via the Tourist Office website, tickets will only be sent by e-mail to the address given by the user when placing the order.

Tickets are valid for the events and activities to which they relate (if applicable, on the date and at the time of the start of the service) and under the following conditions specific to ticket offices and tourist services:

• All services: minors must be accompanied by an adult.
• Any event or guided tour with a specific start time: please arrive at least 10 minutes before the start of the service.
• Any event or guided tour with a minimum number of participants required for the service to be maintained: if the event or guided tour is cancelled, the customer will be offered an exchange of the ticket for a similar service. If the customer refuses to exchange the ticket, the Tourist Office will make a full refund by bank transfer only within 15 days to 1 month.
• Guided tours of the Petosse underground passages: children under 6 years of age are not permitted. Closed shoes compulsory.
• R-Ace Inside: the “Baptême sensations fortes” is open to children aged 7 and over, while the “Stage pilotage Mini Formule 1” and “Pack Fun & Fast” are open to children aged 16 and over.
• Les Circuits de Vendée: go-karting is open to children aged 7 and over and at least 1.25m tall.
• L’étrange balade de Fontenay: the equipment provided must be returned to the Tourist Office at the end of the visit.
• The Mélusine Tower in Vouvant: the key must be returned to the Tourist Office counter at the end of the visit.

All services may be cancelled in the event of bad weather or force majeure (prefectural decree, etc.). In this case, you will first be offered a postponement. If it is not possible to reschedule, the amount paid will be refunded without any claim for compensation. For all services, participants must arrive at the meeting point 10 minutes before the start of the service. If a participant is late, the service will still start at the scheduled time. All participants must comply with the safety rules and follow the advice of the activity leader. Children are the sole responsibility of their parents. For outdoor activities, participants must have the appropriate equipment (shoes, clothing, etc.) for the day’s weather conditions.

3.2 Tourist packages

3.2.1 Accommodation

Whether or not accommodation services are included in a package is calculated on the basis of the number of nights. The tourist services included in the package are specified on the product sheet on our website or in our various brochures for each of the services and the customer will be reminded of this at the time of booking. When booking accommodation, we strongly advise you to inform the host directly of your arrival time. Some establishments do not have night reception, so please take precautions.

For all forms of accommodation, the contract is drawn up for a maximum accommodation capacity. If the number of participants exceeds the accommodation capacity, the service provider may refuse to accept additional customers, in which case the contract will be deemed to have been terminated by the customer. In this case, the amount of the service remains the property of the vendor.

3.2.2 For cultural and leisure activities

For all activities, the contract is drawn up for a clearly defined number of participants. If the number of participants exceeds the capacity of the activity, the activity provider may refuse to accept additional customers, in which case the contract will be deemed to have been terminated by the customer. In this case, the amount of the service remains the property of the vendor.

For some activities, the service provider provides the compulsory equipment. The meeting point is indicated on the Tourist Office’s communication media (website and/or brochures) and the customer will be reminded of this when the booking is made.

In exceptional circumstances, we may have to cancel a tour if the minimum number of participants is not reached. This information will be specified on all communication media (website and/or brochures). You will be informed of this decision no later than 48 hours before the date of the visit originally scheduled.

3.2.3 Arrangements for group customers

Unless specific provisions to the contrary have been agreed with the Tourist Office, the meeting point is indicated in the contract and reminded in the vouchers sent to the customer.

Unless otherwise specified, the maximum group size for guided tours is 50 people. Above this threshold, the presence of a 2nd guide is compulsory. The customer must ensure that each participant has the physical and mental capacity to take part in the activities included in the service, which is expressly accepted by the customer.

Information concerning the menus and restaurants included in the service is given for information only. Menus of equivalent quality in different restaurants may be substituted on the day of the service, which is expressly accepted by the customer. In any event, a single menu will be offered for all participants. Any food allergies or intolerances must be specified to the Tourist Office when the order is placed.

3.2.4 Exchange voucher(s)

As soon as the reservation has been confirmed and approximately 1 week before the event, the Tourist Office will send the customer and the service provider(s) the non-transferable exchange voucher(s) in the customer’s name. The customer must return the voucher(s) when visiting each service provider. The customer and the service provider(s) will find on the voucher(s) each service booked, the date of the excursion or stay as well as the meeting point(s) fixed in advance by the Tourist Office, and the respective telephone numbers. In the event of late arrival, the customer must notify the service provider(s) listed on the exchange voucher directly. Any services not consumed as a result of the late arrival remain due and cannot be reimbursed.

3.3 Gift packs

3.3.1 Definition

The gift box developed and operated by the Office de Tourisme Vendée Marais Poitevin is a gift voucher presenting on the one hand the services included and on the other hand the reservation process as well as a unique reference number. This number must be given to the Tourist Office when booking the services included. The gift voucher will then be exchanged for vouchers to be presented to the service provider in order to benefit from the services.

3.3.2 Ordering

Gift packs can be purchased online at www.vendee-maraispoitevin.com, at the Tourist Office, by telephone or by e-mail. By default, gift packs will be sent by e-mail. They can be sent by post to the address given by the user when placing the order. For delivery by post, the delivery times indicated when the order is placed are average times corresponding to processing times and delivery to Metropolitan France or abroad. The Tourist Office shall not be held responsible if delivery of the gift boxes is made impossible by an error in the user’s contact details or by the user’s failure to indicate the existence of an intercom or a keypad. The order is considered definitive upon receipt by the Tourist Office of payment in full for the gift box.

3.3.3 Period of validity

The expiry date appears on the gift voucher and indicates to the purchaser and to the beneficiary the date until which they may benefit from a service or make an exchange under the conditions specified in 3.3.5 of this article. The deadline for using the gift voucher is 1 year from the date of purchase of the gift box.

The Tourist Office reserves the right to add to and/or modify and/or cease the distribution of gift vouchers at its sole discretion and at any time. In the event of the marketing of one of the services ceasing before the end of its validity date, the Tourist Office will offer the beneficiary an exchange system.

3.3.4 Conditions of use

Once in possession of the gift box, and in the event that the purchaser is not the beneficiary, the purchaser undertakes to inform the beneficiary of these GCS.

Reservations for services must be made with the marketing department of the Office de Tourisme Vendée Marais Poitevin.

The Tourist Office cannot be held responsible for any unavailability on the date chosen, including unavailability caused by a technical problem on the part of the service provider. We recommend that you book as early as possible to benefit from a wide range of dates.

The tourist tax will be requested by the service provider if it is an accommodation provider.

The gift voucher is valid from the time of purchase at the Tourist Office or on receipt of your gift box sent by the Tourist Office within 48 hours, with no delivery charges, except in the cases set out in 3.3.5 of this article.

In the event of non-use, loss, theft or destruction of the gift voucher, neither the purchaser nor the beneficiary may claim reimbursement and/or compensation.

Only the presentation of the original gift voucher to the Tourist Office and the exchange voucher to the service provider will entitle the recipient to a service. Photocopies or other documents will not be accepted.

The gift voucher does not include transport to the selected partner’s venue.

3.3.5 Exchange

Exchanges and extensions are reserved for gift packs that have not been used, provided that the purchaser or beneficiary carries out the exchange or extension before the expiry date. Under no circumstances will this be considered a refund.

The conditions for exchange or extension are as follows: a single exchange or extension per gift box upon request to and acceptance by the Tourist Office, up to a maximum of one year after the original expiry date.

The purchaser or beneficiary must make the request to the Tourist Office on the premises of the Tourist Office or by post, e-mail or telephone, quoting the reference of the original gift voucher. The Tourist Office will issue a new gift voucher and specify the new deadline for using the gift voucher.

ARTICLE 4 – Prices

All prices are quoted in euros, including VAT and per person (except for fixed prices for guided tours and certain services). They are inclusive of service and net of commission.

In the case of tourist packages, prices include the services mentioned in the contract.

Unless otherwise stipulated in a description of a service confirmed in the contract, the following are not included in the price: means of transport, personal expenses, insurance, optional services and, where applicable, tourist tax, which must be paid directly to the accommodation provider, depending on the number of people and nights, in accordance with the price list available on the website: https: //taxe.3douest.com/sudestvendee.php.

Price increases are only possible if they are the direct consequence of a change in the price of passenger transport resulting from the cost of fuel or other energy sources. The Tourist Office will provide the customer with proof of the price revision on a durable medium no later than 20 days before the start of the service.

ARTICLE 5 – Payment

All purchases and/or bookings are subject to payment of the entire service or payment of a deposit and a balance 21 days before the start of the service, depending on the type of service subscribed to, as indicated on our media and on the contract. For services for which a deposit and balance are paid less than 21 days before the start of the service, the full price of the service must be paid at the time of booking. Via the website, the full price of the service is paid when the order is placed.

Payment is made according to the type of booking:

• In cash: in euros only, at the offices of the Tourist Office within the limits stipulated by articles L112-6 and D112-3 of the French Monetary and Financial Code.
• By cheque: made payable to “Office de Tourisme Vendée Marais Poitevin” and a photocopy of your passport or national identity card may be requested.
• By credit card: in the offices of the Tourist Office and on the website via the Payzen secure system, which is fully encrypted and protected in such a way that no third party can gain knowledge of it during transport on the network. The protocol used is SSL coupled with electronic banking.
• By holiday voucher: it is possible to pay by holiday voucher, either in part or in full. No change will be given for holiday vouchers.
• By bank transfer: FR76 1470 6001 6573 9981 7600 767 – BIC Code AGRIFRPP847

The Tourist Office will send an invoice to the customer after full confirmation of the purchase.
Failure to pay the balance in accordance with the above conditions will result in the cancellation of the contract.

ARTICLE 6 – Withdrawal

The 14-day right of withdrawal does not apply to accommodation, transport, catering or leisure services (tickets, guided tours, etc.) which are provided on a specific date or during a specific period in application of article L121-21-8, 12° of the French Consumer Code.

ARTICLE 7 – Cancellation conditions

The provisions of 7.1 to 7.3 do not apply where an amicable or contractual agreement has been reached between the parties.

7.1 Cancellation – Groups

In accordance with article L. 211-14, I of the French Tourism Code, the customer may cancel the contract at any time before the start of the service, subject to compliance with the following procedure and refund conditions:

Any partial or total cancellation must be notified by e-mail to [email protected] or by registered letter with acknowledgement of receipt to Office de Tourisme Vendée Marais Poitevin, Place de Verdun, 85200 Fontenay-le-Comte.

In the event of cancellation of individual tourist services, the cancellation/resolution fees are as follows:

• More than 21 days before the date of arrival: 30% of the total price of the activity or activities booked
• 20 to 8 days before the date of arrival: 60% of the total price of the activity or activities booked
• Less than 7 days before the date of arrival, or no-show, 100% of the total price of the activity(ies) booked.

A partial cancellation corresponds to a reduction in one of the elements of the service. The pro rata rule will be applied on the basis of the compensation arrangements set out above.

7.2 Cancellation – Individuals

7.2.1 For tickets

Tickets for admission to tourist sites are neither exchangeable nor refundable.

For concerts/shows/excursions or any other event, tickets cannot be returned or exchanged unless cancelled by the organiser. In this case, the ticket will be refunded.

For guided tours, tickets may be exchanged.

7.2.2 For tourist packages (accommodation, cultural and leisure activities, gift packs)

The Tourist Office will automatically apply penalties to the customer, in accordance with the conditions set out below, unless special conditions are specified in the description of the establishment and on the booking confirmation.

In the event of total or partial cancellation by the customer (the time taken into account is 12.00 noon on the scheduled day of arrival):

• More than 21 days before the date of arrival: 30% of the total price of the activity(ies) booked
• 20 to 8 days before the date of arrival: 60% of the total price of the activity(ies) booked
• From 7 to 3 days inclusive before the start of the service: 85% of the price of the service
• Less than 3 days before the start of the service: 100% of the price of the service

7.3 Cancellation – By the Tourist Office

In accordance with article L. 211-14, III of the French Tourist Code, the Tourist Office may cancel the contract and reimburse the customer in full for any payments made, without there being any need for additional compensation, if:

1. The number of people registered for the tourist service or package is less than the minimum number indicated in the contract and the Tourist Office notifies the customer of the cancellation of the contract within the period specified in the contract, and no later than :

• 20 days before the start of the service if it lasts more than 6 days
• 7 days before the start of the service if it lasts between 2 and 6 days
• 48 hours before the start of the service if it lasts less than 2 days.

2. Other cases of cancellation by the Tourist Office: if the Tourist Office cancels the service before the start of the event, the customer, without prejudice to any claims for compensation for any damage suffered, will be reimbursed the sum paid without penalty. They will also receive compensation at least equal to the penalty they would have incurred if the cancellation had been their fault on that date. The Tourist Office will pay compensation in accordance with the same penalties set out in 7.2.2.

7.4 Force majeure

The customer and the Tourist Office have the right to cancel the contract before the start of the service without paying any cancellation fees if the cancellation or modification is imposed by a case of force majeure, such as – by way of example but without limitation : the occurrence of a natural disaster, an armed conflict, a labour dispute, an imperative injunction from the public authorities, a transport disruption, an operating accident – i.e. the occurrence of an unforeseeable event, beyond the control of the client and which it is impossible to overcome despite all efforts to do so.

The party invoking force majeure linked to an event mentioned above must notify the other party by all means in a clear, comprehensible and apparent manner on a durable medium as soon as possible. The parties may consult each other, as far as possible before the service is rendered, to consider in good faith whether the contract should continue or be terminated. The party aggrieved by the non-performance of the obligation prevented by the event in question shall have the right to cancel the service without notice. In application of article 1148 of the French Civil Code, there will be no entitlement to damages or interest.

7.5 Refund for cancellation

In the event of cancellation and in accordance with the terms of article R221-10 of the Tourism Code, the Tourist Office will make the refunds required under II and III of article L. 211-14 or under I of article L. 211-14.

All payments made by or on behalf of the traveller will be reimbursed, minus the appropriate resolution costs. These refunds to the traveller will be made as soon as possible and in any event no later than 14 days after the cancellation of the contract. If the customer interrupts the holiday, no refund will be made.

ARTICLE 8 – Modification

8.1 Modification by the customer

Any request for modification before receipt of the invoice and issue of the exchange vouchers must be sent by e-mail to [email protected]. Confirmation of the request for modification and any agreement from the Tourist Office, together with any resulting price adjustments, will be sent to the customer by e-mail. As each request is treated individually, the Tourist Office is at the customer’s disposal to study any contractual modifications or requests for additional services.

Any modification of services on site by the customer will not give rise to reimbursement by the Tourist Office, nor will any unused services.

8.2 Changes made by the Tourist Office

In accordance with article L211-13 of the Tourism Code, the Tourist Office may, before the start of the service, unilaterally modify the clauses of the contract other than the price in accordance with article L211-12 of the Tourism Code, under the conditions and according to the procedures set out in article L211-13 of the Tourism Code. Unilateral modification by the Tourist Office will be possible without opposition from the customer if it is minor, provided for in the contract (weather conditions, number of participants, availability of the service provider according to its craft or agricultural activity, etc.) and if the customer is informed as soon as possible in a clear and written manner.

In the case of major modifications, or modifications that result in a price increase of 8% or more, the customer will be informed as soon as possible in a clear and written manner of the consequences of the modification on the total price. They will be given the opportunity to express their opinion on any replacement service and its possible price.

If the changes to the contract or the substitute service result in a reduction in the quality of the trip or holiday or in its cost, the customer is entitled to an appropriate price reduction.

If the contract is cancelled and the customer does not accept another service, the Tourist Office will reimburse all payments made by the customer as soon as possible and in any event no later than 14 days after the cancellation of the contract, without prejudice to compensation in application of article L 211-17 of the French Tourism Code.

ARTICLE 9 – Delay / Overscheduling

When a service specifies a precise starting time and place, in the event of a delay on the part of the customer, the latter must inform the Tourist Office as soon as possible by telephone on 02 51 69 44 99.

ARTICLE 10 – Transfer of contract

In accordance with articles L211-11 and R211-7 of the Tourist Code, the customer may, as long as the contract has not produced any effect, at the latest 7 days before the start of the service and by any means that allows an acknowledgement of receipt to be obtained, inform the Tourist Office of the transfer of the contract to another person who satisfies all the conditions applicable to this contract and who fulfils the same conditions as the initial customer for carrying out the service.

In the event of an assignment, the customer and the assignee will be jointly and severally liable for payment of the balance of the price as well as any expenses, fees or other additional costs incurred as a result of this assignment. The Tourist Office will provide information on the actual costs of the transfer, which must not be unreasonable or exceed the cost actually borne by the Tourist Office as a result of the transfer of the contract.

ARTICLE 11 – Liability

The Tourist Office is the customer’s sole interlocutor and is answerable to the customer for the performance of the services ordered and the obligations arising from these general conditions of sale. It is fully responsible for the performance of the services provided for in the contract, whether these services are performed by itself or by other service providers, and is obliged to provide assistance to any customer in difficulty.

The Tourist Office cannot be held responsible for booking errors that are attributable to the customer or that are caused by exceptional and unavoidable circumstances, for the total or partial non-performance of the services ordered in a case of force majeure as defined in article 7.4 of these GCS, for the act of a third party, for poor performance of its obligations by the customer, or in the event of fault on the part of the customer.

The customer shall inform the Tourist Office, as soon as possible given the circumstances of the case, of any non-conformity noted during the performance of a travel service included in the contract. The Tourist Office may not be held liable for damage of any kind that may result from the temporary unavailability of the site or an interruption in the customer’s connection during the registration, reservation or payment process.

If one of the travel services is not performed in accordance with the contract, the Tourist Office will remedy the non-conformity, unless this is impossible or involves disproportionate costs, taking into account the importance of the non-conformity and the value of the travel services concerned. If the Tourist Office does not remedy the non-conformity within the reasonable period set by the customer, the customer may remedy the non-conformity itself and claim reimbursement of the necessary expenses.

ARTCILE 12 – Insurance

At the time of booking and/or purchase, the Tourist Office does not offer to take out comprehensive or cancellation insurance and invites the customer to check that he/she also benefits from this cover with the insurer of his/her choice, whom it will be up to the customer to contact directly in the event of a claim, other than one involving the full liability of the Tourist Office, before or during the service, in order to trigger the appropriate procedure.

ARTCILE 13 – Protection of personal data

The Tourist Office is likely to collect personal data required for computer processing of a reservation and/or purchase, for its follow-up, for sending newsletters, promotions and solicitations or as part of quality surveys. The customer may unsubscribe at any time by clicking on the hypertext link provided for this purpose at the bottom of each communication, by sending an e-mail to [email protected] or by sending a letter to the following address: Office de Tourisme Vendée Marais Poitevin, Place de Verdun, 85200 Fontenay-le-Comte, with proof of identity.

In accordance with the RGPD, the customer has the right to access and rectify, update, portability and deletion of their personal data, which they may exercise by contacting the Office de Tourisme Vendée Marais Poitevin, Place de Verdun, 85200 Fontenay-le-Comte and the Syndicat mixte e-collectivités Vendée, responsible for processing personal data [email protected].

Unless the customer wishes to limit or object to the processing of their personal data, we reserve the right to use this information to send them the various documents mentioned above. The customer may also lodge a complaint with the CNIL.

ARTICLE 14 – Intellectual property / Photos / Illustrations

The photos, maps and illustrations contained in the brochures and/or the website are illustrative and are not contractually binding. Any reproduction or commercial or non-commercial use of these elements is strictly prohibited without prior written authorisation.

The repeated and systematic extraction of protected or non-protected elements from the www.vendee-maraispoitevin.com website causing any prejudice whatsoever to the Office de Tourisme Vendée Marais Poitevin or to one of its service providers or suppliers is also prohibited.

ARTICLE 15 – Archiving the contract

Any contract concluded with the customer corresponding to an order of an amount greater than 120 euros inclusive of tax will be archived by the Tourist Office for a period of 10 years in accordance with articles L213-1, R213-1 and R213-2 of the Consumer Code. The Tourist Office will archive this information and produce a copy of the contract at the customer’s request.

ARTICLE 16 – Complaints / Disputes

These GCS are subject to French law.

Any complaint relating to a service must be sent to the Tourist Office by e-mail to [email protected], and by registered letter with acknowledgement of receipt within 7 days of the end of the service provided.

If you do not receive a satisfactory response from the Customer Service Department within 60 days, or if the response you receive is not satisfactory, you may appeal to the Tourism and Travel Ombudsman(www.mtv.travel).

If the sale is made online, the customer may use the platform available on the https://webgate.ec.europa.eu/odr website to settle their dispute.

Any dispute that cannot be settled amicably will be dealt with exclusively by the TGI of Fontenay-le-Comte in the case of a legal entity, and in the case of an individual, by the competent court in accordance with article L.141-5 of the French Consumer Code.

Registered office: SPL VENDÉE GRAND SUD, 16 rue de l’innovation 85 200 FONTENAY-LE-COMTE
SPL with capital of €50,000 – Siret no.: 922 194 196 00015 – NAF code: 7311Z – Intra-Community VAT: FR10 922 194 196
OFFICE DE TOURISME, Place de Verdun 85 200 FONTENAY-LE-COMTE
02 51 69 44 99 – [email protected] – www.vendee-maraispoitevin.com
N° Siret : 922 194 196 00023 – ROVS Atout France registration (78-81 Bd de Clichy 75 009 PARIS) N°IM085240002 – Financial guarantee : APST (15 avenue Carnot 75 017 PARIS)
Liability insurance no. 11194580704 – AXA France IARD SA, POUPONNOT S. ET VRIGNAUD A. SARL, 70 av du Président François Mitterrand, BP 264, 85 200 FONTENAY-LE-COMTE
Intracommunity VAT: FR10 922 194 196