Foreword
This WEBSITE, http://www.smartferry.com (hereinafter referred to as the „WEBSITE“), shall be maintained by the company „MOVE EXPERT“ (hereinafter referred to as the „LLC“), a limited liability company with capital of 50 000 euro, registered on the Trade and Companies Register of Aix-en- Provence under number 750 542 037, as well as into the Tour Operators and Carriers Register kept by „ATOUT FRANCE“, under number IM013190001, whose headquarters are located at address 355 Louis de Broglie Street, Le Tritium B, 13857 Aix-en-Provence (France).
The LLC is insured for professional liabilities by „MMA IARD“, 14 Marie et Alexandre Oyon Blvd., 72030 Le Mans (France), and for its activity as a travel agency, it is insured by „ATRADIUS CREDITO CAUCION“ S.A., DE SEGUROS Y REASEGUROS, 159 Anatole France Street, 92596 Levallois-Perret (France).
The COMPANY shall offer to the USER (hereinafter referred to as the „USER“), at the expense of the carriers (hereinafter referred to as the „COMPANIES“), services of consultation and reservation related to maritime and railway transport (hereinafter referred to as the „SERVICES“), namely: – transport tickets; – services related to these tickets.
Art. 1 – Scope and application
The present General Terms and Conditions for Sale (hereinafter referred to as the „GTCS“) aim at determining the rights and the obligations of the Parties in carrying out the sales, offered by the LLC to the USER.
The GTCS do not aim at determining the terms and conditions for implementing the contract for carriage, concluded between the USER and the COMPANIES through the WEBSITE, which are defined in the General Terms and Conditions offered by each COMPANY.
The USER of the WEBSITE is deemed to accept without reserve the GTCS of the LLC and of the COMPANIES as soon as he places an order.
The GTCS has priority over all general terms and conditions of sales of the USER, as well as over any clause that may be mentioned in the USER’s documents. The GTCS shall be applied for all sales by the LLC to USERS from the same category.
The LLC and the USER agree that their relations shall be governed solely by the GTCS.
The LLC reserves the right to partially amend the GTCS, which enter into force as of the time of their publication online.
The LLC reserves the right to derogate from some clauses of the GTCS, depending on the conducted negotiations with the USER, and to determine specific to the sale conditions.
ADD THE HEADER OF „SMART FERRY“
The LLC reserves the right to determine General Conditions of Sale according to categories that derogate from the GTCS, depending on the type of USER, determined on the grounds of objective criteria.
The available information on the WEBSITE, as well as the prospectus and prices of the LLC are indicative and may be amended at any time. In this respect the LLC is entitled to make all the amendments it considers necessary.
Art. 2 – Conclusion of the Contract
2.1 Order confirmation by the USER
The main steps, prior to order confirmation, are as follows: – The USER carries out a search on the WEBSITE, filling in various information related to his needs
(type of trip, currency, initial and end point of the route, date etc.); – The WEBSITE offers one or more SERVICES; – The USER selects one or more SERVICES and gives, under his own responsibility, any additional
information related to his needs; – The WEBSITE displays the selected options and the information provided by the USER as well as
the price of the SERVICE or SERVICES; – The USER registers on the WEBSITE by giving information on his identity and contact, or if
necessary, logs on into his profile if he has already registered; – The USER verifies whether the displayed information corresponds to his preferences (initial and end point of the trip, date, time, number and age of passengers, pets, type of vehicle, trailer etc.). Otherwise, the USER returns to the preceding pages and corrects any errors and/or possibly modifies his order; – The USER confirms that he got acquainted with and agreed to the GTCS of the LLC before hand, as well as to the General Conditions specific to the COMPANY, following which he confirms his order by , checking the boxes for this purpose or by clicking on the hyperlinks provided for this purpose. Otherwise, the order confirmation is technically impossible.
2.2 Order confirmation by the LLC
The Contract with the COMPANY is validly concluded as of the time at which the LLC sends an email to confirm the order and its payment. This electronic letter is sent to the USER promptly. The number of the ticket or the reservation is indicated in it, along with the main elements of the Contract, such as
information about the SERVICE, the price and the quantity.
In case this email is not received, the USER must promptly notify the LLC on tel.: +33 (0)4 26 78 31 10 (price of a local call).
All the orders, emails and invoices may be presented as evidence for the Contract. Emails and invoices may be disputed, given that they differ from the placed order and the objection is made through sending a registered letter with acknowledgement of receipt up to 72 hours after the sending of the email, which confirms the order.
For issues related to the following up of the order, the USER should phone +33 (0)4 26 78 31 10 (price of a local call).
In the event of misuse aimed at fraud with bank data, upon establishing such misuse, the USER is invited to phone +33 (0)4 26 78 31 10 (price of a local call).
Art. 3 – Order cancellation
The USER agrees that order cancellation can not be made without the prior written consent of the LLC, subject to the payment of indemnity in the amount of 20 Euro and according to the conditions of the Company’s consent in this respect.
The non-appearance at boarding (hereinafter referred to as „NO SHOW “), at the time and according to the conditions, set in the order, will be deemed as cancellation.
The cancelled order will be invoiced and is not subject to refunding.
The LLC reserves the right to terminate, refuse, cancel or delete the order of the USER, as no compensation is due, in the following events: – non-payment; – fraud or suspicion of fraud; – erroneous information, provided by the USER (related to his identity, contact information etc.); – technical barrier(s), obstructing the provision of the SERVICES (weight or dimensions of the vehicle,
transported goods, impossibility to use the reservation system etc.); – change or obsolescence of the timetables and the prices, provided by the COMPANIES and
published on the WEBSITE; – new information presented by the COMPANY, which does not correspond to the data published on
the WEBSITE as of the time of order confirmation by the USER; – dispute between the USER and the LLC or the CUSTOMER on the occasion of a former order.
Art. 4 – Prices
The SERVICES are provided at the prices of the LLC in force as of the day of the order, as published on the WEBSITE.
The prices shall be net and exclusive of taxes.
Art. 5 – Invoicing and payment methods
The LLC issues an invoice in the name of the CUSTOMER after order confirmation by the USER.
However, where the LLC offers several SERVICES to the same CUSTOMER, within the same month, it may periodically issue one invoice on a daily, weekly, bi-monthly or monthly basis.
The payment shall be made in full and as soon as the order is submitted. The following payment methods are accepted: bank card (CARTE BLEUE, VISA and MASTERCARD) and PAYPAL.
In order to ensure payments’ safety, the LLC shall use the safety protocol „3-D Secure“and payment solution „MONETICO PAIEMENT“ of CIC. In any case, the CUSTOMER’S personal data (number of the bank card, date of expiration and cryptogram) will not be transmitted or stored on the LLC’s server(s).
By providing his electronic address to the LLC, the CUSTOMER agrees to receive the issued invoices by this means only.
The amounts due, irrespectively of the occasion, to the LLC by the CUSTOMER, and the amounts due by the LLC to the CUSTOMER, regardless of the occasion, shall be compensated in full solely due to the fact that they are callable.
The LLC shall not give discounts for payments prior to the date noted on the invoice or within a term shorter than the one indicated in the GTCS.
In case of late payment or remittance of the amounts due by the CUSTOMER after the above indicated term, default interest in the amount of three times the amount of the statutory interest on the value of
the SERVICES, VAT included, entered into the invoice, shall be automatically and by right due to the LLC, in addition to a one-off fixed compensation for covering the expenses in the minimal amount of forty (40) Euro, without any formalities or a preliminary notification..
Late payment will result in the immediate chargeability of any outstanding sums, due by the CUSTOMER to the LLC in full, including those with an imposed moratorium, without prejudice to remaining actions, which the LLC is entitled to undertake against the CUSTOMER in this respect.
In event of noncompliance with the payment terms, specified above, the LLC reserves the right to suspend the provision of the SERVICES and/or to cancel the remaining orders in progress and to terminate the performance of its obligations.
Art. 6 – Manner of provision of the SERVICES
The SERVICES are provided within the COMPANIES abilities, to which the USER orders a SERVICE through the LLC.
It is reminded that the SERVICE, ordered by the USER through the LLC, is provided by the COMPANY, which is a third party other than the LLC, and is regulated by the general conditions of the relevant COMPANY (types of transport, conditions of traveling, instructions for safety, pregnant women, children, pets, luggage, specific services, customer service etc.).
This is why the USER should make any complaints to the relevant COMPANY (under the relevant General or Special Conditions of the same), and the LLC is solely responsible for the obligations, laid down in Art. 7 „Obligations of the LLC “.
The USER is informed that any information provided under his sole responsibility, within the framework of the order, must be correct, otherwise he may be obliged to pay an additional amount to the COMPANY, not be able to depart or not be in possession of a transportation document corresponding to the applicable legislation, without the LLC bearing any liability whatsoever.
The USER is informed that the LLC receives for each reservation made to the COMPANY a document, indicating the performance of the carriage and/or the non-appearance („NO SHOW“) of the USER.
In the event when using the carriage, the USER fails to observe the conditions specified in the order (size, weight, transported possessions etc.), it is reminded that the he risks not being able to depart or be forced to pay an additional amount to the COMPANY, without the USER being able to turn to the LLC in that respect.
The refusal of the USER to pay the additional amount indicated above or if he is refused the use the carried by the COMPANY on an attempt to use it in a manner that does not correspond to the conditions specified in the order, shall be considered a „NO SHOW“. The order will be invoiced, as indicated in Art. „3 – Cancellation “ above.
Art. 7 – Obligations of the LLC
The LLC undertakes to render the SERVICES in line with the order, submitted by the USER and in accordance with the conditions defined in the GTCS.
The COMPANY bears responsibility solely for its own errors with the limits defined in Art. 10 „Responsibilities and guaranties“.
Art. 8 – Obligations of the USER
In order to ensure the satisfactory performance of the SERVICES by the LLC, the USER undertakes to:
– provide to the LLC accurate information;
– provide directly to the LLC all the documents certifying the validity of the submitted information (namely an identity document), as well as all the documents and specific instructions needed for the performance of the SERVICE;
– inform directly the LLC for any possible difficulty related to the provision of the SERVICES.
In event of a group reservation, the USER undertakes to indicate a contact person, authorized to make decisions, provided that it is assumed that the author of the messages or the electronic letters, addressed to the LLC, has this powers, which consist of:
– guaranteeing the accuracy of the provided information for the provision of the SERVICE and about each member of the group;
– guaranteeing the observance of the GTCS by the members of the group, for which he assumed responsibility;
– being available for the entire duration of the provision of the SERVICES;
– fulfillment of the commitments agreed with the LLC in conformity with the powers granted to him;
– payment of the possible additional amounts, namely in the event that the USER appears in the place of departure but the carriage does not correspond to the conditions specified in the order.
Art. 9 – Other obligations
It is acknowledged and accepted that:
– None of the parties shall exercise control over the ability, the authenticity, the access and the security of the electronic letters exchanged between them;
– The LLC shall not be held liable for any loss, detriment, expenditure or damage, as a result of loss, delay, interruption, deviation or breakdown that has occurred to the electronic letters for any reason.
Art. 10 – Responsibility and guarantees
The responsibility of the LLC may be sought only in event of an error or personal and proven negligence. It shall be limited to the direct damages, excluding any indirect damages, irrespective of their nature, namely unforeseeable and intangible damage, as this list is not exhaustive.
In case of differences related to the SERVICE, which should be provided, that occur in period between the order and the electronic letter, sent by the LLC to the USER confirming the order, only the electronic letter confirming the order will be considered authentic between the parties, when determining the SERVICE to be provided.
The LLC does not guarantee that all the abnormalities, errors and bugs of the WEBSITE are eliminated, or that these difficulties may be corrected, or that the WEBSITE will function without any interruptions or
faults or that it is compatible with all the versions of the software.
IN ANY CASE, IF THE COMPANY IS DEEMED TO BEAR RESPONSIBILITY, THE USER GUARANTEE WILL BE LIMITED TO THE AMOUNT, EXCLUSIVE OF TAXES, EXCEEDING THE VALUE OF THE RESPECTIVE SERVICE, INCLUDED IN THE BASIS OF THE ORDER, PAID BY THE USER.
The preceding provisions, which distribute the risk between the parties, are of essential significance to the LLC and determine, with its consent, the conclusion of a contract with the USER, as the offered and agreed prices reflect this distribution of the risk and the limitation of the responsibility, which it entails.
Art. 11 – Transferability and sub-contracting
The LLC reserves the right to transfer the whole or part of the provision of the SERVICES to suppliers, satisfying the same requirements for qualification (more specifically to companies from his group), which the USER acknowledges and accepts.
The LLC also reserves the right to subcontract the entire or part of the provision of the SERVICES to suppliers, satisfying the same requirements for qualification (more specifically to companies from his group), which the USER acknowledges and accepts.
Art. 12 – Right of withdrawal
As the USER is a professional, who wants the provision of SERVICES within the framework and for the purposes of his profession, there is no reason for applying the right of withdrawal, laid down in the Consumer Code.
Art. 13 – Force majeure
The Parties may not be held liable if the non-fulfillment or the delay at the fulfillment of any of their obligations, as described in the present conditions, is due to force majeure within the meaning of Art. 1218 of the Civil Code and the relevant case-law.
With explicit agreement, the following events are considered force majeure:
– any force majeure applicable to the relations between the COMPANY and the USER, realized with the mediation of the LLC;
– any computer, electrical or electronic failure, virus or computer bug, or any other kind of technical malfunction that does not allow the LLC to provide the SERVICES to the USER;
– any factual circumstance related to the COMPANY or the OPERATOR, which in essence prevents the LLC from providing the SERVICES to the USER.
Art. 14 – Limitation period
The Parties decide by mutual consent, pursuant to Art. 2254 of the Civil Code, to reduce the limitation period for the performance of the actions related to a certain order (irrespective of the fact whether they are related to its registration, execution or consequences and effects of any kind) to two years, counted from the date of the confirmation.
Art. 15 – Autonomy of the clauses
If one or several of the clauses of the GTCS are considered as invalid or are announced as such according to a law, regulation or as a result of a final decision of a competent court, the remaining clauses shall preserve their entire force and scope.
Art. 16 – Tolerance
The fact that one of the Parties does not claim non-fulfillment by the other Party of any of the obligations, anticipated in the GCS, shall not be interpreted in the future s a waiver of the obligation in question.
Art. 17 – Proof
The USER accepts the use of the electronic medium as a manner of conclusion of the Contract. The data entered into the information system of the LLC under reasonable conditions of security, on a secure carrier, aimed at ensuring an authentic and long-term copy in accordance with Art. 1360 of the Civil Code, shall constitute proof for all the orders, communication and payments between the Parties.
Art. 18 – Intellectual property
The data published on the WEBSITE, namely trademarks, illustrations, photographs, visual images, texts, drawings or logos, are exclusive owned by the WEBSITE or of the holder of the rights over the relevant intellectual property.
Each full or partial reproduction, change, dissemination or use of this information, irrespective of the reason or the type of the medium, without the explicit prior written permission of the LLC of the holder of the rights over the relevant intellectual property, shall subject the perpetrator to prosecution. The same applies to all copyrights as well as to the rights over drawings and designs, and to all the patents, published and/or used on the WEBSITE.
Art. 19 – Informatics and freedoms
Pursuant to the provisions of Law No 78-17 of 6 January 1978 on information technologies, registers of personal data and freedoms, the CUSTOMER has the right to access and modify, as well as to oppose and terminate the provision of information to the LLC, which he may exercise directly by sending an electronic letter to the following address: [email protected].
Pursuant to Art. 12 of the European Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data („RGPD“), the USER is informed about the use of the personal data, collected on the occasion of his orders, through a confidentiality charter accessible on the following address: https://eur- lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679
Art. 20 – Disputes
ALL THE DISPUTES THAT THE GTCS (INCLUDING THE CONTRACTS AND ORDERS CONCLUDED UNDER THE CONDITIONS OF THEIR PROVISIONS) MAY RESULT IN REGARDING THEIR VALIDITY, INTERPRETATION, EXECUTION, TERMINATION AND THEIR CONSEQUENCES FROM THEM, WILL BE PRESENTED FOR CONSIDERATION BY THE MATERIALLY COMPETENT COURT IN AIX-EN-PROVENCE.
Art. 21 – Applicable law – Languages of the GCS
With explicit agreement between the parties, the GTCS and the SERVICES ensuing from them shall be regulated by the French Law.
These General Terms and Conditions are drawn up in French language. In the event that they are translated into one or several other languages, only the French text shall be deemed authentic in case of a dispute.
Art. 22 – Commercial data
We store commercial data of Client only as long as is necessary for the purpose for which Move Expert process them and in any event for the period necessary to provide our service. By means of these General Terms and Conditions, the Client agree to share commercial data and to receive marketing offers within group of the Move Expert and Vatecure companies. For further information on the companies in the Group, please go to www.move-expert.com.