These General Conditions of Sale apply to any purchase of travel service(s) and / or activity (or activities) offered by N & A INITIATIVES to non-professional or professional customers without restriction nor reservation. The most recent version is dated 22 June 2015.
The customised features of services purchased by customers are presented in each estimate. Nevertheless, all the features meet the Mystery Cape brand concept, that is, the total or partial preservation of the destination, package and activities. The customer is obliged to acknowledge this before any order is placed. The selection and purchase of a service is the sole responsibility of the customer. These conditions apply to the exclusion of all other conditions, particularly including those applicable to other marketing channels.
These General Conditions of Sale are systematically communicated to any customer prior to the conclusion of the service contract and will take preference, if applicable, over any other version or any other contradictory document. The customer declares to have taken read and understood these General Conditions of Sale and to have accepted them before concluding the contract of provision of the services.
These General Terms and Conditions of Sale may occasionally be amended and the version applicable to the customer's purchase shall be the version in force on the date of conclusion of the contract. By confirming the services order, the customer accepts the present General Conditions of Sale without restriction or reservation. The customer acknowledges that he/she is capable of creating a contract and of acquiring the services offered on our website.
1 – SARL N&A INITIATIVES
The following General Conditions of Sale apply to all mystery services provided by N & A Initiatives SARL, through its trademark Cap Mystère [Mystery Cape].
N & A Initiatives SARL is a French company [société de droit français] with a capital of EUR 10 000, whose registered office is located at La Fabrique, 3 rue joseph Cugnot, 17180 Périgny, with email address: email@example.com. N & A Initiatives SARL is registered under the number 802 138 370 in the La Rochelle Register of Commerce and Companies [Registre du Commerce et des Sociétés de La Rochelle]. The VAT number is FR3180213837000035. N & A Initiatives SARL is registered in the register of travel agencies with the agency ATOUT FRANCE under the number IM018140002 and has contracted professional liability insurance with MMA, whose agency is located at 2 rue Louis Mallet 18 000 Bourges (contract no.: 140287539) guaranteeing up to liability limit of EUR 8 000 000 / claim / year, together with a Financial Guarantee from APST, whose registered office is located at 15 Avenue Carnot 75017 Paris, up to a limit of EUR 200 000 (customer expenditure 100% guaranteed).
Cap Mystère offers the services presented on the website www.capmystere.com and markets them to any person who has expressly declared (by ticking the box provided for this purpose) to have read and accepted these General Conditions of Sale and the [conditions] descriptions, proposed on the website: www.capmystere.com.
2 – REMINDER OF THE MAIN ARTICLES OF THE TOURISM CODE
These General Conditions of Sale are intended to interpret and to respect articles L 211-1 to L 211-24 concerning travel agents and other commercial entities involved in the sale of travel and holidays:
- General provisions (Articles L211-1 to L211-6)
- Contract for the sale of travel and stays (Articles L211-7 to L211-15)
- Professional civil liability (Articles L211-16 to L211-17)
- Obligation and conditions of registration (Article L211-18)
- Freedom of establishment (Article L211-19)
- Freedom to provide services (Articles L211-20 to L211-22)
- Sanctions and precautionary measures (Article L211-23)
- Contract for the use of timeshare buildings (Article L211-24)
These General Terms and Conditions of Sale also comply with articles R 211-1 to R 211-52 of the Tourism Code for travel agents and other commercial entities involved in the sale of travel and holidays:
- General provisions. (Articles R211-1 to R211-2)
- Contract for the sale of travel and holidays. (Articles R211-3 to R211-13) (See Special Conditions of Sale relating to the Cap Mystère concept for article R-211-4)
- Sanctions and precautionary measures. (Article R211-14)
- Obligation to inform air passengers of the identity of the air carrier. (Articles R211-15 to R211-19)
- Obligation and registration conditions for travel agents and other commercial agents involved in the sale of travel and holidays.
- Procedure for the registration for travel agents and other commercial agents involved in the sale of travel and holidays. (Articles R211-20 to R211-22)
- Management of the register of travel agents and other commercial agents involved in the sale of travel and holidays. (Articles R211-23 to R211-25)
- Financial guarantee. (Articles R211-26 to R211-34)
- Professional civil liability. (Articles R211-35 to R211-40)
- Professional competence. (Article R211-41)
- Contract for the use of timeshare buildings. (Articles R211-42 to R211-49)
- Freedom of establishment and freedom to provide services. (Articles R211-50 to R211-51)
All the articles of the tourism code quoted conform to articles 1369-4 to 1369-6 of the French Civil Code. The General Conditions of Sale are intended to define the terms and conditions under which Cap Mystère creates proposals for the marketing of mystery experiences to buyers and / or beneficiaries. They are dated 21 August 2014 and apply, without restriction or reservation, to all sales of services to customers. As a result, by purchasing any of the services offered by Cap Mystère, even in the form of a gift voucher or honeymoon, and through any use in the form of carrying out the experience and / or travel plans, the customer acknowledges and agrees to the entirety of the present General Conditions of Sale, without reservation.
3 – PRICING AND PAYMENT RULES
The services offered by Cap Mystère are provided according to the estimate determined by the service providers, which is subsequently carried over by Cap Mystère, in order to establish a final estimate at the time of order placement. Prices are in Euros, including all taxes. These rates are fixed and not revisable during their period of validity (except during high season and for last minute offers), if all availabilities at the time of the enquiry are still applicable, as indicated on the estimate. Cap Mystère reserves the right, outside of this period of validity, to modify the prices at any time. They do not include the costs to be paid on-site once travelling, such as for visas, excess baggage, airport taxes, any tourist taxes, as per the conditions indicated on the estimates and calculated before placing the order. The payment requested from the customer is the total amount of the purchase, including these fees.
An invoice is issued by Cap Mystère and is made available on the customer's personal account after payment of the full amount. Only the services mentioned explicitly in the description of the trip form part of the package and therefore are included in the price paid by the customer. Therefore, Cap Mystère is only engaged for the services set out in the estimates and invoices signed by Cap Mystère and for which the customer will have paid. Personal expenses (gratuities, telephone costs, deposits etc.), vaccination costs, visas, optional excursions and in general any service not expressly included in the description of the trip, excess luggage, drinks during meals if not explicitly stated, fuel increases, as well as any government taxes, are all formally excluded from the services paid for by the customer. Any additional costs applied by the airlines for additional luggage weight, extras available on-board (food, drinks, magazines...) are not included in the price of the services marketed by Cap Mystère. This also applies to gift certificates. Any damage or loss of baggage will be the sole responsibility of the airline.
The prices established by Cap Mystère may, in accordance with applicable laws and regulations, be increased to take account of significant cost variations between the day of order placement and the day of departure. This includes the cost of transport, linked in particular to the cost of fuel, in application of Decree R 211-8 of the Tourism Code: changes in the cost of transport will be reflected pro rata according to their proportion within the calculation of the total price of the reserved trip; the same applies to fees and charges for services offered, such as landing charges, boarding and unboarding charges at ports and airports. The total amount for these taxes cannot be requested by Cap Mystery from the client less than 30 days before departure. The same applies to the exchange rates applied to the journey or stay in question (Art. L 211-12 of the Tourism Code).
For the gift cards available on the website, prices are also given in Euros, including all taxes. A number of detailed services are set out for each gift card, except for the made-to-measure gift card, for which the number of services will vary depending on the total cost amount set. The minimum amount is 80 euros / person. Payment is made in full at the time of booking. The gift card is usable for a period of 2 years from the date of purchase on our site. 3 proposals maximum (if the first nor the second are to the client’s liking) can be made to the beneficiary in order to precisely meet expectations, depending on the amount of the gift card.
In the event of unfavourable changes in the price of the Euro, Cap Mystère shall be able to request from the client additional payment due to revision of its billing in order to take into account the difference between the time of invoicing to the customer and that of payment to the service partner. In addition, Cap Mystère cannot be held responsible if the customer has to pay additional local taxes imposed by the local authorities of certain countries. These taxes are to be paid directly by the customer locally on arrival, either in the local currency or in US dollars. (USD).
The services purchased on www.capmystere.com must be paid according to the schedule and in the form as set out below:
The customer can choose to pay:
- If the reservation is made more than 45 days before departure:
o 40% of the total amount at the time of booking and 60% at the latest 45 days prior to departure. This deposit can under no circumstances be considered a deposit.
o One single complete payment (100%) at the time of booking.
- If the reservation is made less than 45 days before departure:
o 100% of the total amount is to be paid at the time of booking. For gift cards, the payment can only be made in this way, i.e. 100% of the amount of the gift card, at the time of booking and before sending to the requested address.
Payment is made either by credit card directly on our secure payment platform or by bank transfer.
Payments made by the customer will be considered as final only after actual receipt of the sums owed and crediting of the SARL account. N et A Initiatives CCOU no. 72005233551. Cap Mystère will not be obliged to carry out the services ordered by the customer if the price has not already been fully paid under the conditions indicated above.
In case of late payment and payment of sums owed by the customer beyond the deadlines set out above, and after the date of payment shown on the invoice addressed to the customer, delayed payment penalties calculated at the rate of 5% per week of the total amount inclusive of the price of the services, which will be recalculated weekly, will be applied automatically by Cap Mystère without requesting any formalities or prior formal demand. The delay in payment will result in the immediate payment of the full amount owed by the customer, without relinquishing any of the rights of Cap Mystère to take further legal action.
In addition, Cap Mystère reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of services ordered by the customer and / or to suspend the performance of its obligations. No additional charge, greater than the costs incurred by Cap Mystère for the use of a means of payment, may be charged to the customer.
4 – RULES ON AMENDMENT AND CANCELLATION
The rules below concern order amendments or cancellations which are solely due to the desire of the customer after reservation and payment for one of the experiences offered on the website www.capmystere.com, or after receiving a gift voucher from a third party.
Any amendments made to the order by the customer can only be taken into account by Cap Mystère within certain limits of what is reasonably possible, and provided they are notified by e-mail with acknowledgment of receipt or by registered letter with acknowledgment of receipt by Cap Mystère at least 15 days before the date of the first service contracted.
These changes will give rise to a new price estimate if the price is adjusted. In the event that these modifications cannot be accepted by Cap Mystère and its partners, and the request is made within the required period, the sums paid by the customer will be reimbursed by Cap Mystère and its partners within a maximum period of 30 days from the date of notification by Cap Mystère that the modifications cannot be accepted (unless the client prefers to have a credit).
Any modification will include the invoicing of the following additional costs: fees due to changes to fundamental services selected vary according to the time period between the programmed departure date and the date of the modification request:
- More than 45 days before departure: 50 € per person.
- Between 45 and 30 days before departure: 80 € per person.
- Between 30 and 15 days before departure: 100 € per person.
These fees do not include changes to the rates of different providers that vary according to the date of the stay. These will be in addition to the fees set out above. These new rates will be communicated to the customer before any final modification. Certain modifications resulting in a major change or total overhaul of the services requested may be considered as cancellations.
This is the case for a request to modify the departure city or the destination, the departure and arrival dates, the chosen product range with consequent change of hotel/accommodation ... The fees applied will therefore be the fees as applicable to cancellations if no new agreement is created between the client and Cap Mystère within a reasonable time period.
Warning: A request to change one or more names of travellers following a spelling or input error will only result in payment of any fees charged by the service provider. If the flights included in the total price paid at the time of booking must be changed, depending on the General Conditions of Sale of the airline concerned, the costs may be increased until the repurchase of the return tickets for the person(s) concerned..
Cases of customer no-show on departure, or of failure to check-in will be considered as cases of cancellation of reservation less than 3 days before the departure and the totality of the price of the stay is due for payment by the customer. This also applies in cases of any delay before arriving to departure point where Cap Mystère was not involved, where factors beyond the customer’s control played a role or where this was a service from a third party. The customer will be able to repurchase round-trip tickets at additional cost, subject to availability.
No refund can be made in the event of a shortening of the stay at the request of the customer or in case of a customer, at their own will, decides not to receive a service or participate in an activity included in the trip. In the event of cancellation, any insurance contracted, the service charges invoiced at the time of the order and any credit card charges from low-cost companies are never refundable. Claims for these can never be made to Cap Mystère.
Return and cancellation of gift cards:
- Gift turns may not be returned or reimbursed after purchase, regardless of whether they have been used or not.
- Gift cards may not be returned or reimbursed, but they may be used in conjunction with other trips with our agency, or used to add services that could not previously be added with the original amount credited to the gift card.
Air services cannot be refunded if no cancellation insurance has been contracted.
To cancel a reservation, the client must send a request in writing (registered mail with acknowledgment of receipt) to Cap Mystère at the following address: Cap Mystère, La Fabrique, 3 rue Joseph Cugnot, 17180 Périgny.
Only the date of receipt of the notification by Cap Mystère of the cancellation request will be taken into consideration for the calculation of any expenses that may be due for payment by the customer.
A cancellation fee is due when the reservation is final, i.e. the General Conditions of Sale have been validated and the payment or a deposit paid.
A cancellation request will entail the application of the following fees (as a minimum), except in cases of force majeure
- More than 45 days before departure: 40% of the total cost of the trip;
- Between 44 days and 30 days before departure: 40% of the total cost of the trip;
- Between 29 days and 15 days before departure: 60% of the total cost of the trip;
- Between 14 days and 7 days before departure: 90% of the total cost of the trip;
- One week before departure and in case of no show: 100% of the total cost of the trip.
These aforementioned fees are minimum amounts, subject to obtaining all refunds for each of the services listed in the estimate and invoice in the customer’s name. The client may not claim reimbursement of the remaining sums due if Cap Mystère does not obtain these refunds from its partners and / or service providers, e.g. flights, car rental, guides, hotels, drivers, restaurants, activities, tours, surprises organized by Cap Mystery, etc.
For peace of mind for any cancellation expenses, we recommend that you contract comprehensive cancellation insurance: ‘Multirisques Confort’ and cancellation insurance in collaboration with our partner APRIL Voyages.
Air services :
In cases of non-modifiable and non-refundable flights, the cancellation costs are 100% of the price of the regular flight excluding insurance. In cases of cancellation of a postponed trip, or substitution, the cancellation fee is 100% of the price of the trip excluding insurance. For certain trips and / or services, hoteliers and / or service providers may charge us 100% cancellation fees from the time of booking. In this case, Cap Mystère will be obliged to ask for 100% of the expenses of the trip.
The services ordered by the customer will be provided, in the form of a provisional estimate, within a maximum of 7 working days from the final validation of the customer's order, under the conditions set out in these General Conditions of Sale, to the E-mail address given by the customer when ordering.
The final sale takes place within a variable period of time (depending on the remaining availability and the time period remaining between the departure date and the sending of the estimate to the customer. This period corresponds to the period granted by Cap Mystery to the customer to pay for the order placed either partially (40%) or totally.
Cap Mystère undertakes to make its best efforts to provide the services ordered by the client within the time limits specified above. However, these deadlines are given as an indication and the estimate must be validated by the customer. If the services ordered have not been provided for any reason other than force majeure or due to the customer deciding not to consume the services, the sale may be resolved on written request by the customer under the conditions provided for in articles L 138-2 and L 138- 3 of the French Consumer Code. A new time limit will start in the event of a change in location or due to specific requests from the customer for the provision of services. In the absence of reservations or claims expressly issued by the customer during the provision of the services, these will be deemed to have fulfilled the order, both in quantity and quality.
The customer shall have seven days to give notice of any such reservations or claims to Cap Mystère, in writing or by e-mail, and with acknowledgment of receipt, including all supporting documents. No complaints will be accepted as valid in case of non-compliance with the formalities and deadlines by the customer. Cap Mystère will promptly reimburse the customer or rectify any issues (to the extent this is possible), at the expense of Cap Mystère, for any services which have been duly proved by the customer as not complying with the order.
The period between the issuance of a gift voucher to a customer for a beneficiary and the use of the same gift voucher may not exceed one year. Once this year has passed, the gift voucher will be forfeited and Cap Mystère will no longer be required to provide any services to the beneficiary. In case of a delay the customer is aware of, our team should be contacted within 1 month before the expiry date to find a solution suited to the situation.
Your new rights: if "after receiving the service (after-sales service, after traveling ...) no satisfactory response is given, or if no response is received within 60 days, the client may refer the matter to the Tourism and Travel Ombudsman [médiateur du Tourisme et du Voyage], whose contact details and details are available on its website: www.mtv.travel ".
7 – ADVICE FOR CUSTOMERS
Cap Mystère would like to remind you, some essential points not to forget for your trip. Cap Mystère will not be held responsible for any of the points indicated below, nor in case of any problems relating to these points, or if one of these has been forgotten. These points are merely indicative and non-exhaustive, to help you to have a great time.
So do not forget:
Before your departure :
Check the validity of your passport or identity card, for all travellers on the trip. (expiration date minimum 6 months after the return date).
Read, before your arrival, the documents provided in the travel document or application pack.
Read (when you choose your destination) the web site of minitery of Foreign Affairs about all administrative procedures compulsary to enter in the country, especially to accross the border. For unknown destination, of course we'll do it.
Check your health cards (up-to-date vaccinations) and take any important medical information.
Check for any prohibited products and the maximum quantities allowed by the airlines.
Check that your first aid kit contains enough first aid equipment (dressings, disinfectant, compresses...
Please stick carefully to the schedules set out on the travel pack, including your tickets for going away and coming home.
We calculate leaving 2h 30min before departure to ensure a comfortable amount of time for boarding both on the way (we also plan the time to withdraw currency if different locally) and on the return trip.
Check the weight of your luggage and the weight in your travel pack to avoid paying a surplus.
During your trip :
Mind your luggage, especially during transit periods (airport, train station, taxi, shuttle, hotel reception...)
Check (in the tourist guide or arriving at the destination) the prices usually requested for taxis, restaurants... if you do not want to have any unpleasant surprises.
Check if tipping is required in the country (in the tourist guide or when arriving at your destination).
Check hotel schedules. Generally, a client can access his room from 2 p.m. and must vacate it at midday.
Bear in mind that the rating of hotels and their number of stars corresponds to a classification established by each country. This means that the evaluation criteria are not international.
8 – RESPONSIBILITY AND INSURANCE
Cap Mystère and / or providers participating in the creation of this trip and / or the activity (s) cannot be held responsible for:
- Forced and necessary repatriation of the client in the event of a serious health problem or death experienced during the journey and confirmed by a competent medical authority.
- Deeming services inadequate or not apprciating the service (s) with that as expected from the contract.
- Force majeure, which corresponds to any event outside of the control of both parties that is both unpredictable and irresistible and which prevents the client and / or the agency / its suppliers from fulfilling all or part of the obligations under the contract (riots, wars, political turmoil, health situations, pollution, natural and / or climatic events, etc.).
- Technical incidents outside control of Cap Mystère (strikes by airline personnel, airspace congestion, delays in transport, loss or theft of luggage or other belongings...).
- Before departure, in case of cancellation due to circumstances of force majeure and / or to ensure the safety of our customers and / or by an administrative authority. However, we may, in accordance with the provisions of the French Tourism Code, propose to our customers a modification of dates, schedules and routes.
- After departure, in case of force majeure, the obligations of the parties are suspended. The delay or delays and the resulting changes in itinerary may not result in any compensation whatsoever, in particular as a result of changes to the duration of the initially scheduled program or delay in correspondence.
- Any additional costs related to a disturbances (taxes, hotel, change of means of transport, parking, etc.) will be borne by the customer. Subject to the aforementioned cases, Cap Mystère guarantees the customer, in accordance with the legal provisions and without additional payment, against any lack of conformity or hidden defects resulting from a failure to perform the services ordered under the conditions and according to the Terms set out in the appendix to these General Conditions of Sale.
In order to assert their rights, customers must notify Cap Mystère, in writing, of defects in conformity within a maximum period of 15 days from the date of supply of the last service. Cap Mystère will reimburse or rectify (to the extent possible) services deemed to be defective as soon as possible and no later than 30 days after Cap Mystère and the contractor concerned have determined that they are defective or missing.
The refund will be made by credit to the customer's bank account or by bankers check in the customer’s name. Cap Mystère's guarantee is limited to the reimbursement of the services actually paid by the client and Cap Mystère cannot be considered responsible or failing for any delay or failure due to the occurrence of a case of force majeure as normally recognized by French jurisprudence. The services are in conformity with the regulations in force in France. Cap Mystère cannot be held liable for non-compliance with the legislation of the country in which the services are provided; it is the responsibility of the client, who is solely responsible for the choice of the services requested, to verify this.
To avoid any damages and financial loss, Cap Mystère strongly recommends that you take out insurance covering for all the risks mentioned above.
Cap Mystère offers you Multi-risk Comfort and Cancellation insurance [assurance Multirisques Confort et Annulation], via the partnership set up with its partner April Voyage. This insurance has been specially put together so that every traveller can go away with peace of mind. In the event of a claim, before or during the trip, it is your responsibility to contact the April assistance number in accordance with proper protocol and subsequently open a refund claim.
9 – PROPRIÉTÉ INTELLECTUELLE
The trade name and trademark mentioned above and the content of the website www.capmystere.com is the property of the vendor and its partners and is protected by French and international laws relating to intellectual property.
Any use and / or total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting. In addition, Cap Mystère retains ownership of all intellectual property rights in the photographs, presentations, studies, etc. carried out (even at the request of the customer) for the purpose of providing services to the customer. The customer therefore shall refrain from any reproduction or use of this material without the written and prior express authorization of Cap Mystère which otherwise may be basis for a financial compensation.
10 – FRENCH DATA PROTECTION AND FREEDOM OF INFORMATION LAW
Pursuant to Law 78-17 of 6 January 1978, please note that the personal data requested from the customer are necessary for order processing and for the preparation of invoices, in particular. These data may be communicated to any Cap Mystère partners responsible for the execution, processing, management and payment of orders. In accordance with the national and European regulations in force, the customer has a right of permanent access, modification, rectification and opposition regarding the information concerning him/her.
11 – APPLICABLE LAW AND LANGUAGE
The present General Conditions of Sale and the operations resulting therefrom between Cap Mystère and the customer are governed by and subject to French law. These General Conditions of Sale are written in French [in original; translated into English]. If they are translated into one or more foreign languages, only the French text will be authentic in case of disputes.
12 - DISPUTES
All disputes arising from the buying and selling transactions concluded pursuant to these General Terms and Conditions of Sale, with regard to their validity, interpretation, execution, termination, and consequences and which could not be resolved amicably between the provider and the customer, will be submitted to the competent courts under the conditions of common law.
The client is informed that he may in any event resort to conventional mediation, in particular through the Consumption Mediataion Commission [Commission de la médiation de la consummation] (C. consom, article L 534-7) or with the existing sectoral mediation bodies, or any alternative means of dispute settlement (conciliation, for example) in case of legal challenges.
13 - PRECONTRACTUAL INFORMATION
The customer acknowledges having received information regarding these General Conditions of Sale, prior to the immediate purchase or the placing of his order, and in a clear and comprehensible way, and all the information and data referred to in articles L 111-1 to L 111-7 of the Consumer Code, and in particular:
- essential features of the service;
- the price of services and additional costs;
- in the absence of immediate execution of the contract, the date or time at which the vendor undertakes to deliver the service;
- information relating to the identity of the seller, his postal, telephone and electronic contact details and his activities, if they are not relevant to the context;
- information on legal and contractual guarantees and their implementation procedures;
- the functionality of digital content and, where appropriate, its interoperability;
- the possibility of resorting to mediation in the event of a dispute.
The fact of a natural person (or legal entity) making an immediate purchase or ordering a product implies acceptance of the entirety of these General Conditions of Sale, which is expressly acknowledged by the customer, who renounces the right to make any form of claim based on any other contradictory document, which would in any event be unenforceable to the vendor.