The general terms and conditions of sale set out below detail the rights and obligations of the parties.
obligations between SECRETRIP AGENCY, (the "Company /
The organiser"), selling the services defined below, and on the other hand the natural person or legal entity, referred to as "the Customer", purchasing one or more of these services by means of a contract as defined in article 2 hereof.
These services are subject to these general terms and conditions.
The services offered by the Company are as follows:
The quotation, together with these general terms and conditions of sale, constitutes a proposed contract for which the Client, or any agent acting on his behalf, expressly declares that he has the power, authority and capacity necessary to enter into the contract and to perform the obligations incumbent upon him. By express agreement between the Client and the Company, the act of sending the signed quotation or order form alone constitutes acceptance on the part of the Client of the terms of the contract and in particular these general terms and conditions of sale. For certain events, the agency may also impose the general conditions of its partners, which must also be applied. In this case, the agency will send the customer details of these conditions in addition to the quotation.
The agency is obliged to use all means it deems necessary and sufficient to satisfy its customers, within the limits of the contracted services with an obligation of means defined in article 1 hereof. By express agreement between the Client and the Company, in the context of the organisation of an event, it is agreed that the Company will make firm reservations with its service provider(s) only after receipt and effective cashing of the first deposit or the single deposit as defined in article 5 hereof.
In the event of the planned service provider(s) being unavailable on the requested date following the period between the quotation and the receipt of the deposit, the agency will do its utmost to offer the Client one or more equivalent or similar service providers for the contracted services. This new proposal from the agency is in no way binding on the Client, who is free to accept it or not. If the Customer accepts the new proposal, the relationship between the Company and the Customer shall continue under the conditions stipulated herein and without modification of the initial contract.
If the Client refuses the new proposal, the deposit(s) will be refunded to the Client within 30 days of receipt by the Company of the written refusal of the said proposal.
The Customer undertakes not to conceal any information relating to the event, the Organiser or its partners, which could delay, hinder, thwart or disorganise the project or its implementation.
The Customer shall ensure that access to any information required by the Organiser is facilitated.
The Customer undertakes to respect and comply with the specific conditions of the selected supplier(s) and, in particular, to pay any surety or guarantee that may prove necessary before full payment of all sums due.
The Customer undertakes not to intervene directly, before, during or after the event, with the Organiser's suppliers, subcontractors, staff or employees.
If, after a possible termination of the contract, the Customer were to carry out or have carried out the event which would have been initially defined by SECRETRIP AGENCY, a sum equal to 30% of all the quoted and plagiarised projects would be due to SECRETRIP AGENCY.
The prices of the services sold are those in force on the day the quotation is sent to the customer. They are denominated in euros and calculated exclusive of tax. They will be increased by the VAT rate. In the event of a response more than 10 days after the quotation is sent, the agency reserves the right to modify its rates at any time if justified. They will apply to any new proposal or contract amendment issued after this deadline.
Method of payment :
At the end of the service, in the event of additional costs, SECRETRIP AGENCY will calculate the price actually due and will send an invoice to the Customer mentioning this additional cost in addition to the basic price. The Customer shall pay the balance of the sums due (after taking into account advance payments and deposits paid) upon receipt of the invoice.
In the event of total or partial non-payment of invoiced services, the customer must pay the agency a late payment penalty equal to one and a half times the legal interest rate in force on the day the services were invoiced. All costs incurred by the company in recovering outstanding debts shall be borne by the customer.
SECRETRIP AGENCY will do its utmost to ensure the smooth running of the
However, the Customer cannot be held responsible for acts of God, force majeure or the actions of third parties.
However, even in these latter cases, SECRETRIP AGENCY
will endeavour to find solutions to overcome any difficulties that may arise. If, before the start date of the event, an essential element of the contract is modified, the customer may, within 7 days of being notified :
The customer may not claim any compensation if the modification of the event is imposed by a case of force majeure or for reasons relating to the safety of the participants. Furthermore, SECRETRIP AGENCY shall not be confused with its service providers who retain their own general terms and conditions with respect to any customer, as well as the responsibilities specific to their activity under the terms of the statutes governing them, their national legislation or international conventions instituting, among other provisions, a limitation of responsibilities. SECRETRIP AGENCY cannot be held responsible for the failure of its service providers to cancel or modify a service for technical reasons.
Unless there is a special agreement, if the Customer cancels the reservation or terminates this contract before the operation, SECRETRIP AGENCY will retain the deposits paid, whatever the reason for the cancellation, as irreducible contractual compensation for termination of the contract.
Furthermore, in the event of cancellation by the Customer, the latter must pay to
SECRETRIP AGENCY, as a debit option, the following cancellation fees :
Cancellation by SECRETRIP AGENCY In the event that, for a justified reason beyond its control, other than a case of force majeure, SECRETRIP AGENCY finds itself unable to carry out all or part of a planned service, its liability shall be strictly limited to the reimbursement of the sums (corresponding to the service not carried out) paid by the Customer.
The Customer shall indemnify SECRETRIP AGENCY for any damage or loss, costs and expenses incurred by SECRETRIP AGENCY or any of its customers, service providers or employees and caused by the Customer, any of its guests, agents or employees resulting from the organisation of the event.
SECRETRIP AGENCY declines all responsibility for damage caused by
damage of any kind (theft, damage, etc.) to goods of any kind (personal effects, equipment, etc.) brought by the customer or belonging to participants, regardless of where the goods are stored (car park, trade fairs, etc.).
As part of its business, SECRETRIP AGENCY has taken out insurance covering Professional civil liability covering any incidents including SECRETRIP AGENCY would be directly responsible (equipment or personnel used by SECRETRIP AGENCY). involved).
However, customers are free to take out a policy with the company of their choice for additional insurance (assistance, contingency, cancellation, etc.) for cover any incident for which its participants or representatives are directly or indirectly responsible. responsible.
SECRETRIP AGENCY will not be held responsible for any failure to comply with these conditions.
of these general terms and conditions insofar as failure to comply with these
conditions would be due to a cause of force majeure, in particular but without
limitation, fire, storm, explosion, flood or earthquake.
natural disaster, government decision, shortage of goods, strike, interruption of transport, road, rail, air or sea accident or incident, or adverse weather conditions with regard to external events, as well as damage, failure or delay on the part of one or more service providers, blocking of telecommunications, blocking of the Internet, etc.
In such cases, the customer remains liable for full payment of the
service. Nevertheless, the customer is free to take out "Operation Cancellation" insurance before the event with the insurance company of his/her choice, covering financial losses and/or additional costs for which the policyholder is responsible, following one of the events mentioned in this article.
The agency undertakes not to sell, share or disclose the customer's nominative personal data to third parties other than for its own use. However, such data may occasionally be passed on to third parties acting on behalf of the agency or in connection with the agency's activity in the context of the use for which it was originally collected.
Customers have the right to access and update their personal data and the right to request their deletion, in accordance with the law. Law no. 78-17 of 6 January 1978 on data processing, data files and individual liberties.
Customers may exercise their right of access or correction by contacting the agency by post to : SECRETRIP AGENCY : 3 ALLÉE DU PRESSOIR, 83400 HYERES
Pursuant to articles L.111-1 and L.123-1 of the French Intellectual Property Code, the agency's proposal and its content remain the property of the client. SECRETRIP AGENCY and may under no circumstances be passed on to third parties. and/or implemented by another agency, service provider or department of the customer or its partners.
For reference and advertising purposes, the agency is authorised to reproduce or disseminate all or part of the event data on its website or on any other communication medium it may use; in particular the customer's company name or brand name, the customer's logo the customer or the customer's brand, photographic and video reports written or audio testimonials.
The customer declares that he has obtained the express authorisations of the third parties listed in the event details, in particular those of parents or guardians in the case of minors, and thereby release the agency from any third-party claims against it seeking to prohibit the publication of data relating to the event or to request damages.
Furthermore, in the context of the use and distribution of photos by the customer, videos, written or audio extracts from the event whose organisation was entrusted to the agency, the customer undertakes to systematically indicate the words "Organisation : SECRETRIP AGENCY".
This contract is personal to the Customer and may not be transferred under any circumstances.
This contract is governed by French law and any dispute arising from it will be submitted to the jurisdiction of the TOULON Commercial Court.