General Terms and Conditions of Sale
Preamble
These general terms and conditions of sale (GTC) apply, without restriction or reservation, to any order for a Visit, made by a Customer on the Website lescircuitsdelenergie.fr or remotely, under the conditions referred to below in Article 3, with CNR.
For any questions relating to orders made, CNR can be contacted by email at the following address: lescircuitsdelenergie@cnr.tm.fr and by telephone at +33 (0)4 26 10 63 95.
The GTC prevail over any conditions not expressly accepted by CNR.
The Customer declares having read these GTC and having accepted them, by checking the box provided for this purpose, before implementing the online ordering procedure for a Visit. The validation of the order for Visits by the Customer constitutes acceptance without restriction or reservation of these GTC.
These T&Cs may be subject to subsequent modifications, the version applicable to the Customer’s order is the one in force on the Site on the date the order is placed.
The Customer acknowledges having the capacity and/or rights and/or authorizations necessary to accept these T&Cs and place Visit orders, in his name and on his behalf and/or in the name and on behalf of the Visitors referred to in his order.
Definitions
For the purposes hereof, the terms and expressions identified by a capital letter have the meaning indicated below, whether they are used in the singular or the plural.
“T&Cs” designate these general terms and conditions of sale applicable to all Visit orders placed by a Customer on the Website or remotely.
“Consumer Customer” designates any natural person who is not acting for professional purposes who places an order on the Website or remotely for one or more Visits, in his name and on his behalf and/or in the name and on behalf of the Visitors referred to in his order.
“Non-consumer Customer” means any legal entity that is not acting for professional purposes that places an order on the Website or remotely for one or more Visits, in its name and on its behalf and/or in the name and on behalf of the Visitors referred to in its order.
“Customer(s)” means the Consumer Customer and the Non-consumer Customer together.
“CNR” means the company COMPAGNIE NATIONALE DU RHÔNE, a public limited company with capital of 5,488,164 euros, whose registered office is located at 2 RUE ANDRÉ BONIN 69004 LYON, registered with the RCS of LYON, under number 957 520 901 – intra-community VAT number FR59957520901.
“Party(ies)” means CNR and/or the Customer jointly or separately.
“Visit Site” means the Bollène industrial site and the Génissiat industrial site belonging to CNR in which the latter organizes Visits.
“Website” means the website, as well as the software and database associated therewith where applicable, operated by CNR, allowing the ordering of Visits and accessible at the following address: www.lescircuitsdelenergie.fr.
“Visits” means the guided Tours services of the Visit Sites organized by CNR. The various guided tours offered by CNR are described on the Site for orders via the Site and, in the appendix, for orders by telephone.
“Visitor” means the natural person who will attend the Visit ordered by the Customer.
Description of services
CNR organizes and markets guided Tours of different Visit Sites.
The main characteristics of the Visits are presented on the Site for orders via the Site and, in the appendix, for orders by telephone.
The Customer is required to read them before placing any order. The choice and purchase of a Tour is the sole responsibility of the Client.
Contracting process
1. Order via the Website
If the Customer wishes to order a Visit via the Website, the Customer selects the Visit and the Visit Site of his choice from the information sheet of said Visit according to the calendar of Visits offered by the Visit Site.
The information relating to the Visits is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
For orders placed on the Website, the registration of an order on the Website is carried out when the Customer accepts these General Terms and Conditions by checking the box provided for this purpose and validates his order by his “double click”.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. This validation implies acceptance of all of these General Terms and Conditions (by checking the box provided for this purpose) and constitutes proof of the sale. It is therefore up to the Customer to check the accuracy of the order and to immediately report any errors.
The sale will only be considered final after the Customer has been sent confirmation of acceptance of the order by CNR by email and after the Customer has received payment in full for the Visit(s) ordered.
2. Order by telephone
Placing an order by telephone is only possible for non-consumer Customers for groups of at least twelve (12) visitors.
In this case, the Customer may validly order a Visit, after consulting the information relating thereto on the Website or in CNR’s sales brochures, by telephone.
In this case, CNR will send the Customer, by email, a quote, accompanied by these General Terms and Conditions, detailing all the information relating to the Visits chosen by the latter by telephone. The Visits will then be pre-booked by CNR for the Customer.
The Customer must return to CNR the quote and the General Terms and Conditions duly signed by them, stating “Good for agreement”.
Visits will be definitively reserved upon receipt of payment of either the deposit or the total price according to the terms defined in the quote.
Price – Financial conditions
1. The price of the Visit (per Visitor) is indicated in the information sheet of the Visit on the Site for orders via the Site and, in the appendix, for orders by telephone. The services included and excluded from the price are expressly indicated.
Prices are indicated in €uros excluding tax (HT) and all taxes included (TTC).
Prices are firm and not revisable as indicated in the information sheet of the Visit on the Site for orders via the Site and, in the appendix, for orders by telephone.
Unless otherwise agreed between the Parties, the Visits offered by CNR do not include transport costs to get to the Visit Site which remain the responsibility of the Customer.
The payment requested from the Customer corresponds to the total amount due in return for the Visit multiplied by the number of Visitors chosen by the Customer.
2. For any Visit order placed with CNR via the Website, the full price is payable when said order is placed.
For any order for a Visit placed with CNR by telephone, according to the details of the quote (i) either the full price is upon acceptance by the Customer of the quote sent by CNR, (ii) or a deposit of 50% is payable upon acceptance by the Customer of the quote sent by CNR, before the date of the Visit; the balance being paid following the Visit, after possible regularization based on the exact number of visitors.
The Customer explicitly acknowledges his obligation to pay when he places an order for Visits with CNR.
In the case of an order for Visits on the Website, any amount due is payable by bank card on the Website by the Customer who indicates his sixteen (16) digit card number, its expiration date and the visual cryptogram on the back of the bank card. The bank cards accepted by CNR are as follows: VISA, Mastercard and Eurocard.
In accordance with Article L.132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a bank card is irrevocable. By communicating the information relating to his bank card, the Customer authorizes CNR to debit the bank account associated with his bank card for the amount corresponding to the total price of his order. To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his.
In the event that payment of the price is impossible, in particular due to a refusal by the bank, the sale of Visite would be immediately resolved by operation of law and the order would be canceled.
Validation of the order by means of a bank card number and the expiry date constitutes a mandate to pay the price appearing on the invoice that the payment server transmits to the Customer’s credit institution.
In the case of ordering Visits by telephone, the Customer will send the payment of his order by credit card on the Website (under the conditions referred to in this article above), bank transfer or check, to the contact details indicated on the quote sent to the Customer.
The Customer is informed that the invoice for his order will be sent to him by email or by post, if the Customer requests it.
Cancellation
Each Party may cancel, under the conditions referred to in this article, the Visit, ordered by the Client, for any reason.
Any cancellation of a Visit will be notified to the other Party by telephone or SMS.
This notification must be made no later than forty-eight (48) hours before the date of the Visit, except in cases of force majeure.
In the event of cancellation of the Visit less than 48 hours before, CNR will retain the sums paid at the time of booking.
By mutual agreement, the Parties may decide to substitute a Visit of equivalent value to the reimbursement of the sums paid by the Client.
However, the Client is informed, acknowledges and accepts that in the event of voluntary interruption of the Visit during the duration thereof at his initiative, the Client will not benefit from any reimbursement or compensation.
Duration
The Visit takes effect and will take place at the place, date and time indicated in the email confirming the Visit order, in the case of a Visit order on the Website, or in the quote duly accepted and signed by the Customer, in the case of a Visit order by telephone.
Force majeure
1. CNR will not be considered responsible or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure. Expressly, cases of force majeure are considered to be those usually retained by French legislation and case law.
2. The Customer may not be held liable for failure to fulfill its obligations in the event of a force majeure event, as defined above.
Customer Obligations
1. Safety
The Customer undertakes to comply, throughout the duration of the Visit, strictly with the advice and instructions given by CNR and in particular by the guide in charge of the Visit.
The Customer declares that he/she has read all the safety instructions on the Site for orders via the Site and, in the appendix, for orders by telephone and has accepted them, before implementing the online or remote ordering procedure for a Visit.
The validation of the Visit order by the Customer constitutes acceptance without restriction or reservation of the safety instructions given by CNR.
In this respect, the Customer is informed that the written safety instructions are also available on the Website. They will also be communicated to the Customer by the guide in charge of the Visit, or any other member of CNR staff, before the Visit takes place.
The guide in charge of the Tour will also provide the Customers with the safety equipment (helmets, vests, etc.) necessary for the Tour, which the Visitor agrees to wear for the entire duration of the Tour.
The Customer is fully informed, acknowledges and accepts that failure to comply with safety instructions when participating in a Tour may justify the refusal or exclusion of the Customer from participating in the Tour. This refusal or exclusion, pronounced for safety reasons, will not give rise to any reimbursement of the price or compensation for the consequences of this refusal or exclusion.
The Customer shall refrain from any personal initiative during the Tours that could jeopardize his or her safety, that of other participants or that of accompanying professionals. The Customer undertakes, in particular, to respect the routes of the Tours.
2. Minor Visitor
The Customer is informed, acknowledges and accepts that the Visit order is only possible for minor Visitors over eight (8) years old.
In addition, any Visit order for a minor Visitor must be made in compliance with the applicable legal provisions, in particular with regard to the rules applicable to parental authority.
As such, the Customer is informed that any minor Visitor must be accompanied, during the Visit, by an adult Visitor with the necessary capacity and/or rights and/or authorizations.
Withdrawal
The provisions of this article only apply to the consumer Customer:
The Visit order does not give rise to the right to withdraw in accordance with the provisions of Article L.221-28 of the Consumer Code.
The sale is therefore definitively concluded upon the placing of the order by the Customer according to the terms specified in these General Terms and Conditions.
Personal data
As part of its activity, and in application of EU Regulation 2016/679 relating to the protection of individuals with regard to the processing of Personal Data and the free movement of such data, CNR, acting as data controller, carries out computerized processing of Customer data in compliance with the regulations relating to the protection of personal data. The use of certain personal data is strictly necessary for the performance of the Visit services. Its purpose is to provide access to the Visits, their absence making it impossible for the Customer to proceed with a Visit order. The data strictly necessary for the performance of the Visit services are collected directly from the Customer. As such, the Customer is informed that the following information may be collected by CNR: for individuals: surname, first name, mobile phone, email, postcode and for groups: surname and first name of the manager, group’s affiliated organization, postal address, email, mobile phone.
The personal data collected is subject to computer processing and is kept by CNR only for the period necessary to achieve the purposes described above, within the limitation periods in force.
Thus, the personal data transmitted by each Customer is intended exclusively for CNR services.
The personal data of Customers is under no circumstances transmitted to third parties for advertising and promotional purposes without their prior consent. Personal data is not, in any event, transferred outside the European Union.
The Customer has a right of access, rectification, additional information and opposition, under the conditions provided for by the Data Protection Act.
Since May 25, 2018, the date of entry into force of European Regulation No. 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, the Customer also has a right to portability, erasure and limitation. The Customer may exercise this right online at any time by writing to CNR, at the following postal address: CNR – 2, rue André Bonin – 69004 Lyon or at the following email address: donnees.personnelles@cnr.tm.fr.
In the event of the existence of a newsletter and if the Customer has accepted it when ordering a Visit, information emails may be sent to him. The Customer may request to no longer receive such emails from CNR at any time by clicking on the link provided for this purpose.
Intellectual property
The Customer only has the right to consult the Website, brochures and all other documents, including advertising or commercial documents, originating from CNR.
All other intellectual property rights relating to the Website and its contents (software, images, videos, texts, logos, music, models, plans, etc.), brochures or all other documents, including advertising or commercial documents, originating from CNR, are and will remain the exclusive property of CNR or its licensors or suppliers.
Any total or partial reproduction of these elements, without prior written authorization from CNR, is strictly prohibited and may constitute an infringement that may be subject to prosecution.
Pre-contractual information
The Customer may consult the information relating to the Visits offered by CNR in these General Terms and Conditions but also on the Website and/or in the commercial brochures made available to the Customer.
The following provisions apply only to the consumer Customer:
The Customer acknowledges having received, prior to placing his order, in a legible and comprehensible manner, these General Terms and Conditions and all the information listed in Articles L.111-1, L.111-2 and L. 221-5 of the Consumer Code, and in particular the following information:
- the essential characteristics of the Visits;
- the price of the Visits and additional costs;
- the date on which the Visit will take place;
- information relating to the identity of CNR, its postal, telephone and electronic contact details, and its activities, as indicated in these General Terms and Conditions,
- the possibility of resorting to conventional mediation in the event of a dispute;
- the means of payment accepted.
Tolerances – Modifications
Any tolerance by one of the parties relating to the non-performance or poor performance by the other party of one of the provisions of the General Terms and Conditions may not, under any circumstances, and regardless of its duration, give rise to any right whatsoever for the party concerned, nor modify in any way the nature, extent or performance of its obligations by the other party.
CNR may, at any time, make any modification or adaptation to the General Terms and Conditions. The applicable General Terms and Conditions will be those in force on the date the order for Visits is placed.
Contradiction
In the event of a contradiction between the provisions of the General Terms and Conditions or the information sheet for the Visit on the Site for orders via the Site and, in the appendix, for orders by telephone, the provisions contained in a higher-ranking document will prevail. The hierarchy, in descending order, of the above documents is as follows:
- General Terms and Conditions;
- The annexes to these General Terms and Conditions (for orders by telephone);
- The order confirmation email or the quote duly accepted and signed by the Customer;
- The Visit information sheet on the CNR Website or in the CNR sales brochure.
Complaint – Mediation
These General Terms and Conditions are subject to French law.
The following provisions apply only to the consumer Customer.
Any complaint, for non-performance or poor performance of these General Terms and Conditions in particular, may be made by the Customer to CNR by registered letter with acknowledgment of receipt to the address of CNR’s head office. The Customer is strongly recommended to support his complaint with any factual element and evidence so that, if necessary, in the event of a finding of failure by CNR to meet its obligations, compensation can be considered.
CNR will make its best efforts to provide a response to the Customer within three (3) weeks of receipt of the aforementioned letter.
In the absence of an agreement between CNR and the Customer, the latter may resort to a conventional mediation procedure by submitting the dispute between it and CNR to the following mediator:
Consumer Mediation AME,
11 Place Dauphine, 75001 Paris, www.mediationconso-ame.com
In any event, the consumer Customer is informed that an Online Dispute Resolution (ODR) platform, established by EU Regulation 524/2013, has been set up and is accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm.
In the event of failure of the mediation procedure, the most diligent Party may refer the matter to the competent courts.
The following provisions apply only to the non-consumer merchant Customer:
In the event of a dispute arising from the execution or interpretation of these General Terms and Conditions, the parties agree to come together and attempt to find an amicable solution to their dispute.
In the event of failure, the dispute will be brought before the Commercial Court of Lyon, notwithstanding multiple defendants or third-party claims.