GENERAL SALES CONDITIONS

This English translation is provided for convenience only. In case of discrepancy, the French version of the General Sales Conditions prevails.

The purpose of these General Sales Conditions is to define the rights and obligations between:

Andréa Beaud, sole trader – tourism consultant, registered under SIRET no. 897 932 190 00019, hereinafter “Andréa Beaud” or “Voyage à Lisbonne”.

On the one hand,

And

The natural or legal person purchasing services, hereinafter “the buyer” or “the client”

On the other hand.

PREAMBLE

“Voyage à Lisbonne” is the name given to the activity created by Andréa Beaud.

The services listed on the website www.voyage-a-lisbonne.com are offered by Andréa Beaud, whose activity is not assimilated to that of a travel agency or tour operator within the meaning of the legal definition under French law no. 99-06 published on 4 April 1999. Andréa Beaud carries out a tourism consultancy activity (NAF code 79.90Z), the terms of which are defined in Article 2 below, registered with the Créteil Trade and Companies Register under number 897 932 190.

These General Sales Conditions apply to all services offered through the website www.voyage-a-lisbonne.com and form an integral part of the contract between the client and Voyage à Lisbonne.

The client declares having taken note of all of these conditions and, where applicable, of the special sales conditions related to the services performed by Voyage à Lisbonne’s partners as soon as their identities are known to them, and accepts them without restriction or reservation.

Andréa Beaud reserves the right to modify these conditions at any time by publishing a new version on the aforementioned website.

The client acknowledges having received the advice and information necessary to ensure that the offer matches their needs. The client declares being legally able to contract under the national laws of their country of residence (natural person) or of the country where their registered office is located (legal person), or to validly represent the natural or legal person on whose behalf they are committing.

It is specified that in the event of contradiction between these General Sales Conditions and the contract concluded between the client and Voyage à Lisbonne, the provisions of the contract shall prevail.

Article 1 – APPLICABLE LAW

The client, natural or legal person, is subject to the national law of their country of residence (natural person) or of the country where their registered office is located (legal person).

Voyage à Lisbonne is subject to French national law.

In the event of a dispute between Voyage à Lisbonne and its client, the parties shall endeavour to find an amicable solution; failing that, the dispute shall be brought before the competent court.

Article 2 – PURPOSE / NATURE OF THE SERVICES

Throughout the website, Voyage à Lisbonne offers the following services:

. Consultancy on the organisation of all or part of a private or professional trip

. Negotiation of all or part of the services

. Booking of travel services such as vehicle rental, accommodation, activities, dining

. Delivery of a personalised travel book and an interactive map

Voyage à Lisbonne does not carry out any direct sale of services and does not make any payment on behalf of its clients, who are solely responsible for payments to the various providers proposed in the quote.

The precise list and description of the services offered by Voyage à Lisbonne can be consulted on the aforementioned website.

The parties agree that illustrations or photos of the services offered for sale have no contractual value.

Article 3 – QUOTE

Voyage à Lisbonne sends its client a free quote. The quote sent by Voyage à Lisbonne to its client specifies:

. the nature of the service,

. the price of the service,

. the payment terms,

. the description of the services as well as the prices negotiated with the providers,

. the schedule detailing the actions and obligations of the client and of Voyage à Lisbonne, as well as the completion deadlines.

To confirm their acceptance effectively, the client must indicate their agreement in writing:

. either by post, duly signed and dated with the words “bon pour accord” (agreed) by the legally responsible person, together with the company stamp if the client’s status requires it,

. or by email with the clear and unequivocal expression of the client’s consent.

The delivery of the documents necessary for the proper organisation of the client’s trip and the booking of the various services will only be carried out after receipt of the client’s written acceptance and payment of the deposit.

If no acceptance is received within one month of the client’s receipt of the quote, the quote proposal is considered cancelled and Voyage à Lisbonne reserves the right not to begin its service.

Validation of the order implies the client’s full, complete and unreserved adherence to these General Sales Conditions.

The client also accepts the General Sales Conditions of each of the providers mentioned in the quote, whose identities and contact details will have been given to them before each payment.

Any contractual modification is only valid after a written agreement signed by the parties.

Article 4 – PRICE

The price of the tourism consultancy service offered by Voyage à Lisbonne is mentioned on page 2 of the quote, under the heading “fees”.

It is expressed in euros and includes all taxes. The price varies according to the number of people, the duration of the stay, the chosen formula and other considerations specific to each provider.

The price may under no circumstances be modified, neither by Voyage à Lisbonne nor by the client, after acceptance of the quote.

Voyage à Lisbonne reserves the right to modify the prices displayed on the website at any time for the future.

Article 5 – BOOKING TERMS

Andréa Beaud, sole trader – tourism consultant, carries out the bookings of the services proposed in the quote.

All sums requested by the provider(s) are paid by the client directly and in full to said provider(s). The client has the identity of each provider, and all the necessary information, before making the payment(s) themselves.

Voyage à Lisbonne does not carry out any direct sale of services and does not make any payment on behalf of its clients, who are solely responsible for payments to the various providers proposed in the quote.

Article 6 – ACCEPTANCE AND PAYMENT OF THE SERVICE

I – Quote

The quote sent by Voyage à Lisbonne is free of charge.

II – Acceptance of the quote

The client’s acceptance is materialised by a written, named document constituting the client’s irrevocable consent to the purchase of the service (paper or electronic) or, where applicable, by payment of the fee deposit.

From the moment the client accepts the quote, they are considered to have accepted, knowingly and without price reservation, the assignment entrusted to Voyage à Lisbonne.

If the quote is accepted, a deposit of thirty (30)% of the total amount of the quote is immediately payable, the contract between the client and Voyage à Lisbonne being formed upon receipt by Voyage à Lisbonne of the client’s agreement.

The remaining sums due must be paid no later than thirty (30) days before the planned travel date.

Any service not included in the initial quote will be the subject of a free supplementary quote.

III – Payment terms

Payment of the organisation fees is made by bank transfer. In accordance with French regulations, a note is issued to the consumer before payment of the price whenever the price of the service is greater than or equal to €25 (VAT included).

Upon receipt of the client’s written acceptance, Voyage à Lisbonne will send without delay:

. an invoice detailing the sums due and recalling the payment terms

. the bank details of the account to which the sums due are to be transferred

Article 7 – LATE PAYMENT

Any late payment or non-payment will automatically result in:

. The immediate payability of any outstanding sum, first by sending a simple letter, then by sending a registered letter with acknowledgement of receipt constituting formal notice if the client has still not paid the sum(s) due.

. The calculation and payment of a late payment penalty in the form of interest at a rate equivalent to three (3) times the legal interest rate, without any prior reminder or formal notice being necessary. The applicable rate is calculated pro rata temporis.

. The right for Voyage à Lisbonne to suspend the performance of the current or future service and to defer any new request.

. The right for Voyage à Lisbonne to bring any necessary legal proceedings to assert its rights.

Article 8 – DURATION AND PERFORMANCE

The duration of the service is defined in the quote or the engagement letter constituting the contract, in accordance with the client’s initial request.

Either party may immediately terminate the contract in the event of cessation of activity of one of the parties, cessation of payments, receivership, judicial liquidation or any other situation producing the same effects, after formal notice sent by the competent authority (judicial administrator or liquidator) has remained unanswered for more than one month, in accordance with the applicable legal provisions of the country of residence (natural person) or registered office (legal person) of the client.

In the event of expiry or termination of the contract:

. the service contract will automatically end on the end date agreed between the parties

. Voyage à Lisbonne is exempt from any obligation relating to the subject of the contract as of the date of termination or expiry of the contract

. Voyage à Lisbonne undertakes to return, upon the client’s express request and within no more than thirty (30) working days after termination or expiry of the contract, all documents or information provided by the client

. The client remains liable for the sums already due before the termination date, in particular the thirty (30)% deposit; if this has already been paid, Voyage à Lisbonne will not refund it.

In the event of cancellation by the client:

. Up to thirty (30) days before the arrival date: thirty (30)% is due (corresponding to the deposit paid upon acceptance of the quote)

. Less than thirty (30) days before the arrival date: one hundred (100)% is due.

These percentages are applied to the amount of Voyage à Lisbonne’s service, i.e. the amount indicated in the quote.

In the event of cancellation by Voyage à Lisbonne:

If the cancellation cannot be defined as a case of force majeure, Voyage à Lisbonne undertakes to refund all sums already paid by the client in accordance with the quote sent (i.e. corresponding solely to Voyage à Lisbonne’s service). This cancellation shall not give rise to any payment of compensation by Voyage à Lisbonne.

Article 9 – FORCE MAJEURE

No party may be considered in default in the performance of its obligations, nor have its liability engaged, if such obligation is affected, temporarily or permanently, by a force majeure event or cause.

As such, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1218 of the French Civil Code, beyond the party’s control, including but not limited to: natural disasters, storms, fires, floods, epidemics, wars, strikes, accidents.

Within a maximum of five (5) working days of the occurrence of such an event, the party in default due to force majeure undertakes to notify the other party by registered letter with acknowledgement of receipt and to provide proof thereof. The defaulting party shall make every effort to eliminate the causes of the delay and shall resume the performance of its obligations as soon as the invoked case has ceased.

However, if the force majeure cause persists beyond fifteen (15) working days from the date of receipt of the notification of the force majeure event, each party shall have the right to terminate the agreement, without award of damages. Said termination shall take effect on the date of receipt by the other party of the termination letter sent by registered post with acknowledgement of receipt.

If the agreement is terminated by the client due to force majeure, the client must pay Voyage à Lisbonne all amounts due up to that date under the previously accepted quote and, where applicable, pay the sums provided for under these General Sales Conditions.

Article 10 – COVID-19

In the event that Portuguese, French, Swiss, Belgian, Luxembourg or Canadian government health measures (border closures, travel restrictions in km, etc.) prevent the trip from taking place, without the client being held responsible, Voyage à Lisbonne undertakes to provide the client with a voucher to be used until 31 December of the year following the cancellation, and to inform the client of the cancellation conditions of the providers involved in their stay.

The voucher corresponds to the client’s right to claim, within the allotted time, the performance by Voyage à Lisbonne of its bespoke travel programme creation service, the terms of which are set out in the quote, for the same number of people and the same number of days. Voyage à Lisbonne cannot be held responsible for the cancellation conditions of the providers, but undertakes to replace any failing services with equivalent services, as stated in Article 12.

In the event that the client is prohibited from travelling because they present a positive PCR or equivalent test, Voyage à Lisbonne is not bound by any obligation.

Article 11 – OBLIGATIONS AND CONFIDENTIALITY

Voyage à Lisbonne undertakes to:

. respect the strictest confidentiality concerning the information provided by the client and designated as such,

. not disclose any information about the services performed for its clients,

. return any document provided by the client and requested by them at the end of the assignment,

. sign a confidentiality agreement if the client so requests.

The clauses of the quote or contract signed between the parties are deemed confidential and, as such, may not be communicated to unauthorised third parties.

By adhering to these General Sales Conditions, the client undertakes to:

. respect the dates and times planned for all the services mentioned in the quote and accepted by the client, which are necessary for the proper running of the subscribed arrangement. Their cancellation will result in the application of the clauses contained in the “DURATION AND PERFORMANCE” paragraph.

Article 12 – LIABILITY

Each party assumes its civil liability according to the common law rules applicable in its country of residence (natural person) or registered office (legal person) for the client, and in France for Voyage à Lisbonne.

Voyage à Lisbonne acts as a travel consultant and adviser to its client. Given the nature of the services entrusted to it, Voyage à Lisbonne is bound only by an obligation of means. Voyage à Lisbonne undertakes to perform the services in accordance with best practice and in the best possible manner, under the terms and conditions of the agreement, and in compliance with the applicable legal provisions.

Voyage à Lisbonne cannot be held liable for changes or corrections made by the client or by one of the providers to the project initially proposed by Voyage à Lisbonne.

In particular, the cancellation by one or more providers of their assignment after acceptance of the quote does not engage the liability of Voyage à Lisbonne.

Voyage à Lisbonne nevertheless undertakes to do everything possible to offer its client one or more equivalent service(s), without guarantee of result.

Likewise, a delay caused by the client making it impossible to meet the agreed or legally prescribed deadlines does not engage the liability of Voyage à Lisbonne.

The liability of Voyage à Lisbonne, if proven, shall be limited to half of the total sum actually paid by the client for the service provided by the provider as of the date of the claim by registered letter with acknowledgement of receipt.

The client remains solely bound vis-à-vis the providers mentioned in the quote and acknowledges acting in compliance with the legislation in force and the rights of third parties.

The client undertakes to make available to the provider, within the agreed deadlines, all the information and documents essential to the proper performance of the service.

The services of Voyage à Lisbonne do not include the taking out of any insurance in the name and on behalf of the client, in any form whatsoever (neither personal, nor professional, nor travel insurance). The client (natural person) is fully informed that it is recommended to take out travel insurance. The client (legal person), in the context of a business trip, is fully informed that it is mandatory to take out professional travel insurance. The client is solely responsible for the insurance they take out with the providers booked by Voyage à Lisbonne, in particular the insurance taken out when renting a vehicle.

The client is solely responsible for bodily injury suffered in an accident during their stay, or for any damage or loss caused to third parties. The client is also aware that they must comply with the legislation in force during their stay.

The advice given, the services booked and the discovery itineraries created by Voyage à Lisbonne do not engage its liability. The client remains solely bound vis-à-vis the providers mentioned in the quote and acknowledges acting in compliance with the legislation in force and the rights of third parties.

The client must always comply with the instructions issued by the Portuguese government, which may change at any time during their stay.

Each party is liable to the other for any breach of the obligations incumbent upon it.

The directory of addresses and information sent by Voyage à Lisbonne to its client after acceptance of the quote is strictly confidential. Under no circumstances may it be reproduced, in any manner whatsoever, or passed on to third parties, under penalty of legal action.

Article 13 – TRANSFER

The client may transfer their booking to a third party. In this case, the third party inherits the rights and obligations inherent in the booking. The client and the third party to whom the booking is transferred are jointly and severally liable for the price of the service concerned as well as for any costs related to this transfer.

Substantial modifications such as a change of travel dates or of the number of participants are considered as cancellation of the booking and the making of a new booking.

If cancellation fees are applicable, the rules mentioned in Article 8 will apply.

Article 14 – RIGHT OF WITHDRAWAL

The client is informed that they benefit from a right of withdrawal of fourteen (14) working days after firm and final acceptance of the quote.

Article 15 – INTELLECTUAL PROPERTY RIGHTS

Trademarks, domain names, products, software, images, videos, texts and more generally any information subject to intellectual property rights are and remain the exclusive property of Voyage à Lisbonne.

No transfer of intellectual property rights is carried out through these General Sales Conditions.

Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.

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