A LA CARTE CUISINE is a name and website used to promote
culinary products provided by the french Travel Agent and
Tour Operator 'FRANCE A LA CARTE'. All contracts entered
into with A LA CARTE CUISINE are in fact contracts with
the travel agent FRANCE A LA CARTE. The following provisos
refer to the terms and conditions for services performed
by FRANCE A LA CARTE.
Services provided by FRANCE A LA CARTE are limited to
the following terms and conditions. If you do not agree
with any part of the following terms and conditions, you
must not use services provided by FRANCE A LA CARTE.
Once the client has paid a down-payment or the full payment
on a product provided by FRANCE A LA CARTE then the terms
and conditions are deemed to have been read and accepted
by the client wishing to use the services provided by FRANCE
A LA CARTE, and that the client cannot depart from those
terms and conditions.
The following terms and conditions apply to all reservations
made by telephone, fax or on the Internet.
ARTICLE 1 - Purpose
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The present contract determines the rights and obligations
of FRANCE A LA CARTE and the client for the reservation
of hotel accommodations, travel package, car rental and
other services provided by all FRANCE A LA CARTE travel
agency web sites.
These terms and conditions constitute the entire agreement
between FRANCE A LA CARTE on one side and the client on
the other side. These terms and conditions outline all
rights and obligations for both parties and no other condition
can be incorporated.
FRANCE A LA CARTE will provide all contact information
on its web sites and on all correspondence.
ARTICLE 2 - Governing Law
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In compliance with FRANCE A LA CARTE's registered office
address :
FRANCE A LA CARTE S.A.R.L.
39 rue Orpellières
31200 Toulouse
France
both parties agree that this contract is subject to the
competence of the Courts of Toulouse, France
In accordance with FRANCE A LA CARTE's country of registration, terms of
business are governed by French law.
ARTICLE 3 - Services
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On all FRANCE A LA CARTE travel or accommodations booking
oriented web sites, FRANCE A LA CARTE offers the possibility
of reserving.
On all FRANCE A LA CARTE travel or accommodations booking
oriented web sites, FRANCE A LA CARTE provides information
concerning the product (hotels, packages, car rental or
other travel products) : classification, comfort, features,
level of equipment and rates.
On all FRANCE A LA CARTE travel or accommodations booking
oriented web sites, FRANCE A LA CARTE offers the possibility
for the client to select the service desired. Upon sending
a confirmation email, the reservation is fully guaranteed
by FRANCE A LA CARTE.
ARTICLE 4 -Visa/Means of Entry into France
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It is the client's responsibility to obtain a visa and
any transportation tickets. Neither FRANCE A LA CARTE,
nor the hotel will cover the expenses incurred for entry
visa and exit visa fees.
FRANCE A LA CARTE cannot be held responsible in the event
of a visa or transportation ticket application being denied.
Should a visa or transportation ticket application be denied,
the client will be debited on her/his credit card for the
applicable amount as specified in the terms of cancellation
(Article 9).
If travel is delayed due to visa and/or transportation
problems by one or more day(s) later than the arrival date
stated on the voucher and receipt, this/these night(s)
is/are due to FRANCE A LA CARTE.
ARTICLE 5 - Reservation
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If
the client clicks on the "book now" or 'instabook'
button, a new page using secure payment protocol will be
opened for the client to fill in the information necessary
to process the reservation.
If the client ticks off "I agree to the terms and conditions",
he/she can then proceed with the reservation. Accepting the terms and conditions
and clicking on the "Confirm your booking" button constitutes an
irrevocable commitment of the client to accept the reservation. The reservation
can not be disputed except by abiding to the terms of cancellation as stated
in Article 9.
Once the client has reserved and accepted the terms and
conditions, a confirmation page recapping all the reservation
details will be displayed.
ARTICLE 6- Confirmation
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FRANCE A LA CARTE confirms the reservation by email or
fax stating the reservation details, name of hotel, booking
dates, number of persons.
FRANCE A LA CARTE will confirm the reservation by sending via email a voucher.
The voucher features the name of the supplier, dates of booking, product
rate and total reservation amount.
A full payment will be required to confirm the booking. FRANCE A LA CARTE
will also add Tax & Services.
The reservation is valid when the voucher is sent by email or when the voucher
number and total amount due are given by telephone. The voucher is the official
document proving to the hotel manager that the client's stay has been paid
in full. This voucher must be signed and preseted upon arrival at the hotel
reserved.
In case of cancellation, terms of cancellation as stated
in Article 9 will apply.
ARTICLE 7 - Rates
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Prices shown on websites published by FRANCE A LA CARTE
are supplied by the suppliers and are indicated in Euros,
VAT included (does not include city tax).
The client agrees that rates shown on websites published
by FRANCE A LA CARTE may vary at the time of confirmation
due to seasonal holiday periods or specific events. FRANCE
A LA CARTE shall not be held responsible for such rate
adjustments.
ARTICLE 8 - Payment
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FRANCE A LA CARTE processes the payment for reservations;
the only payments made at the supplier are extras incurred
during the stay.
For each reservation made, FRANCE A LA CARTE will debit
the full reservation amount, and the Tax & Services.
To pay for the reservation, the client may choose between
the following credit cards: Visa, Eurocard, Mastercard,
American Express. The client making a reservation must
be entitled to use the credit card. FRANCE A LA CARTE shall
not be held responsible for payments made by persons without
such entitlement.
The hotel is paid by FRANCE A LA CARTE following payment of the reservation
by the client to FRANCE A LA CARTE.
ARTICLE 9 - Cancellation
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Penalties for cancellation will be payable to FRANCE A
LA CARTE. Suppliers affiliated with FRANCE A LA CARTE that
have accepted these terms and conditions, applicable from
1/06/2003, cannot charge the client for cancellation fees.
Each reservation confirmed by voucher requires a customer
service agent to process the reservation manually.
Cancellation
fees differ according to the supplier: hotel, appartment,
gîte or other accommodation. These fees
are clearly displayed for each product in the booking engine
under the link "terms and conditions". These
terms & conditions must be agreed to before confirming
a booking.
In the case of absence of specific cancellation fees for
a product in the booking engine, the default cancellation
fees below apply:
For
specific stated periods, cancellations are not accepted
by hotels ; for such periods, at the time of confirmation,
FRANCE A LA CARTE will notify the client that the reservation
cannot be cancelled during a specific period. Under such
circumstances, cancellations are possible at certain hotels
only more than thirty days prior to arrival date ; if the
cancellation occurs after the prescribed date, penalties
may vary between 30% and 100% of the total reservation
amount + Tax & Services.
ARTICLE 10 - No-Show
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If
a client does not show up on the day he/she is scheduled
to arrive, the full payment + Tax & Services are due
to FRANCE A LA CARTE.
ARTICLE 11 - Reservation Modification
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Any modification on the reservation is free of charge
as long as it increases the total reservation amount.
Otherwise, and if a modification occurs 10 days prior to
the arrival date, FRANCE A LA CARTE will charge a 20 Euro
administrative fee ( Tax & Services
included).
However, we cannot guarantee availability in hotels for the new requirements.
Therefore, should a modification not be possible, the client will accept
the original reservation or will be subject to terms of cancellation as described
in Article 9 if he decides to cancel the reservation.
ARTICLE 12 - "City Breaks"
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All
hotels listed by FRANCE A LA CARTE as "City Breaks" are
subject to specific conditions.
All these hotels meet specific rate conditions that permit FRANCE A LA CARTE
to offer the client a discount on the rate normally applicable at that period.
These conditions prevail over general terms and conditions for a specified
period.
At the time of confirmation, FRANCE A LA CARTE will debit
the client for the total reservation amount and the Tax
and Services as stated in Article 6.
These discounted rates do not allow the client to modify the dates of reservation
outside the discount period.
These discounted rates are not subject to terms of cancellation as stated
in Article 9. If the client cancels a reservation for a hotel in a discount
period, "City Breaks", the client cannot contest the debit on his/her
credit card by FRANCE A LA CARTE for the total reservation amount and the
Tax and Services. This condition also applies in case of a no-show as stated
in Article 10.
ARTICLE 13 - Stop Payment on credit card
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All correspondence between FRANCE A LA CARTE and its websites
and the clients is kept at the FRANCE A LA CARTE reservation
processing center. It will be used as evidence in case
of disputes, for reservations and payments.
FRANCE A LA CARTE will file law suits and ask for compensation for unjustified
stop payment on a credit card. If a stop payment is unjustified, invoices
will be due, in accordance with the terms and conditions of FRANCE A LA CARTE.
ARTICLE 14 - Legal Notice
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FRANCE A LA CARTE is a trade name owned by :
FRANCE A LA CARTE S.A.R.L.
6 Place St Sernin
31000 Toulouse
France
The FRANCE A LA CARTE company is a registered travel agent
bonded by the APS.
ARTICLE 15 - Disputes
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FRANCE A LA CARTE shall not be held responsible for disputes arising at the
hotel regarding the greeting, level of comfort, rates, availability, quality
of the product and services.
Should a hotel fail to honor a reservation after it had
been confirmed, the hotel will be obliged to find alternative
accommodations for the client and to support the expenses
incurred. FRANCE A LA CARTE cannot be held responsible
for any reservation accepted by the hotel, confirmed to
the client and not honored by the hotel.
All texts visible on the sites and the terms and conditions
are originally written in French.
Only texts in French will be referred to should there be contesting from
the client. Any legal procedure will have to be based on the French texts.
FRANCE A LA CARTE acknowledges that the Terms and Conditions in English and
Spanish or any other language are only translations from the original French
texts.
Both
parties agree that the sole jurisdiction competent to
handle any dispute arising from the present contract
is the Tribunal de Commerce de Toulouse, France. All legal
costs will be paid by the party filing the law suit.