The company COLORBÜS, hereinafter referred to as “the Company”, a Société par Actions Simplifiée (simplified joint stock company) with capital of 100,000 euros, whose registered office is located at 86 Quai du Port 13002 Marseille, France, registered in the Marseille Trade and Companies Register under number 449 047 943 and intra-Community VAT number: FR81449047943.
Terms beginning with a capital letter in these General Terms and Conditions of Sale, whether used in the singular or in the plural, shall have the meaning given to them below:
“Agency” : means the Company’s physical point of sale where Tickets can be purchased, information obtained, supporting documents deposited, etc. “Agency”: means the Company’s physical point of sale where Tickets can be purchased, information obtained, supporting documents deposited, etc.
“Fine”: refers to a penalty consisting of the payment of a sum of money for the violation of certain legal rules.
“Ticket”, “Pass” or “Voucher”: means the individual or family transport ticket associated with an Offer proposed by the Company provided on paper or electronic media on which the Customer’s name and surname, the Offer ordered, the date and time of departure of the bus or the number of consecutive days during which the Offer may be used and the instructions for using the Offer appear.
“Route” or “Line”: means a bus or minibus route predefined by the Company in its entirety i.e. from the first station of origin to its terminus.
“Customer”, “User” or “Passenger”: means a natural person of legal age who has the capacity to contract or who is a minor who has previously obtained authorisation from his/her parents or the person invested with parental authority, and who has browsed the Site for his/her own needs, as part of a strictly personal and non-commercial use, without any direct or indirect profit-making purpose.
“Order”: refers to the act by which the Passenger has chosen one of the Offers proposed to them on the Site.
“General Sales Conditions” or “GSC”: refers to the present contractual conditions proposed by the Company on the Site which govern the Offer. Their prior and unreserved acceptance by the Customer(s) conditions the acceptance of the Order and the issue of the Ticket.
“Personal Data”: means any information relating to an identified or identifiable natural person (hereinafter referred to as the “Data Subject”); an “identifiable natural person” is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
“Combo Ticket Discovery Marseille Tour + Mucem”: ticket also including an admission ticket for the exhibitions at the Mucem.
“Combo Ticket Discovery Marseille Tour + OM Stadium Tour”: ticket also including an entry ticket for the visit to the Orange Vélodrome.
“Combo Ticket Discovery Marseille Tour – Between Land and Sea”: ticket also including a ticket for a boat tour.
“Services” or “Services”: means the main transport service(s) underwritten by the Company under the Contract.
“Ancillary Services”: means the service(s) complementary and ancillary to the Services.
“Site”: refers to the website accessible at https://www.colorbus.fr/en/
These General Terms and Conditions of Sale apply to all transport services offered by the Company in the context of distance selling of Tickets, via the Site or in the Agency, namely a sightseeing tour of Marseille by panoramic bus and minibus.
In particular, the Customer can select the following Offers:
The Customer acknowledges that he/she has read these General Terms and Conditions of Sale no later than at the time of final confirmation of his/her Order and expressly declares that he/she accepts them unreservedly. The Company reserves the right to modify or adapt these GTC at any time. In the event of modification, only the GTC in force on the date of the Customer’s Order will apply.
The Customer is financially responsible for the use of the Site both in his own name and on behalf of third parties, including minors, unless he can demonstrate fraudulent use resulting from no fault or negligence on his part. The Customer also guarantees the truthfulness and accuracy of the information provided by him/herself or any other third party using his/her data on the Site.
Fraudulent use of the Site or use that contravenes these GTCs may result in the Company refusing to sell Tickets at any time.
After visiting the Site, the User may purchase the Tickets mentioned in the “Our Tours” section and the “Combined Tickets” section. The Order is placed in the following stages:
Customers are advised to keep and/or print out this electronic message as it constitutes proof of payment for their Order.
The payer must be a natural person of full age or an emancipated minor (proof must be provided).
All communications relating to payment are addressed to the payer. The Customer may pay by credit card.
When payment is made by secure electronic payment card, via the STRIPE system, which ensures the reliability of transactions carried out on the Site.
In accordance with article L 133-8 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing their payment card details, Users authorise the Company to debit their payment card for the amount corresponding to the price inclusive of tax. To this end, the User confirms that he is the holder of the card to be debited and communicates the sixteen digits and the expiry date as well as, where applicable, the visual cryptogram numbers.
STRIPE encrypts all the personal banking data essential for registering the User’s request, at the time it is entered. Under no circumstances does the Company have access to the User’s bank details.
The transaction is carried out by the User in accordance with banking security standards. Thanks to the encryption system, the bank details (payment card number and expiry date) communicated by the User to STRIPE cannot be intercepted by a third party.
For any payment by bank card on the Site, the electronic certificate issued by the remote payment manager will be considered as proof of the amount and date of the transaction, as well as the electronic archiving resources set up by the Company. In this respect, the dates and times of the server will be taken as proof between the parties.
The prices shown on the Site are indicated in Euros, inclusive of all taxes.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be passed on to the selling price of the Tickets on the Site.
However, a price cannot be changed once your Order has been validated.
The Tickets are delivered to the electronic address indicated by the Customer on his/her Order.
If delivery of the Tickets is made impossible due to an error or omission by the Customer in entering his/her contact details, the Company may not be held liable.
In the event of a delay, the Company may not be held liable for any reason whatsoever, the delivery times mentioned being indicative; it is however specified that the delivery time may not exceed thirty days.
The holder of a Ticket must systematically validate it in the Agency, with reception staff or bus drivers before each journey when boarding a vehicle. If the Ticket is not validated, the Customer will be required to pay a flat-rate compensation in accordance with the regulations applicable to public passenger transport services.
If the individual is unable to show his/her Ticket, he/she will not be able to board the vehicle chartered to provide the service.
Tickets may be changed free of charge up to 24 hours before the date of the package initially chosen.
In the event of a change to the date chosen for the Tour, the Customer must send a request to Customer Services specifying the new date on which they wish to take the Tour.
To add an accompanying person (adult, child or baby) to the initial Ticket, the Customer must purchase an additional Ticket.
• Tickets may be cancelled and refunded free of charge up to 48 hours before the date of the chosen package.
• Between 24 hours and 48 hours before the date of the Event, a partial refund may be made. You will be billed for the administrative costs of issuing Tickets.
• After this time, Tickets will be non-refundable.
The Customer must contact customer services for all cancellation, exchange and refund requests via the email address shown on the Ticket.
Attraction services are sold by Colorbüs’ Partners.
They are governed by the General Terms and Conditions of Sale of the Partner concerned, which must be accepted before the Order is placed. All these Conditions relating to the supply of Services are accessible at the time of your Order, on the partner’s website. These Terms and Conditions constitute the entire contractual terms and conditions applicable to the performance of the Service and must be read carefully and in their entirety and accepted before any Order is placed.
The Customer is responsible for checking the conformity of the Tickets delivered, as soon as they are received.
Any complaint about the non-conformity of the Tickets delivered must be reported by the Customer, within three working days from the date of receipt, to the customer service department via the email address shown on the Ticket.
The Company undertakes to deal with any claim within 15 days of receipt of the request.
If no complaint is made within the aforementioned period, no complaint will be accepted, and the Tickets delivered will be deemed to be in conformity and accepted by the Customer.
No Ticket may be exchanged, cancelled or refunded if its validity has expired.
In the event of total or partial non-execution of an Order attributable to the Company, the Company’s liability shall be strictly limited to the amount of the non-executed Order and shall not give rise to any additional compensation.
You are hereby informed that, pursuant to articles L. 221-2 and L. 221-28 of the French Consumer Code, all of the Services offered on the Site are not subject to the right of withdrawal provided for in articles L. 221-18 et seq. of the French Consumer Code concerning distance selling.
The Company may not be held liable if the performance or improper performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party unrelated to the provision of the service, or to a case of force majeure and more generally in the following cases preventing the performance of the contract under normal and expected conditions: breakdown or malfunction of IT and/or telecommunications networks preventing the availability of online services.
Ownership of the Tickets ordered is not transferred to the Customer until full payment of the invoiced price has been made.
In order to provide its service, the Company collects personal data about the Customer. The Data is collected on the Site. Information on how your personal data is processed is available in our Privacy policy published on the Site.
The applicable GTC are those in force on the date of connection to and use of the Site by the User.
The Company reserves the right to modify, at any time, all or part of the provisions of the GTC without prior notice or information to Users, in order to adapt them to changes in the Services, to technical, legal or jurisprudential developments or when new services are introduced.
Any changes made by the Company to the Terms and Conditions of Sale will be brought to the attention of Users simply by placing them online. They are deemed to have been accepted without reservation by any User who accesses the Site after they have been posted online.
The Company therefore invites all Users to consult the GTC regularly. Any new Service incorporating new techniques or new features that improve the quality of existing Services will also be subject to these GTC, unless expressly provided otherwise.
These general terms and conditions of sale are written in French. If they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Any dispute relating to their interpretation and/or performance shall be referred to the French courts.
Customers are informed of the possibility of referring to the Mediation officer, when they subscribe to a service provided on French territory, in the event that after sending a written complaint by post to the Company’s head office or electronically via the Website, the Customer is not satisfied with the response or has not received a response within one month.
This referral may be made within one year of the written complaint made to the Company or, in the case of infringements, within two months of the date of the infringement. At the end of this two-month period, the official reports are sent to the Treasury.
You can contact the Mediation officer online or by post at the address below, explaining the situation as clearly as possible and providing supporting documents.
In the event of a penalty notice being issued, the User must be careful to specify the circumstances and the points to which the complaint relates.
By post:
MTV Médiation Tourisme Voyage
BP 80 303 – 75 823 Paris Cedex 17
http://www.mtv.travel/je-saisis-le-mediateur/
