Legal notice

1. General terms and conditions of online sales, access and use of the Service offered by the Company applicable in relations with the Client (hereinafter referred to as "GTCSAU")

2. Scope of GTCSAU

3. The service offered by the Company consists of a treasure hunt on a non electric scooter in the heart of Paris, allowing Users to discover or rediscover the capital in an educative and entertaining way, using scooters and booklets (hereinafter referred to as "Service ").

4. The scope of the GTCSAU is to define the terms and conditions for the online sale, access and use of the Service by Users who are natural persons and Consumers (hereinafter referred to as "Users" or "User") under the conditions outlined below, as well as to define the rights and obligations of the parties in this context. 

5. GTCSAU are applicable exclusively to the online sale of the Service by the Company on the Website, access to which is free of charge and to which any Internet user may have access, as well as to access and use of the above-mentioned Service. The GTCSAU are applicable to the www.frompariswithfun.com Website as well as to any variation or extension of the Website on existing or future social and/or community networks (hereinafter referred to as "Website "). 

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1. Scope of application of GTCSAU

2. GTCSAU exclusively concern the online sales contracts of the Service offered by the Company to buyers who are consumers (hereinafter referred to as the "Consumer(s) " or the "Purchaser(s)") and, together with the online order and the emails exchanged by the parties, constitute contractual documents enforceable against the parties, to the exclusion of any other documents, leaflets, catalogues or photographs of the Itineraries proposed by the Seller or the Equipment made available to Users (scooters and booklets) which have only an indicative value.

3. GTCSAU are written, as well as all the contractual information mentioned on the Website, in French and English. In the event of a contradiction or disagreement on the meaning of a term or stipulation between the French and English versions of the GTCSAU, the French version of the GTCSAU shall take precedence over the translated version and the language of interpretation shall be the French language.

4. Availability and opposability of GTCSAU

5. GTCSAU are made available to Users, accessible and printable at any time, by a direct link at the bottom of the home page of the Website where they can be directly consulted and can also be communicated to Users, upon their request, by e-mail.

6. GTCSAU may be supplemented, where applicable, by specific conditions of sale, access and use of the Service. In case of contradiction, the particular conditions prevail on the GTCSAU.

7. GTCSAU are opposable to Users who acknowledge, by checking a box provided for this purpose, that they have read and accepted them before ordering.

8. The User who does not agree to be bound by these Terms and Conditions shall not use the Service.

9. The validation of the order by its confirmation constitutes the User's acceptance of the GTCSAU in force on the day of the order, the conservation and reproduction of which are ensured by the Company in accordance with article 1127-2 of the French Civil Code.

10. Modification of GTCSAU

11. The Company reserves the right to modify its GTCSAU at any time.

12. In the event of a modification of the GTCSAU, the applicable GTCSAU are those in force on the date of the order, a copy of which, dated to date, may be provided to the Purchaser at his request.

 

1. GTCSAU clauses

2. The invalidity of a contractual clause does not affect the validity of the GTCSAU as a whole. 

 

1. The temporary or permanent non-application of one or more clauses of the GTCSAU by the Company shall not constitute a waiver by the Company of the other clauses of the GTCSAU which remain in force.

 

1. Definitions

2. Buyer : refers to The Client who has subscribed to a treasure hunt tour on a non-electric scooter on the Website

3. Client : refers to the natural person Client who has subscribed to a treasure hunt tour on a non-electric scooter on the Website 

4. Duration of Use : refers to the time during which the User takes possession of the Equipment made available by the Company, including when it exceeds the Authorized Continued Use Period 

5. Authorized Continuous Use Period : refers to the maximum time allowed by the Company to the User to complete the chosen Itinerary, i.e. 3 hours for the Tour Paris along the Seine and 3 hours 15 minutes for the Tour Paris over time, and for which any excess will result in a delay penalty being charged

6. From Paris With Fun : refers to the simplified joint-stock company FROM PARIS WITH FUN, with a capital of 1,000 euros, whose administrative headquarters is located at 9, rue Parrot, 75012, Paris and registered in the Paris Trade and Companies Register under the number 848 781 530, represented by Mrs. Marion Briançon as President

7. Equipment : refers to all the items made available to each User by the Company From Paris With Fun for the purpose of completing the Tours, namely a scooter, a booklet, a helmet, elbows and knees protections

8. Itinerary(ies) : refers to the two scooter tours, individually or together, proposed by the Company FROM PARIS WITH FUN: Tour Paris along the Seine and Tour Paris through the Ages, and for which the Company provides for each of the Users the Equipment 

9. Offer : refers to the service offered by the Company FROM PARIS WITH FUN on its Site and which consists of a scooter treasure hunt in the heart of Paris, allowing Users to discover or rediscover the capital in an educative and entertaining way, using scooters and booklets.

10. Website : refers to the Website made available by the Company FROM PARIS WITH FUN and accessible at www.frompariswithfun.com 

11. Company : refers to the Company FROM PARIS WITH FUN, with a capital of 1,000 euros, whose administrative headquarters is located at 9 rue Parrot 75012 Paris and registered in Paris under Companies number 848 781 530, represented by Mrs Marion Briançon as its President

12. Buyer : refers to The Client who has subscribed to a scooter hunting trip on the Website

13. Seller : refers to the Company FROM PARIS WITH FUN, with a capital of 1,000 euros, whose administrative headquarters is located at 9 rue Parrot 75012 Paris and registered in Paris under Companies number 848 781 530, represented by Mrs Marion Briançon as its President

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1. Description of the Offer

 

1. Characteristics 

2. The Offer for sale and presented in the catalogue published on the Website is subject to a description mentioning its essential characteristics within the meaning of Article L. 111-1 of The Client Code.

3. The Offer includes the provision of scooters, booklets, a helmet, as well as protective elbows and knees protections to Users (hereafter referred to as "Equipment ").

The photographs illustrating the Offer and the Equipment do not constitute a contractual document.

1. Compliance

2. In accordance with Article L. 411-1 of the French Consumer Code, the offer is in accordance with the regulation related to the safety and health of persons, the fairness of commercial transactions and customer protection at the time it is placed on the market.

3. Availability of the Itineraries proposed as part of the Offer

4. The two Itineraries proposed as part of the Offer include two distinct itineraries, each of which is proposed on specific dates defined in the "Booking" calendar tab on the Website. Each Itinerary is limited to a minimum and maximum number of participants, i.e. from four (4) to ten (10) participants per tour. 

5. If the Itinerary requested by the Purchaser is unavailable on the chosen date, the latter can immediately notice it on the Website because it is impossible for him to book a tour on the chosen date. The Purchaser must then choose another proposed and available date for sale and register on it according to the terms set out in Article V, Clause 5.02 of these Terms and Conditions. 

 

1. Website and Service Access Terms and Conditions

 

1. Legal access rights

2. Website and Offer are accessible:

3. to any natural person with full legal capacity to commit to these terms and conditions. A natural person who does not have full legal capacity may only access the Website and the Offers with the consent of his/her legal representative;

4. to any legal person acting through a natural person who has the legal capacity to contract on behalf of and for the account of the legal person. 

5. Service Subscription

6. In order to subscribe and use the Service, the User is invited to register on the Website by providing his or her email address.

7. To place an order, The Client, after selecting the Itinerary and the date on the calendar available in the "Booking" tab on the Website, clicks on the "Order" button and provides his or her email address, the quantity chosen and information relating to the payment method (credit cards).

8. Before clicking on the "Confirm Order" button, The Client has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his or her order.

9. The Client must accept the present GTCSAU by ticking the relevant box and, in particular, authorise the Company to debit up to one hundred and fifty-five (155) euros for the Security Deposit, the terms of which are specified in Article IX, Clause 9.04. The confirmation of the order implies acceptance of the GTCSAU and establishes the contract.

10. An automatic email is then received by the Seller informing him or her of the order placed by The Client, and specifying The Client's email address. The Seller then sends an email to The Client as soon as possible acknowledging receipt of the order and the date and Itinerary chosen.

11. As an exception to registration on the Website and providing the email address, the User may use the Service and book an Itinerary by telephone with the Company at the number indicated at the top of these Terms and Conditions.

12. In this case, the Seller informs The Client of the existence of the GTCSAU on the Website and invites him or her to confirm his or her acceptance of the GTCSAU by any written means. 

 

1. Offer and Acceptance

 

1. Duration

 

1. The online sales offers presented on the Website are valid, unless otherwise specified, as long as the Itineraries are listed in the electronic catalogue and within the limits of the availability of the Itineraries as specified in Article IV, Clause 4.03.

2. Acceptance

3. Acceptance of the offer by The Client is validated, in accordance with the double-click procedure, by confirming the order.

 

1. Command

 

1. Order modification

2. Any modification of the order by The Client after confirmation of his order is subject to acceptance by the Seller.

3. Order confirmation

4. The Seller reserves the right to refuse any order for legitimate reasons.

 

1. Contract

 

1. Conclusion

The contract is established at the time The Client sends the confirmation of his order.

1. Data storage and supporting evidence

2. The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy. These communications, orders and invoices can be produced as proof of the contract.

 

1. Cancellation

2. The Seller reserves the right to cancel the tours ordered in the event of bad weather (rain, hail, storm, snow, ice, etc.) or the organisation by the City of Paris of any public event (including cultural, sporting (Olympic Games for example), political, or any other event affecting traffic on the Itinerary, by informing The Client by any useful means half a day before the beginning of the tour, without possible objection by The Client.

3. In such a case, the Seller's liability cannot be questioned in any way, and the Seller will propose to the Buyer to postpone his order and the chosen tour at a later date. In case of refusal of the deferral by the Purchaser, the latter will obtain the full refund of his order, and the Security Deposit paid under Article IX, Clause 9.04, via the company Stripe in the same way as the payment made by the Buyer.

4. The Seller grants the Buyer the opportunity to cancel his order free of charge for any reason whatsoever, by informing the Seller by any useful means subject to confirmation in paper or electronic form, up to seventy-two (72) hours before the start of the chosen tour.

5. In such a case, the Buyer's liability cannot be questioned in any way, and the Purchaser will obtain the full refund of his order, and the Security Deposit paid under Article IX, Clause 9.04, via the company Stripe according to the same terms as the payment made by the Buyer.

6. Resolution

7. The order can be resolved by the Seller in case The Client does not show up at the starting point of the Course at the date and time chosen when ordering. 

8. In such a case, and after a reminder from The Client, by telephone, e-mail, or any other means useful to the Seller's free discretion, which would remain without effect within fifteen (15) minutes following the reminder, the order may be cancelled by the Seller. And the Seller shall be entitled to claim from The Client an amount equal to what the Seller would have received if The Client had been executed, plus ten (10) per cent, as liquidated damages. 

9. In such a case, if the Seller's reminder to The Client is successful within the aforementioned fifteen (15) minutes, The Client who arrives at the starting point of the Tour shall be automatically and without possible objection by him/her the late payment penalty of ten (10) euros per person provided for in Article IX, Clause 9.01. 

 

1. Service pricing conditions

 

1. Service Pricing

2. The prices and conditions of sale, in accordance with Article L. 112-1 of The Client Code, are indicated by any appropriate procedure and, for each of the tours appearing in the electronic catalogue, in euros, all taxes included.

3. The total amount due by The Client is indicated on the order confirmation page.

4. The sale price of the Service is the one in force on the day of the order.

5. The User pays the price for the use of the Service in proportion to the Authorized Continued Use Time.

6. The sale price of the Service does not include the price of use of the Service beyond the Authorized Continuous Use Period. Beyond the Authorized Continued Use Period, the Company reserves the right to charge, in addition to the price, the amount corresponding to the late payment penalty on the Guarantee Deposit paid pursuant to Article IX, Clause 9.04 hereof.

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1. The pricing conditions for the Service are as follows: 

 

• ​Basic price : 25€TTC/pers

• Montmartre : 30€TTC/pers

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1. Late payment penalty

2. 10 € / pers. and per hour of delay

3. 10 € / pers. and per hour of delay

4. Tour Paris along the Seine is scheduled to last 2h30 with a 30-minute safety delay. Beyond the 3-hour period to complete the tour, the User will be charged the aforementioned delay penalty.

5. Tour Paris through the Ages is scheduled to last 2h30 with a 45-minute safety delay. Beyond 3h15 to complete the tour, the User will be charged the aforementioned delay penalty.

6. In the event of a price promotion, the Seller undertakes to apply the promotional price to any order placed during the period of the advertising made for the promotion.

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1. Modification

 

1. The Seller reserves the right to modify its pricing policy at any time, while guaranteeing The Client the application of the price in effect on the day of the order.

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1. Fees

Any other possible and additional fees incurred by the Seller, which The Client may have become aware of before the order is placed, are indicated on the order form.

Fees that cannot reasonably be calculated in advance are due.

The 

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Article L.112-3 of the French Consumer Code states that:

1. "I. - When the price cannot be reasonably calculated in advance due to the nature of the good or service, the trader provides the method of calculating the price and, if applicable, any additional costs of transportation, delivery or postage and any other charges.  Where the additional costs cannot reasonably be calculated in advance, the professional mentions that they may be payable".

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1. Security Deposit

2. When subscribing to the Service, the User is informed that when registering his or her credit card, the Company, via his or her payment service provider, makes a print of his or her credit card for a subscription on the Website, which authorises the Company to withdraw all or part of the Security Deposit, in the event of breaches indicated in Article XIII and is subject to penalties.

3. To this end, the User enters his or her valid credit card identifiers on the screens of the Website form (card number, validity period, cryptogram) or can choose direct debit and enter a SEPA direct debit authorisation including his or her RIB/IBAN number.

4. The amount of the Security Deposit is one hundred and fifty (150) euros per person for scooters and five (5) euros per person for booklets, for a total amount of one hundred and fifty-five (155) euros for each User.

5. If the Security Deposit is not established, the User cannot finalise his or her order and access the Service.

6. The Company reserves the right to withdraw the Security Deposit in its entirety or in part, in particular in the cases indicated in Article XIII, which the User expressly acknowledges and accepts. 

7. The Company uses the services of Stripe, a company specialised in secure, online payments made by credit card. Payments are made via a secure and certified payment interface. Stripe is committed to maintaining this or any equivalent certification, and is responsible for the security of the data of the credit card owners it collects.

 

1. Payment

 

1. Eligibility for payment 

2. The price is due in full after confirmation of the order.

3. Payment is made online directly on the Seller's Website and in accordance with the payment method (credit cards) chosen by The Client when ordering.

4. Additional payment

5. Article L.121-17 of the French Consumer Code stipulates that: "Prior to the conclusion of a contract of sale or provision of services, the professional shall ensure the express consent of The Client for any additional payment coming from add to the price of the main object of the contract.  

6. In the event that the additional payment is the result of a customer's consent given by default, i.e. in the absence of an express opposition on his or her part to paying options that he or she has not requested, The Client may claim a refund of the sums paid in respect of this additional payment '.

7. Payment security

8. The Website has a secure online payment system that allows Customers to encrypt the transmission of their banking data.

 

1. Location and delivery of the Equipment

 

1. Definition 

2. The location where the Equipment is to be collected and lent is the starting point of the Itinerary indicated on the Website and in the confirmation email sent by the Seller after the order, namely:

3. Tour Paris along the Seine : Near bus station n°69 in front of the mini Arc de Triomphe. Metro line 1 or 7, Palais Royal Musée du Louvre station.

4. Tour Paris through the Ages: At the corner of Place du Panthéon and rue Soufflot. Train RER B, Luxembourg station. 

5. The location where the Equipment is delivered refers to the arrival point of the Itinerary indicated on the Website and in the confirmation email sent by the Seller after the order, namely:

6. Tour Paris along the Seine : In front of the Eiffel Tower, Avenue Joseph Bouvard, near the Bassins du Champ de Mars. 

7. Tour Paris through the Ages : Place Colette, in front of the Comédie Française near the Kiosque des noctambules.

8. Appointed time and transport to the meeting point

9. The Client commits to arrive at the starting point of the Itinerary at the indicated time and by his or her own means. 

10. No transfer of ownership 

11. The provision of the Equipment to The Client throughout the duration of the Tour does not transfer ownership of the Equipment to The Client. 

12. Equipment Risk Transfer

13. All risks of loss or damage to the Equipment made available to The Client by the Seller are transferred to The Client at the time of physical possession of the property, and until its return to the Seller at the end of the Tour at the arrival point.

14. The parties agree that the Equipment shall be hand-delivered.

 

1. User's Responsibilities

 

1. Terms of use of the Equipment

2. The User agrees to a proper use of the Service and the Equipment made available to him/her. The User agrees to use the Service and the Equipment in a safe, responsible and informed manner, in compliance with these GTCSAU and the French Highway Code.

3. As such, the User agrees to use the Service and the Equipment in person. Any loan, sublease, and more generally any use of the Equipment by a non-designated participant is strictly prohibited and is likely to engage the responsibility of the User.

4. In the event that a participant is minor, the User undertakes to have the authorisation of the parents or guardians for the use of the Equipment by the said minor participants.

5. Throughout the entire Tour, including from the rental of the Equipment by the Company at the meeting point of the Tour until its handover or return or hand-delivery at the arrival point, the User assumes the entire responsibility for the Equipment, and must avoid any damage, disappearance or destruction, under penalty of the Company applying Article IX, Clause 9.04 concerning the total or partial withdrawal of the Security Deposit. The User agrees in advance that any failure to do so will entitle the Company to charge a fixed penalty as set forth in Article IX, Clause 9.04 and Article XIII hereof. 

6. The User also undertakes to return the Equipment within the period of the Authorized Continued Use Period. If he/she fails to do so, he/she will be subject to a penalty for delay stipulated in Article IX, Clause 9.01.

7. The Equipment is made available by the Company at the specified location. 

8. The return of the Equipment in its entirety shall terminate the leasing. The return of the Equipment in a different location from the one specified may only be made with the Company's express consent. In this case, all expenses incurred by the Company to bring back the Equipment to the location specified in the contract will be charged to the Client.

9. In case of loss, theft or any problem related to the Equipment, the User agrees to report it as soon as possible to the Company. 

10. If an irregularity is found regarding the provisions of these GTCSAU, the User agrees to return the Equipment at the first request of the Company or its representatives.

11. User's responsibility and claims

12. The User declares to be able to use the Equipment, to have the physical level of fitness for this purpose, not to have a medical contra-indications or any order to its use. 

13. The User declares to have read the "Scooter's Code of Conduct" ; provided in Appendix 1 and undertakes to refer to it for any use of the Equipment.  

14. Insurance

15. The User is solely and entirely liable for any damage caused by the use of the Equipment that he has in his possession during the entire Use Period, including when this exceeds the Authorized Continued Use Period in case of late return by the User.

16. The User makes a commitment and must be covered by a civil liability insurance which guarantees the consequences of his use of the Equipment and also has to sign a private insurance against accidents or falls during the tour.

17. Similarly, the Company has subscribed to a professional liability insurance to cover any damage caused to the Equipment or by the Equipment to a User. 

 

1. Penalties

2. The Security Deposit provided for in Article IX, Clause 9.04 paid by the User when subscribing to the Service may be used by the Company to collect any amount due as a penalty in the event of a breach by the User within the framework of the Service use. 

3. Nature of the shortcoming and amount of penalties related are as follows:

4. Equipment theft involving violence suffered by the User: 35 euros ;

5. loss and Disappearance of Equipment, accident : 155 euros;

6. Equipment damages: 100 euros;

7. Damage to safety and security equipment: € 15 for the helmet, € 15 for other equipment;

8. Loss of the booklet: 15 euros.

 

1. Disclaimer of liability

2. As the Seller does not accompany the Users on the Itineraries, his/her responsibility cannot be held liable in any way for any incident or accident occurring during the completion of the tour.

3. The Seller may not be held liable if the non-performance, improper performance, or delay in performance of one of its obligations described in these GTCSAU results either from the Buyer's fault, or from the insurmountable and unforeseeable fault of a third party, or as a result of an event beyond the control of the Buyer.

4. As such, force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing his or her obligation.

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1. Termination clause

2. The termination of the order in the cases specified in these GTCSAU in Article VIII, Clause 8.04 shall be declared by simple registered letter with acknowledgement of receipt and shall be automatically acquired without legal formality.

 

1. No right of withdrawal and cancellation policy

2. In accordance with Article L.221-5 of the French Consumer Code: "Prior to the conclusion of a contract of sale or supply of services, the trader communicates to The Client, in a readable and understandable manner, the following information: ...] 5° Where the right of withdrawal cannot be exercised in accordance to Article L. 221-28, information that The Client does not benefit from this right or, where applicable, the circumstances in which The Client loses his or her right to withdraw from the contract ".

3. Article L.221-28 of the French Consumer Code provides that: "The right of withdrawal cannot be exercised for contracts: [...] 12 ° Recreational services [...] services that must be provided at a specified date or period.

4. Under the terms of articles L.221-5 and L.221-28 of the French Consumer Code, the Buyer does not benefit from the right of withdrawal of fourteen (14) days from the day after the date of the order.

5. As an exception to articles L.221-5 and L.221-28 of the French Consumer Code, the Seller grants the Buyer the possibility to cancel his order free of charge under the conditions set out in Article VIII, Clause 8.03 hereof.

 

1. Intellectual Property

 

1. The elements reproduced on the Site, including photographs, visuals, texts, drawings and images are the exclusive property of the publisher, are protected by copyright, trademark law and patent law.

2. Any reproduction or dissemination of these elements without prior written permission of the publisher, exposes violators to prosecution.

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1. Personal data processing

2. The computerised processing of the personal data collected is mainly used to manage orders. If there is no answer, your order will not be processed.  

3. In accordance with French National Commission for Information Technology and Civil Liberties, you have the right to access, rectify and, subject to the legal provisions applicable to the matter, delete data that concerns you, the responsible person for data processing is Mrs Marion Briançon whose email address is frompariswithfun@gmail.com .  

4. If you have previously accepted it, you may receive emails or marketing SMS from SASU FROM PARIS WITH FUN from which you can unsubscribe, for emails, by clicking on the unsubscribe link at the bottom of each email received and for SMS by clicking on STOP in each SMS received.

 

1. It is also specified that clients who do not wish to be the subject of commercial prospecting by telephone may register free of charge on the Bloctel opposition list on the bloctel.gouv.fr website.

 

1. If you do not want your personal data to be reused for commercial purposes, please inform the service responsible for the processing.

2. If you do not wish your data to be transmitted to third parties, please inform the service responsible for the processing.

3. The collection of personal data, their use under the order processing and customer file creation and dissemination to third parties responsible for the implementation and payment of orders is subject to the consent of the person concerned.

4. The processing of personal data, which is stored by the publisher for the sole purposes of the proper administration of orders and trade relations, is the subject of a declaration to the French National Commission and Freedoms.

5. The Client has at any time the right to access, modify, rectify, and delete the personal data concerned.

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Mediation​

1. Prior claim

2. In case of dispute, The Client must first contact the customer service of the company at +33 (0) 6.30.11.57.16, Monday to Friday except holiday or non-working, from 9am to 6pm or by email (fromspariswithfun @ gmail. com) or post office (9 rue Parrot 75012 Paris).

3. Mediation request

4. In the event of failure of the claim request to the customer service or in the absence of a response from this service within two (2) months, The Client may submit the dispute relating to the purchase order or these GTCSAU opposing him to the Seller to the Centre de Médiation et d'Arbitrage de Paris, located at 39 avenue Franklin D. Roosevelt 75008 Paris, cmap@cmap.fr, www.cmap.fr which will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.

5. To submit a mediation request, The Client has a claim form available on the mediator's website. 

6. The parties to the contract remain free to accept or refuse the use of mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.

 

1. Competent court of jurisdiction

2. In the absence of an amicable agreement, any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract as well as on all documents related to this contract may be referred to the court.

3. The competent court will be that of the defendant's place of residence (Article 42 of the French Code of Civil Procedure) or that of the place of performance of the service (Article 46 of the French Code of Civil Procedure).

 

1. Applicable Law

2. This contract and its GTCSAU are subject, for their validity, interpretation and execution to French law.