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The services on the Internet Site : « www.gate4tours.com» is offered by the company GATE4TOURS, a SAS limited company under French law, registered in the database of undertakings number 849 758 560 RCS Nice whose head office is established at 3530 Route de NICE, 06790 Aspremont France.
GATE4TOURS holds a Domestic Operating License and Transportation registered: VD939810048 TPRP and holder of the Certificate of Registration in the Operator Touring Car with driver No: 006 140 236 EVTC
RC MAAF Insurance contract N° 06335977B
GATE4TOURS offers transportation services, in particular:
- Transfers From Nice Airport to all destinations in 8 seats vans and 15 seats maxi-vans
- Chauffeur driven car
- Sightseeing Tours in 8 seats vans and 15 seats maxi-vans with a driver guide or large buses with a guide
- Walking tours with guide
- Guide interpreter with groups in buses
(hereinafter the “Transport Services”)
1. Definitions and range of application
1.1. Definitions
« Order » means every purchase of Services executed and validated by the User on « Gate4tours.com ».
« Specific Conditions » mean conditions relating to the supply of the Services still accessible at the time of placing the Order.
« User » means every person using the Site « Gate4tours.com » for reservation and/or ordering Transport Services.
1.2. Range of application
The underlying general sales conditions (hereafter « General Conditions ») are applicable to all Orders executed on the Site « Gate4tours.com ».
The underlying General Conditions are valid from 01 February 2019.
The Users of this website are invited to carefully read these general terms and conditions. The Users are advised to print them and keep a copy.
The use of the Site of Gate4tours.com implies full and unequivocal acceptance of the underlying general terms and conditions.
The placing of Orders is only reserved to Users who have read and agreed to all the General Conditions by clicking the appropriate button.
The Users are strongly advised to reread the underlying general terms and conditions every time they visit the web site as Gate4tours.com reserves the right to modify the conditions at any time and without prior notice. These modifications are not valid for reservations previously made and confirmed by Gate4tours.com according to the conditions provided in article 3.
2. Use of the Site
The Site is meant to assist the Users with finding Transport or sightseeing Services hours and/or prices in the country concerned, and to make possible, if appropriate, the reservation of the required tours or transfers.
To place an Order, the User must be an adult and legally capable of making a contract.
The User is financially responsible for the use of the Site both in his/her own name and on his/her own account as on the account of third parties, including minors, except in case of fraudulent use which is not the result of his/her own fault or negligence. The User guarantees the truthfulness and accuracy of the information provided by him or any other person using his details on the Site.
A fraudulent use of the Site, or an infringement of the General Conditions, may at any moment cause denial of access by Gate4tours.com to the Services provided on the Site.
3. The Order
3.1 Placing an Order
The procedure for placing an Order is as follows:
1) The User gives the appropriate details (place of departure, place of arrival, date, time, number of passengers, etc.), needed to complete the order;
2) The User selects the desired product(s);
3) A more detailed presentation of the product(s) and price(s) allows the User to verify the details of his/her Order;
4) The User selects his/her personal details (identity, electronic or postal address as appropriate);
5) The User verifies that all the information displayed is in accordance with his/her instructions (date, time, place of departure and destination of the Transportation Service, delivery Email address, price, identity, itinerary of the sightseeing tour etc.);
6) The User selects his/her bank details (card details, date of validity and security code);
7) The User validates his/her Order after accepting the General conditions or, if appropriate, the applicable Specific Conditions.
The User may, at any time before validating his/her Order, check and correct his/her instructions.
3.2 Confirmation of the Order
Gate4tours.com acknowledges receipt of the Order to the User by e-mail within 2 days following the Order. This confirmation is the conclusion of the sales contract between the User and Gate4tours.com.
This electronic message confirming the Order contains an exact description of the Order, placed by the User.
It is up to the user to make sure that the data communicated at the time of placing the order are correct and that they make it possible to process the order.
Gate4tours.com will not accept any responsibility for orders that are not correctly delivered due to error or omission on the part of the user.
3.3 Refusal to accept the order
Gate4tours.com reserves the right to suspend or refuse the order, in the following cases:
- Incomplete or incorrect data at the time of placing the order
- No more availability due to fully booked tours or transfers
- Failure to pay for previous orders or refusal of authorization by the User’s bank or other financial institution.
Where the order is rejected, Gate4tours.com will not accept any payment or will immediately refund the said payment.
3.4 Proof of Order
Notwithstanding any obvious error by Gate4tours.com, the retained details in the information system of Gate4tours.com are decisive in relation to Orders placed. The details in computer or electronic systems used by Gate4tours.com constitute proof and, if they are produced as evidence in any dispute, they shall be admitted as valid and contestable in exactly the same manner, under the same conditions and with the same weight of proof as all documents which may be established, received or recorded in writing, by the two parties.
3.5 Withdrawal or cancellation of the Order by the User
Therefore, Orders placed on the Site are exclusively subject to the modification and cancellation conditions provided in the Specific Conditions relating to the provision of Transport Service tickets and available at the time of placing the Order. These Specific Conditions are part of the General Conditions and need to be read attentively and accepted before ordering Transport Service tickets.
4. GENERAL TERMS & CONDITIONS OF SALE
4.1 Sightseeing Tours for Individuals or groups and Chauffeur Driven Vehicles
· Sightseeing tours are undertaken in an 8 seats vans or 15 seats maxi-vans with commentary provided by the driver or large buses with commentary provided by the guide
. Sightseeing tours are departing from anywhere within the county where indicated and they can also depart from ports or cruise ship.
· The language/s required must be stipulated upon reservation of the tour. Sightseeing tours are only guaranteed in French, English and German, other languages are on demand.
· Our driver/guides are not obliged to accompany clients onto or inside the excursion site or tourist attraction. Visiting times for sites will be given by the driver upon arrival and in accordance with the tour in progress.
· All personal effects are entirely the responsibility of the client.
· The individual client’s hotel or place of residence or pier for cruise travelers are the location points of departure and return.
· Maximum driver “waiting time” for your client is 15 minutes after the official departure time.
· Departure and return times may vary in accordance to traffic conditions or other unforeseen circumstances.
· Gate4tours cannot be held responsible for inclement weather. Neither can it be held responsible for delays due to aforementioned traffic conditions, other unforeseen circumstances or customer tardiness.
· Unless otherwise stated, meals and entry prices to excursion sites are not included in the tour price.
· Discounts and additional charges cannot be aggregated with any other form of reduction.
· There is an additional charge per person for collection or return of any person outside the perimeters of the departure towns stated in the site.
· Prices include fuel, motorway tolls, parking fees and driver’s expenses.
· If allotted time is exceeded during service, any extra hours will be charged at the normal rate.
· Additional fee applies to clients departing on tours from Marseille, Saint Tropez or Toulon
· Prices are shown “per group”.
4.2 Transfers for Individuals and groups
Arrivals:
Meet and greet service provided at the airport arrivals terminal at the scheduled arrival time. Gate4tours will carry a board bearing the agent’s logo or client name. Departure is immediate and a maximum of a 30-minute waiting time will be tolerated. Your client will then be delivered to their hotel or place of residence. In the unlikely event that you have any difficulty finding your driver, it is very important that you call the telephone numbers +33 (0)6 16 33 72 53. (if you calling from a mobile, please dial the international indicative. If dialing from a land line, this is unnecessary.)
Departures:
Collection from hotel or place of residence or at the pier for cruise ; the time and location of which would have been stated upon booking or reservation. (These should both be re-confirmed by the driver upon client’s arrival.) “Set down” will be at the appropriate flight terminal or at the appropriate cruise terminal. Full payment will be due for all “Absentee” or “No Show” clients.
If a client delays collection by more than 1 hour , the client will be liable for a fee charged per waiting hour. This charge must be settled prior to the vehicle’s departure.
4.3 Cancellation
· Canceling a booking with Gate4tours.com can result in cancellation fees being applied by Gate4tours as outlined below. When canceling any booking you will be notified via email of the total cancellation fees.
If you cancel at least 7 calendar days in advance of the scheduled departure or commencement time, there is no cancellation fee.
If you cancel between 3 and 6 calendar days in advance of the scheduled departure or commencement time, you will be charged a 50% cancellation fee.
If you cancel within 2 calendar days of the scheduled departure or commencement time, you will be charged a 100% cancellation fee.
5. Price and Payment
5.1 The email confirmation of the Order indicates all details of what is included in the price.
The prices are indicated in Euros and include all taxes, except if the contrary is mentioned in the email confirmation.
5.2 The payment of the cost of the products and services is effected by credit card (Visa, MasterCard, Amex) or via a secured payment system (Paypal) when the user has definitively validated his/her order.
5.3 Where the payment appears to be invalid, incomplete or non-existent, for whatever reason (or « for a reason that is the responsibility of the User »), the agreement will be rescinded at the User’s expense and civil or penal action may be taken against him/her.
6. Information and Complaints
All requests for information, possible details and complaints need to be addressed to the « Contact us form» of the Site or by post for the attention of the customer service: “Service Clientèle Gate4tours” attention to Yvonne Erbe 3530 route de Nice 06790 Aspremont – France.
7. Responsibility of Gate4tours.com regarding the use of the Site
7.1 Gate4tours.com does not guarantee that the Site is free of anomalies, errors or bugs, nor that these may be corrected or that the Site performs without interruptions or breakdowns, or that the Site is compatible with a material or particular configuration different from the one explicitly validated for Gate4tours.com.
Gate4tours.com is by no means responsible for dysfunctions created by software of third parties, incorporated or not in the Site or provided with.
gate4tours.com will by no means be held responsible for any kind of damage, predictable or not, (inclusive of the loss of gain or opportunity …) resulting from the use or the total or partial inability to use the Site. As Gate4tours.com is not able to check all the sites to which it sends on Users intermediary basis created to facilitate searches, Gate4tours.com in no case responsible for the contents of such sites.
Gate4tours.com cannot be held responsible for the malfunctioning of Internet connections (breakdowns, answering time when consulting the site, placing the Order …). The User acknowledges that s/he has been informed of the risks related to the security of communications on the Internet.
7.2 Gate4tours.com not guarantee that the Site is compatible with the User’s IT system.
7.3 The website may contain links to websites of third parties. These links are provided solely as a convenience to the user. Gate4tours.com not responsible for the contents of such third party websites or the links to which the User may be transferred. Gate4tours.com does not have any responsibility for third party websites and does not make any representation regarding the content or accuracy of materials on such websites. Accessing such websites is at the sole risk of the User.
7.4 In the event that Gate4tours.com for whatever reason, is required to pay damages, such damages shall only compensate direct damages and shall be limited to the price received by Gate4tours.com for the products or services which caused the damage. Besides, the liability of Gate4tours.com for indirect loss or damage, loss of profit, loss of goodwill, damage caused by interruption of business activities, distortion or loss of data is excluded.
7.5 The limited liability dispositions stated in articles 7.1, 7.2, 7.3, 7.4 and 9 are valid unless mandatory French laws provide otherwise.
8. Delivery
The User will receive his/her Confirmation Order at a Email address: In this case, and, except where different instructions have been given, the delivery of the Order will be made to the Email address indicated by the User when placing the order. The User is entirely responsible for the correct completion of the necessary information, permitting Gate4tours.com proceed with the delivery of the Order executed on the Site.
9. Protection of the Site
Gate4tours.com holder of the intellectual property rights relating to the Site and its content (trade marks, texts, lay-out, graphic elements, logos, etc.).
The access to the Site does not grant any of the intellectual property rights of the Site to the User.
The elements, accessible on the Site, i.e. texts, pictures, images, icons, cards, sounds, videos, software, databases, are subject to protection by intellectual property rights and other private rights.
Any reproduction, representation, modification, transmission, publication, adaptation on any support in any way or exploitation in any way of the Site is prohibited without preliminary consent of Gate4tours.com. This prohibition is particularly but not exclusively meant to prevent scrapping or the use of robots for extraction or reproduction of elements of the Site, including the range of Products or Services presented on it for commercial purposes.
Exploitation without preliminary consent by Gate4tours.com in any way, of the whole or part of the Site, may lead to appropriate action, i.e. prosecution for counterfeit.
Only private and non-commercial use of an insubstantial part of the Site is authorized.
10. Protection of the privacy of the user of the site
10.1 Gate4tours.com concerned about the protection of the privacy of the users of the site and has established rules to protect the personal data of users. By accepting the General Conditions and by communicating personal data to Gate4tours.com, the User agrees that gate4tours.com handles its details according to the General Conditions.
10.2 Gate4tours.com the following personal data of the users of the site:
• Personal data relating to the orders and payments, including name, address, e-mail address, telephone number, etc;
• IP addresses;
• Any other relevant personal data that the user communicates to Gate4tours.com.
10.3 These personal data are used to:
• Execute the Orders and to process the payments;
• Contact the user for marketing purposes, including sending a newsletter;
• Inform the user about Gate4tours.com, its products and services and its site.
The nominative information collected with regard to sales at a distance is obligatory as these details are necessary for handling and delivery of Orders, as well as for making invoices. These details are absolutely confidential.
gate4tours.com commits itself to using the personal details of Users only for the explicit purposes set out in the General Conditions. Gate4tours.com commits itself not to publish, spread or transmit details relating to the User to other companies without his/her prior consent.
10.4 The User has the right to access all personal data relating to him/herself and to rectify, erase or block the data that are incomplete or inaccurate. To execute this right, the User needs to address a demand via «the Contact form” of the Site or by ordinary mail to the attention of the customer service: “Service Clientèle gate4tours.com attention to Yvonne Erbe 3530 Route de Nice 06790 Aspremont- France.
10.5 the User agrees that Gate4tours.com use cookies, i.e. small files sent by its internet server and recorded on the hard disk of the User’s computer, which collect information about the User’s preferences and keep track of the visited pages of the site. Should the User not wish to receive cookies, s/he may simply send a demand via « Contact us form » in the site with the mention “Do not save this information on a cookie”.
11. Obligations of the site user
11.1 The User shall:
(a) not use the Site of Gate4tours.com illegal purposes or for purposes that could cause damage to the rights of Gate4tours.com of third parties; the user shall not use the site to transmit information that is illegal, discriminatory or offensive to Gate4tours.com to third parties;
(b) not disturb the access to or functioning of the website, neither gain or attempt to gain any unauthorized access to the IT systems of Gate4tours.com nor modify the site or use the site to transmit viruses, hacking attacks, worms, etc. ;
(c) Respect the general conditions of use;
(d) Make sure that, before validating his/her Order, that it corresponds exactly to requirements;
(e) Enter correctly his/her personal details to make possible the handling of his/her Order;
(f) Check the solvency and validity of his/her means of payment.
11.2 In case of non-respect of the obligations of this agreement by the user of the site, Gate4tours.com reserves the right to block the access to its site immediately and to claim damages.
12. Miscellaneous
12.1 The fact that Gate4tours.com may not immediately exercise one of its rights on the basis of these general terms and conditions shall not be interpreted as a renunciation of such rights.
12.2 In case one of the clauses of these general terms and conditions is declared to be null and void, or without any effect, this will not affect the validity of the other clauses, except if the clause is essential to this agreement between the user and Gate4tours.com .
12.3 We will not be liable if you are prevented from disembarking of your ship or flight to any of the listed or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by a force majeure event. A Force Majeure Event means any act or event beyond Our reasonable control including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, hijacking, war (whether declared or not) or threat or preparation for war, acts of God, fire, explosion, storm, flood, snow, earthquake, subsidence, epidemic or other natural disaster, geological or catastrophic event such as volcanic eruption, tsunamis, airline or ship failure, infrastructure failure, failure of public or private telecommunications networks or industrial action, geological, catastrophic events.
13. Applicable law and jurisdiction
All disputes regarding the use of the site of Gate4tours.com regarding the products or the services ordered on the Site are subject to French law. The application of the Convention on Contracts for the International Sale of Goods of 11 April 1980 is excluded.
All disputes relating to the Use of the Site, the interpretation and execution of the General Conditions or the Goods and Services offered on the Site are subject to the jurisdiction of the French Courts.