The contract is between you and Concierge Pyrenees, owned by Penelope WALKER of Appt #47, Résidence des Jardins des Barrié, 46 rue du Barrié, 31110 Bagnères-de-Luchon, France, registered as a business in France under SIRET 510256837 00020
The Concierge Service is provided primarily through personalised advice and bookings received via phone or email and procuring services provided by third party suppliers (“Suppliers”).
The following Terms and conditions (the “Terms”) govern your use of our website(s) (the “Site”) and the provision of our Concierge Services.
For the purposes of these Terms:
- all information you may provide to us or the Suppliers must be true and accurate
- when visiting or using the Site or the Concierge Service and/or any content or materials available from us, you agree to be bound by these Terms which shall form a legally binding agreement between you and us
- you have also read, understood and accepted the Privacy Statement
- we reserve the right to update or change these Terms from time to time at our discretion, and your continued use of the Site or the Concierge Service will be subject to the then current version of these Terms.
Provision of Services
Concierge Pyrenees acts as an intermediary only. We do not provide any activities or visits ourselves and cannot, under any circumstances, be held liable for the cancellation or postponement of any activities or visits or any other changes made by the providers.
Unless otherwise stated in writing by us, when you make a request for services from a Supplier through the Concierge Service, you will enter into a contract directly with the Supplier for the provision of those services and you will be bound by their Terms and conditions (including but not limited to their cancellation Terms).
In these circumstances, it is very important for you to request to review any applicable Terms and conditions before you complete the transaction.
We cannot be held responsible if you fail to request information on any supplier’s Terms and conditions.
Fees and payment
We charge a fee for our holiday Concierge Service and a quotation will be provided on request.
We request a 50% engagement fee following a client’s acceptance of our quote and on receipt of their instructions to proceed with their holiday organisation.
This fee commits us to commencing the organisation of the clients’ itinerary. The 50% balance payment will be due prior to presentation to the client of their completed holiday itinerary.
The receipt of the total or partial payment of our services concludes the contract. Such payment by any client implies acceptance of these general and special conditions of sale of which he/she acknowledges having been informed.
Disclosure – in providing certain services we may receive commission from certain suppliers.
Right to withdraw
In accordance with the provisions of the Consumer Code, the Client has a period of fourteen (14) clear days to exercise his right to withdraw from the contract with Concierge Pyrénées, starting from the day after Concierge Pyrénées receives the initial payment from the Client.
Capacity of user
The Client must have full legal capacity to enter into this contract and must not be subject to any measure of guardianship, curatorship or any other measure concerning protected adults as defined in articles 415 and following of the Civil Code.
Complaints
You should contact us immediately by telephone or email should you be dissatisfied with any aspect of the Concierge Service you receive and we will use reasonable endeavours to look into the issue within two working days of receipt of your notification and to respond to you as soon as reasonably practicable.
We will not be responsible for the failure of any Supplier to provide any Services or the negligence of the Supplier providing them. However, we will endeavour to assist you in the resolution of any such issue.
Responsibility
Concierge Pyrenees does not own, manage, control or operate any transportation, vehicle, or activities. We are an agent for the booking of such services and rely on the activity and service providers to accurately describe their service, be it written or visual.
Whilst we have taken all reasonable care to ensure the accuracy of their descriptions, we cannot be held accountable for variations. If you think the supplier is falsely representing the service then we will endeavour to resolve it with the supplier.
Concierge Pyrenees excludes all liability for loss or damage that may arise from the action by a third-party agent and or supplier.
We do not accept liability or any claim for compensation for any damage, loss, injury, delays, cancellation and additional expenses or inconvenience caused by any events which are outside the control of Concierge Pyrenees.
Indemnification
You agree to indemnify, defend and hold Concierge Pyrenees, Penelope Walker and business partners harmless from any liability, loss, claim and expense, including reasonable professional legal advisors’ fees and expenses, related to your violation of these Terms
In no event shall Concierge Pyrenees or any other covered party be liable for any injury, death, loss, claim, damage, act of god, accident, delay, or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with any use of our Concierge Service.
Material and Copyright
The material on our Site is subject to our copyright protection, unless otherwise indicated.
Our copyright-protected material may be reproduced free of charge in any format or media without specific permission, provided the material is not for public or commercial use and not for profit, material or financial gain.
This is subject to the material being reproduced accurately and not being used in a derogatory manner or in a misleading context.
Where the material is being published or issued to others, the source and copyright status must be acknowledged.
Any permission we provide to reproduce our copyright-protected material does not extend to any material on our Site which is identified as being the copyright of a third party.
Authorisation to reproduce such material must be obtained from the copyright holders concerned. If there is a restriction on reproduction, any other proposed use of the material would be subject to our approval. Application should be made to Penelope Walker at the address indicated above.
Governing Law and Jurisdiction
We grant you access to our Site and our Concierge Service conditional upon your acceptance that the laws of France apply between us in relation to these Terms.
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of France
Each party irrevocably agrees that the courts of France shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.