TERMS OF SALES
The site www.doublebreak.fr is edited and operated by the simplified joint-stock company (SAS) DOUBLE BREAK, with a share capital of 7,500 euros, registered with the RCS of Annecy under number 838 869 014, whose head office is located 14, avenue de la plaine - 74000 ANNECY (hereinafter referred to as DOUBLE BREAK).
Individual intra-community identification number of the seller: FR05805115938
The purpose of the www.doublebreak.fr site is the online sale of tourist packages for sports stays, educational and rental services, as well as the sale of sports equipment and accessories.
SAS Double Break is a travel agency registered with Atout France 23 place de Catalogne 75014 Paris under the number IM 074 180 012. It also has:
- a regulatory financial guarantee contracted with the APST (Professional Association for Solidarity in Tourism), 15 avenue Carnot, 75017 Paris.
- professional civil liability taken out with the company Hiscox France, 38 avenue de l'Opéra, 75002 Paris under contract n ° RCPAPST / 256 078.
The purpose of the following provisions is to define the general conditions of sale on the site www.doublebreak.fr.
These general conditions of sale (hereinafter "GTC") define the contractual rights and obligations of the seller and his customer within the framework of a distance and electronic sale of goods and products.
The GTC exclusively govern the relationship between the seller and the customer.
The GTC express all the obligations of the parties. The customer is deemed to accept them without reservation, failing which his order will not be validated.
In case of doubt about one of the conditions of sale, the practices in force in the distance selling sector by companies whose head office is in France and the Consumer Code apply.
The seller reserves the right to modify the GTC from time to time. The changes will be applicable as soon as they are posted online.
ARTICLE 1 - DEFINITIONS
The terms mentioned below have the following meaning in these General Conditions of Sale:
« CONTENT »
Means any document, text, photograph, video, or any other element provided by the PARTNER CLUB for the presentation of its PARTNER SPACE or the SERVICES it contains.
« CONTRACT »
Means these General Terms of Sale.
« ACCOUNT »
Refers to the interface hosted on the SITE in which all the data provided by the USER is grouped.
« LOGIN »
Designates the login (email) and password allowing access to the ACCOUNT. These LOGIN and PASSWORD are for the exclusive use of the USER who is solely responsible for them.
« WEBSITE »
Refers to the website accessible at the address www.doublebreak.fr grouping together all the hosted web pages and services offered to USERS.
Refers to any product or service offered for purchase by DOUBLE BREAK to USERS and available on the SITE.
« USERS »
Refers to any person who accesses and browses the SITE.
« SERVICES »
Refers to all the functionalities and other SERVICES offered by DOUBLE BREAK to USERS within the framework of the operation of the SITE.
« PRODUCT »
Refers to any PROVISION of service or merchant goods that can be sold by DOUBLE BREAK on the SITE.
Refers to a USER who has purchased a SERVICE or a PRODUCT on the SITE.
Designate the people who participate in the SERVICES purchased by the CUSTOMER.
ARTICLE 2 – CATALOG OR ONLINE STORE
Through the SITE, DOUBLE BREAK provides the USER with a catalog or an online store accurately presenting the products sold, without the photographs having a contractual value.
The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the seller cannot be held liable for this fact.
The products are offered within the limits of available stocks.
The prices and taxes relating to the sale of the products are specified in the catalog or the online store.
ARTICLE 3 - PRICE
DOUBLE BREAK reserves the right to modify its prices at any time by posting them online.
Only the prices in force indicated at the time of the order will apply, subject to availability of the products on that date.
Prices are indicated in euros (excluding taxes and all taxes included) and do not take into account delivery or insurance costs, which are invoiced in addition. Delivery costs and insurance costs are indicated before validation of the order by the USER.
The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the PRODUCTS in the catalog or in the online store. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the selling price of the PRODUCTS.
The total amount of the order (including all taxes) and shipping and insurance costs included, is indicated before final validation of the order form.
Payment of the full price must be made when ordering.
ARTICLE 4 – ONLINE ORDER
The USER has the option of completing an order form online, using an electronic form. By completing the electronic form, the USER accepts the price and description of the products.
The USER must accept by clicking on the place indicated, these T & Cs, for his order to be validated.
The USER must provide a valid e-mail address and delivery address and acknowledges by these T & Cs that any exchange with DOUBLE BREAK may take place using this address.
The USER must also choose the delivery method, insurance and validate the method of payment.
DOUBLE BREAK reserves the right to block the USER's order in the event of non-payment, incorrect address or any other problem on the USER's account until the problem is resolved.
ARTICLE 5. CONFIRMATION AND PAYMENT OF THE ORDER
This is an order with an obligation to pay, which means that placing the order involves payment by the USER.
ARTICLE 5.1 – PAYMENT :
The USER makes the payment at the time of final validation of the order by specifying his credit card number.
It is therefore specified that all information relating to payment provided on www.doublebreak.fr is transmitted to the SITE bank and is not processed directly on www.doublebreak.fr.
The CUSTOMER guarantees to DOUBLE BREAK that he has the necessary authorizations to use this method of payment and recognizes that the information given for this purpose constitutes proof of his consent to the sale as well as to the exigibility of the sums due for the order.
In the event of a dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person can contest within 70 days from the date of the transaction by sending a claim according to the following terms, so that DOUBLE BREAK bears the costs of the sale and returns the disputed amount, the USER will send his dispute by email to customer service at the email address: firstname.lastname@example.org.
Any dispute not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release DOUBLE BREAK from all liability.
DOUBLE BREAK has set up a procedure for verifying orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the customer for identification data.
In the event of refusal of authorization of payment by credit card on the part of accredited bodies or in the event of non-payment, DOUBLE BREAK reserves the right to suspend or cancel the order and its delivery.
DOUBLE BREAK also reserves the right to refuse an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
ARTICLE 5.2 – CONFIRMATION :
Upon receipt of the validation of the purchase and payment by the customer, DOUBLE BREAK transmits to the latter, on the e-mail address specified, the confirmation of receipt of the order form and the corresponding invoice.
DOUBLE BREAK is required to send an invoice to the customer when validating the payment.
ARTICLE 6. ELECTRONIC SIGNATURE
In accordance with the provisions of Law n ° 2000-230 of March 13, 2000, the online supply of the buyer's bank card number and the final validation of the order constitute proof of the CLIENT's agreement, of the payment of sums due under the purchase order, signature and express acceptance of all operations carried out.
ARTICLE 7. PROOF OF THE TRANSACTION
The communications, orders and payments made between the CLIENT and DOUBLE BREAK can be proven using computerized registers, kept in DOUBLE BREAK's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
ARTICLE 8. PAYMENT METHOD
All the payment methods made available to the CUSTOMER are listed on the DOUBLE BREAK website. The CUSTOMER guarantees to DOUBLE BREAK that he has the necessary authorizations to use the payment method chosen by him, when placing an order.
All payments by holiday check (ANCV) must be sent by registered letter or registered letter with acknowledgment of receipt to the following address: DOUBLE BREAK - 14, avenue de la plaine - 74000 ANNECY.
ARTICLE 9. UNAVAILABILITY OF PRODUCTS AND REFUNDS
In the event of unavailability of a product, DOUBLE BREAK will keep the customer informed by e-mail as soon as possible in order to propose a modification or to cancel the order.
In the event of cancellation, reimbursement of the sums paid will take place within 30 days at the latest.
For any question relating to the follow-up of an order, the customer can contact customer service by email at the email address: email@example.com.
ARTICLE 10. RIGHT TO RETRACT
In accordance with Article L. 221-28 of the Consumer Code, people who have purchased a tourist and / or sports service do not benefit from the fourteen-day withdrawal period.
ARTICLE 11. MODIFICATION
ARTICLE 11.1 – BY YOUR FACT, BEFORE DEPARTURE :
Any request to modify a reservation can be made by email to the address: firstname.lastname@example.org or by registered letter to the address: Double Break - 14 avenue de la plaine, 74000 Annecy.
Any modification entails the application of modification fees in the amount of € 50 including tax.
In the event that a modification is possible, it will be validated upon receipt of payment of the modification costs and the additional amount to the initial order if the modification results in an additional cost.
In the event that a modification is impossible, the customer will have the choice of maintaining his initial order or of canceling his order according to the terms set out in Article 11.
ARTICLE 11.2 – DUE TO DOUBLE BREAK :
DOUBLE BREAK may exceptionally be forced to modify the SERVICES reserved due to circumstances which are not attributable to it, in particular due to security requirements or climatic conditions.
In this case, only those in charge of supervision will be able to make the necessary decisions.
These modifications will not give rise to any refund.
ARTICLE 12. TERMS OF CANCELATION
ARTICLE 12.1 – BY YOUR FACT :
Any cancellation notification must be made by email to the email address: email@example.com or by registered letter with acknowledgment of receipt sent to Double Break to:
SAS Double Break - Customer service cancellation - 14 avenue de la plaine - 74000 ANNECY
The postmark is used to take into account the date of receipt of the cancellation request.
In all cases DOUBLE BREAK will retain penalty charges calculated on the total price of the order wishing to be canceled. Penalties may vary depending on the conditions listed in the table below:
Cancellation fees for orders INCLUDING at least one accommodation service (Excluding Miléade - Excluding Alpina Lodge Val d'Isère residence - Excluding Pierre et Vacances residences)
Cancellation more than 30 days before arrival
Cancellation between 30 and 21 days before arrival
Cancellation between 20 and 15 days before arrival
Cancellation between 14 and 10 days before arrival
Cancellation less than 10 days before arrival
Cancellation fees for orders INCLUDING at least one accommodation service with Miléade or with the Alpina Lodge Val d'Isère residence
Cancellation more than 45 days before arrival
Cancellation between 44 and 31 days before arrival
Cancellation between 30 and 16 days before arrival
Cancellation between 15 and 8 days before arrival
Cancellation less than 8 days before arrival
Cancellation fees for orders INCLUDING at least one accommodation service with Pierre et Vacances residences
Cancellation more than 41 days before arrival
Cancellation between 41 and 21 days before arrival
Cancellation between 20 and 8 days before arrival
Cancellation less than 8 days before arrival
With a minimum of 150 €
Cancellation fees for orders NOT INCLUDING a hosting service
Cancellation more than 7 days before the start of the service
Cancellation between 7 and 3 days before the start of the service
Cancellation less than 72 hours before the start of the service
In the event of cancellation of a service paid by holiday vouchers (ANCV), no refund can be made, the amount received will be offered in the form of a credit on a future reservation.
ARTICLE 12.2 – DUE TO DOUBLE BREAK :
DOUBLE BREAK may exceptionally be forced to cancel the services ordered if:
• Security conditions require it
• In the event of an unforeseeable event
DOUBLE BREAK will offer you, as far as possible, equivalent services at a comparable cost that you are free to accept.
In the event that the CUSTOMER refuses this arrangement, DOUBLE BREAK will reimburse the CUSTOMER for the total amount already paid.
Apart from this reimbursement, this cancellation does not give rise to the right to any compensation.
Furthermore, in the event that the CLIENT's behavior would be contrary to good morals or cause serious discomfort for other CLIENTS, DOUBLE BREAK reserves the right to automatically terminate the reserved SERVICE without any compensation.
ARTICLE 13. INSURANCE
No SERVICE sold on the site www.doublebreak.fr includes insurance.
However, at the time of his reservation, the CUSTOMER can take out optional insurance on the site:
• EVIDENCE contract n ° 4637 - Cancellation + Repatriation assistance at € 30,000 + Interruption of stay and activities + COVID guarantees
In the event of cancellation of a SERVICE, the insurance premium is not refundable. In addition, these insurances are non-transferable.
If the CUSTOMER is already the beneficiary of a previous guarantee for the same risks, he may waive this insurance free of charge within 14 days of its conclusion and as long as no guarantee has been implemented.
To exercise his right to exercise this contract, the customer must send an email to the address: firstname.lastname@example.org accompanied by a document justifying his previous warranty.
ARTICLE 14. RESPONSABILITY :
ARTICLE 14.1 – SPORTS PRATICE :
A medical consultation prior to any sporting activity is strongly recommended to detect any contraindications to the practice of sport.
DOUBLE BREAK recommends consulting a doctor before any physical activity and having a certificate of non-contraindication to the practice of sport drawn up during the first session. The delivery of such a certificate is not a legal obligation, it is left to the discretion of the CUSTOMER.
The CUSTOMER acknowledges having read this recommendation.
In the event that the CUSTOMER does not provide the DOUBLE BREAK with said medical certificate of non-contraindication to sports practice, DOUBLE BREAK and its service providers will be automatically released from all responsibility for the occurrence of an accident related to the state of CUSTOMER's health.
Payment by the CUSTOMER will constitute acceptance and acknowledgment of this recommendation.
ARTICLE 14.2 - ORGANIZER :
For SERVICES with accommodation, DOUBLE BREAK is responsible for the proper performance of the travel services provided for in the contract in accordance with article L211-16 of the Tourism Code and is required to provide assistance to the traveler if he is in difficulty (article L211-17-1 of the Tourism Code).
In any case, DOUBLE BREAK can be held responsible due to circumstances of force majeure, due to third parties unrelated to the provision of travel services provided for in the contract or poor performance for circumstances attributable to the customer.
The organizer can never be held liable for indirect damage.
ARTICLE 15. INTERNAL RULES
The Customer declares to comply with these internal regulations, to adhere to them without restriction or reservation and to respect the following instructions:
- Access to tennis courts reserved for Customers and can only be done in the presence of an Instructor, except in the case of court rental,
- Prohibition to involve an unregistered person,
- No smoking on tennis courts,
- Wearing tennis clothes and shoes,
- Storage of loaned equipment, after use, it being specified that any degradation of equipment may be invoiced by SAS Double Break,
- The customer is informed that no specific surveillance of the changing rooms is carried out. The Customer thus acknowledges having been fully informed of the risks incurred by depositing valuables on the grounds or reception areas of the company.
DOUBLE BREAK reserves the right to exclude at any time a CUSTOMER whose behavior may be considered to endanger the safety or well-being of other participants.
It is specified that these internal regulations form an indivisible whole with the GTC.
ARTICLE 16. FORCE MAJEURE
Each of the PARTIES will be exempt from any liability in the event of a total or partial breach, even temporary, of one or other of its obligations under these GTC, which would be caused by a case of Force Majeure.
For the purposes of the CONTRACT, Force majeure is defined as an event of an insurmountable and irresistible nature, resulting from an event outside the control of the parties, which consists of an event or a series of events of a climatic, pandemic or bacteriological nature. , military, political or diplomatic.
For example, force majeure events, without this list being exhaustive, include natural phenomena such as tornadoes, floods, hurricanes, earthquakes, volcanic eruptions; the spread of a virus that would be qualified by authorities as stage 3 of the epidemic or other applicable equivalent; the use by a State or a terrorist group of weapons of any kind disrupting the continuity of commercial relations; nationwide social movements; the declaration of martial law or the decision of a Government, with or without the participation of its allies, to set up a sea, air and / or land blockade; the partial or total maintenance of confinement or the state of health emergency for a period covering the order of a USER;
The above events may take place in any territory in which the performance of this CONTRACT would take place.
If one of the above events were to occur, the PARTIES agree that the order (s) concerned would be canceled without charge or penalty.
ARTICLE 17. PARTIAL NULLITY
If one or more stipulations of these T & Cs were to be declared void by application of the law, a regulation or a final decision of a French court, the other stipulations will retain all their force and scope.
ARTICLE 18. APPLICABLE LAW AND COMPETENT JURIDICTION
DOUBLE BREAK is established in France in a stable and sustainable manner to effectively carry out its activity, regardless of the location of its head office in the case of a legal person.
Also, these GTC are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.
In the event of a dispute or complaint, the CUSTOMER will first contact DOUBLE BREAK to obtain an amicable solution.
In the absence of an amicable agreement, the CUSTOMER, if he contracts as a consumer, may initiate proceedings before the court of his choice and if he contracts as a professional, may initiate proceedings before the court of the place of the head office. DOUBLE BREAK company.