PREAMBLE
The present general conditions of sale and use are opposable to each purchaser of Nîmes CityPass. The Nîmes CityPass is managed by :
The Nîmes Tourist Office and Convention Bureau / SPL AGATE (AMENAGEMENT ET GESTION POUR L'AVENIR DU TERRITOIRE), a local public company (SPL) with a capital of 225,000 €, whose head office is located at 19 rue Trajan in Nîmes, (30000), registered in the Nîmes Trade and Companies Register under number 752 100 461, hereafter also referred to as "Nîmes Tourisme".
The general conditions of sale and use are accessible at any time on the website nimescitypass.com
ARTICLE 1 - DESCRIPTION
The Nîmes CityPass aims to facilitate the discovery of the tourist sites of the city of Nîmes and the Pont du Gard by tourists. It is presented in the form of a leaflet guide, a prepaid card, numbered and unique.
The Nîmes CityPass offers a unique right of access, free or at a reduced price, to a set of tourist sites listed in the guidebook given at the time of purchase and available for consultation on the website nimescitypass.com, within the limits of the conditions defined herein.
The Nîmes CityPass is strictly personal and nominative. Consequently, it cannot be transferred or given to a third party.
ARTICLE 2 - OBJECT
The present general conditions of sale and use have for object to define the rights and obligations of the parts within the framework of the use and the transfer of Nîmes CityPass.
Prior to any order, the customer commits himself to take knowledge of the present general conditions of sale and use of the Nîmes CityPass and to accept them without reserve.
Some of the proposed visits or activities may also include conditions specific to the organiser or the partner site concerned, in which case they will be clearly brought to the attention of the customer. Consequently, the present document only concerns the conditions of use and sale of the Nîmes CityPass and not the specific conditions of the visit services themselves.
Indeed, the opening hours depend on the sites themselves and each site freely organises its access.
The customer's order is governed by the general conditions of sale in force on the day the order is placed. Consequently, the fact of placing order, implies the whole adhesion and without reserve of the customer to the general conditions of sale and the general conditions of use of Nimes CityPass.
ARTICLE 3 - SCOPE AND DURATION OF APPLICATION
The present general conditions of sale and use apply as from their acceptance and until the expiry date of Nîmes CityPass.
ARTICLE 4 - ENFORCEABILITY OF THE GENERAL CONDITIONS OF USE
The version of the general conditions of sale and use opposable to the customer is the one accepted by the customer at the time of the order.
The different versions of the general conditions of sale and use are archived by Nîmes Tourisme according to the following methods: archiving by date in paper, PDF and Word formats.
The customer can access the archived general conditions of sale and use by making a request by e-mail to the following address: accueil@nimes-tourisme.com
The version of the terms and conditions online at nimescitypass.com prevails over any previous printed version for any new card purchase.
Any update following a modification of the general conditions of sale and use will be brought to the attention of the customer and the selling partner as soon as possible by Nîmes Tourisme.
The present conditions of sale and use are proposed in French.
ARTICLE 5 - ORDERING
The order of the Nîmes CityPass can only be made at a sales point contractually authorised by Nîmes Tourisme to market it or on the nimescitypass.com website.
The information and personal data relating to the holder of the Nîmes CityPass are necessary for the proper processing of the order by the seller. Otherwise, the order may not be completed. The treatment of the personal data will be carried out according to the provisions of article 11 of the present conditions.
The fact of placing order, implies the whole adhesion and without reserve of the customer to the general conditions of sale of the sales partner and the general conditions of use of Nimes CityPass.
The payment of the order implies the acceptance of the general conditions of sale and use and validation of the order.
ARTICLE 6 - PRICE
The Nîmes CityPass is offered at a fixed price according to its period of validity, the age of the bearer and the possible options, by all the Nîmes CityPass points of sale or on the nimescitypass.com website.
The price includes one free or reduced-price entry for 1 adult to one of the partner sites and under the conditions described on the information material.
The price includes the delivery of the guidebook and the numbered card in which the Nîmes CityPass partner sites are mentioned.
The price of the Nîmes CityPass does not include any additional costs linked to the processing and dispatch costs invoiced by the Nîmes CityPass points of sale, which must be notified before the purchase.
The price of the Nîmes CityPass does not include access to the specific activities of the partner sites, unless otherwise stated.
The Nîmes CityPass may not be resold at a price higher than that defined by Nîmes Tourisme and specified on the communication media.
All orders, whatever their origin, are payable in euros. The methods of payment accepted are those of the Nîmes CityPass sales outlet.
The Nîmes CityPass remains the property of Nîmes Tourisme until the complete and final collection of the price by the Nîmes CityPass sales outlet.
The purchase can be made directly online on nimescitypass.com or at the Points of Sale.
ARTICLE 7 - CONDITIONS OF ACCESS TO PARTNER SITES
The Nîmes CityPass includes a defined number of prepaid and dematerialised coupons, each giving access to a free or reduced rate visit among the partner sites, within the limits of the conditions described in the information material.
Each coupon includes admission (or a reduction on the admission price) for its legitimate holder.
Prior to each visit, the holder must present the Nîmes CityPass to validate access to the partner site concerned.
The Nîmes CityPass is strictly personal and nominative. Consequently, it cannot be transferred or given to a third party.
The partner site has the right to ask for the presentation of an identity document with photo to the holder of the Nîmes CityPass. The bearer of the ID must correspond to the name given by the seller at the time of the order and associated with the Nîmes CityPass number.
The exhaustive list of the partner sites is also available on the information media made available to the customer.
The Nîmes CityPass does not constitute a ticket.
ARTICLE 8 - TERMS OF USE
At the time of purchase, the Nîmes CityPass sales point collects the data necessary to allocate the card to a holder and activate the Nîmes CityPass.
As soon as it is activated, the Nîmes CityPass can be validated in a first partner site.
The validation of an entry in a partner site by means of the Nîmes CityPass is called "coupon consumption".
From the first consumption of a coupon in a partner site, the Nîmes CityPass is valid for a period of 2, 4 or 7 consecutive calendar days depending on the formula chosen.
An activated Nîmes CityPass can be validated for the first time in a partner site at the latest one year after its purchase date.
The Nîmes CityPass is valid for one year from the date of purchase. If for a reason external to the customer, the Nîmes CityPass has not been used within this period of one year, Nîmes Tourisme undertakes to reimburse the price of the Nîmes CityPass on simple presentation. This reimbursement will not take place after activation of the Nîmes CityPass.
In the event of non-consumption of all or part of the coupons included in the Nîmes CityPass, according to the deadlines described above, no expenses of any kind whatsoever may be claimed as reimbursement or compensation.
The opening hours of each partner site are under the responsibility of the site itself and are indicated on nimescitypass.com as well as in the guidebook accompanying the Nîmes CityPass given to the customer by the selling partner.
ARTICLE 9 - INFORMATION MATERIAL
When the order is placed, a guide-flyer is given to the customer.
The guide-flyer lists the tourist sites that are contractually partners in the operation.
The guide-flyer allows the Nîmes CityPass holder to be informed of the following information relating to the partner sites: address, telephone number, website, days, opening hours to the public, access conditions.
The information contained in the guide-flyer is that which was known at the time the document was produced. Despite all the care taken in its production, the document may contain errors for which Nîmes Tourisme cannot be held responsible.
The guide-flyer is not a contractual document.
In the event of non-compliance with contractual obligations or in the event of force majeure, Nîmes Tourisme reserves the right to terminate the partnership which links it to a partner site and to withdraw the visit services concerned from the Nîmes CityPass offer, without the holder being able to prejudge any recourse to compensation for any damage suffered or to claim any reimbursement or any compensation whatsoever, to withdraw the visit services concerned from the Nîmes CityPass offer.
The days and opening hours of the partner sites may be subject to change during the operation.
The partner site undertakes to inform Nîmes Tourisme without delay of any modification relating to the good information of the holders of the Nîmes CityPass: reception conditions, days and opening hours, exceptional or definitive closure.
In the event of modification, Nîmes Tourisme undertakes to update on the website nimescitypass.com the information which will have been brought to its attention and relating to the partner sites.
Nîmes Tourisme cannot be held responsible for modifications inherent to the conditions of reception of a partner site and preventing the good progress or the execution of the services of visits proposed within the framework of Nîmes CityPass.
Prior to any visit, it is recommended that the holder of the Nîmes CityPass informs himself directly with the partner site of the days and opening hours of the site and the closing time of the cash desks.
ARTICLE 10 - MALFUNCTION, LOSS OR THEFT OF THE NÎMES CITYPASS - GUARANTEE
In the event of a technical malfunction of the Nîmes CityPass preventing the validation of the coupon when accessing a partner site, the holder is invited to go as soon as possible to one of the points of sale of his choice to exchange the Pass, it being understood that the data of the faulty Pass (date of end of validity, remaining day(s) of use and available coupons) will be carried over to the new pass. All the rights acquired on the previous Pass will be transferred to the new one for the benefit of the customer. The latter will therefore not suffer any prejudice.
In the event of loss or theft, the holder of the Nîmes CityPass is considered solely responsible. Consequently, the holder cannot claim any exchange, replacement or any compensation.
The customer benefits from the legal guarantees:
Legal guarantees of conformity (article L. 211-4 and following of the Consumer Code)
Guarantees of the hidden defects (article 1641 of the Civil code) - Biennial guarantees (article 1792-3 of the Civil code) and this on the Nimes CityPass and the right of use which results from it as explained above.
ARTICLE 11 - PERSONAL DATA
The information and personal data relating to the holder of Nîmes CityPass are necessary for the good treatment of the order by the salesman and useful in the event of dysfunction, loss or flight of Nîmes CityPass. Otherwise, the order cannot be completed.
The information and data are kept by Nîmes Tourisme and the seller of the Nîmes CityPass for security purposes, in compliance with legal and regulatory obligations.
The data can be used by Nîmes Tourisme within the framework of the statistical exploitation of Nîmes CityPass.
The holder of the Nîmes CityPass can write to Nîmes Tourisme, 6 boulevard des Arènes - 30000 NIMES to exercise his or her rights of access and rectification with regard to the information concerning him or her and being the subject of processing, under the conditions provided for by the RGPD of May 2018.
ARTICLE 12 - ABSENCE OF THE RIGHT OF WITHDRAWAL
In accordance with article L 121-20-4 of the Consumer Code, the right of withdrawal instituted by article L.121-20 of the same code does not apply to the contract concluded for, in particular, leisure activities that can be provided on a specific date or according to a specific period.
ARTICLE 13 - CUSTOMER SERVICE
For any information, the Nîmes CityPass holder is invited to contact the Nîmes Tourisme Welcome and Information Service: By telephone at +33 (0)4 66 58 38 00 by e-mail: accueil@nimes-tourisme.com.
Any complaint must be sent in writing at the latest one week after the expiry of the Nîmes CityPass; by post to the following address Nîmes Tourisme, 6 boulevard des Arènes - 30000 NIMES; or by e-mail to the following address: accueil@nimestourisme.com.
ARTICLE 14 - APPLICABLE LAW - DISPUTES
The present conditions of sale and use are subject to French law.
In the event of a dispute concerning one or other of the conditions of the contract, a conventional mediation procedure or any other alternative dispute resolution procedure may be initiated at the request of one or other of the parties.
Failing this, the courts of the jurisdiction of the registered office of Nîmes Tourisme.