ARTICLE 1 - DESCRIPTION OF PRODUCTS, SERVICES AND ACTIVITIES
1. SHOP (DERIVED TOURISM PRODUCTS)
The OTM NCA offers various derived tourism products for sale online or at points of sale.
These derived products are offered subject to stock and availability.
Without this list being exhaustive, the OTM NCA sells, in particular:
Books, maps, posters, food products, soaps, candles, magnets, etc.
1-1. Online purchase and reservation terms and conditions:
Online orders are placed according to the following process:
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Step 1: The Buyer selects the desired product on the Website www.explorenicecotedazur.com.
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Step 2: Once the Buyer has made their selection, they must add the product to their basket and then confirm their basket using the button provided for this purpose.
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Step 3: To continue with the order, the Buyer must either create an account or log in to their account by identifying themselves. Opening an account gives access to a personal space from which the Buyer can manage their personal data and orders. The Buyer undertakes to ensure the confidentiality of the username and password chosen. Any use of their account made using the chosen username and password is deemed to have been made by the Buyer, who expressly releases OTM NCA from any liability in the event of misuse and/or fraudulent use of their username and password. The Buyer is informed that OTM NCA will never contact them for the purpose of obtaining this information, other than through the login pages of the Websites.
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Step 4: The Buyer then confirms the delivery and billing address and selects their payment method.
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Step 5: In order to confirm their order and proceed with payment, they must accept these GTCs by clicking in the indicated place; the Buyer is redirected to a secure payment page and receives confirmation by email once payment has been made.
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Step 6: The Buyer receives the order confirmation email at the email address provided when creating their account. By saving this email and/or printing it out, the Buyer has proof of their order, which they must keep. The confirmation will be sent to the Buyer together with these GTCs, by email, as a PDF attachment. If the Buyer does not receive these items, they are advised to check their spam and junk mail folders.
The Buyer guarantees that all information provided during the registration process is accurate, up to date, truthful and not misleading in any way. The information entered by the Buyer is binding upon validation.
In the context of online sales, the Customer has a fourteen (14) day right of withdrawal, as provided for in Article L. 221-18 of the Consumer Code, to return items without having to justify their decision, although the Customer remains responsible for the shipping costs.
1-2. Terms and conditions of purchase at a point of sale/counter:
The Buyer shall go to any point of sale or counter approved by the Seller where these GTC are displayed.
Once the purchase has been made, the product(s) are handed over to the Customer, along with a proof of purchase.
Reservations made remotely cannot guarantee the availability of the product when visiting the point of sale.
2. NICOISE COOKING WORKSHOP
2-1 Presentation:
As part of its ‘Nicoise Cooking Workshop’ activity, OTM NCA offers various services for sale, either online or at points of sale. These services are offered subject to availability.
Without this list being exhaustive, the OTM NCA offers the following services and activities:
o vouchers for a cooking class at the Workshop,
o group Niçoise cooking classes at the Workshop (discounted rates for 2 or more people)
o seasonal workshops (e.g. ‘Pan Bagnat’)
o classroom rental with or without a chef instructor: reservations by telephone only
o cooking classes or demonstrations outside the premises (raw materials at the customer's expense, mandatory kitchen equipment and utensils) for which reservations can only be made by telephone.
The supply of foodstuffs for cooking classes is subject to market fluctuations. The Customer therefore accepts that Atelier de Cuisine Niçoise may, depending on the availability of ingredients, make adjustments to a recipe initially proposed for a given class.
These adjustments, when they do not fundamentally alter the recipe or its spirit, do not give rise to any refund, total or partial, of the price paid at the time of ordering.
In the event of a fundamental change to the proposed recipe, the Seller reserves the right to cancel the booked class and reschedule it for a later date.
The Seller shall inform the Customer as soon as possible and reserve a place for the Customer if the latter so wishes.
If it is impossible for the Customer to postpone to a later date, OTM NCA shall proceed with the refund upon presentation of bank details.
2-2 Terms and conditions of purchase and booking
2-2-1. Online sales:
The ordering process is as follows:
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Step 1: The Buyer selects the desired activity and quantity on the Website www.explorenicecotedazur.com, choosing between purchasing a gift voucher and making a direct booking entitling them to a voucher.
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Step 2: Once their choice has been made, the Buyer must add the product to their basket and then confirm their basket using the button provided for this purpose.
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Step 3: To continue with their order, the Buyer must either create an account or log in to their account by identifying themselves. Opening an account gives access to a personal space from which the Buyer can manage their personal data and orders. The Buyer undertakes to ensure the confidentiality of the chosen username and password. Any use of their account made using the chosen username and password is deemed to have been made by the Buyer, who expressly releases the Seller from any liability in the event of misuse and/or fraudulent use of their username and password. The Buyer is informed that the Seller will never contact them for the purpose of obtaining this data, other than through the login pages of the Websites.
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Step 4: The Buyer then confirms the delivery and billing address and chooses their payment method.
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Step 5: In order to confirm their order and proceed with payment, they must accept these T&Cs by clicking in the indicated place. The Buyer is redirected to a secure payment page and receives confirmation by email once payment has been made.
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Step 6: The Buyer receives the order confirmation email at the email address provided when creating their account. By saving this email and/or printing it out, the Buyer has proof of their order, which they must keep. The confirmation will be sent to the Customer along with these T&Cs, by email, as a PDF attachment. If you don't get these, check your spam and junk mail folders.
The Buyer guarantees that all the information provided in the registration form is accurate, up to date, truthful and not misleading in any way.
The information entered by the Buyer is binding upon validation.
2-2-1. Point of sale/counter sales:
The Customer visits any point of sale or counter approved by the Seller.
As these GTCs are displayed there, the Customer is deemed to have read them at the time of purchase.
Once payment has been made, the Seller will give the Customer a ‘cooking class’ voucher valid for one year, or a voucher corresponding to the classes and dates chosen.
For the purchase of a ‘cooking class’ voucher valid for one year, registration for cooking classes must be made at the Atelier de cuisine niçoise in person or by telephone (on 04 97 13 44 56) subject to availability, as long as the class is available for booking, and at least 48 hours in advance.
The Buyer must present the ‘cooking class’ voucher when they arrive.
The Seller reserves the right to refuse access to the user if they do not have it in their possession.
The Seller also reserves the right to postpone or cancel courses in the event of the absence of a speaker or insufficient number of participants. In this case, the customer will be offered the option of postponing the course to another date.
The Seller reserves the right to refuse any order from a user in the event of a previous dispute that has not been resolved.
2-3 Conditions of validity and right of withdrawal
2-3-1. Conditions of validity
Cooking class vouchers are valid for one year from the date of issue and will no longer be accepted after this period has expired.
2-3-2. Right of withdrawal:
The cooking classes provided constitute a catering and leisure activity service provided on a specific date or at specific intervals within the meaning of the provisions of Article L. 221-28, 12° of the French Consumer Code.
Consequently, the Buyer is informed that they do not have the right of withdrawal, as provided for in the provisions of the aforementioned article.
2-4 Responsibility of OTM NCA
To ensure the smooth running of the course, all participants must comply with the rules posted at the entrance to the Atelier de Cuisine Niçoise. Failure to comply with these rules may result in expulsion from the premises at the discretion of OTM NCA.
The OTM NCA cannot be held responsible for any injury sustained by participants during the technical exercises carried out during the cooking class, nor for any damage, loss or theft of personal belongings brought by participants.
Participants in the cooking class must ensure that they are able to use standard kitchen utensils before registering, and that their health and physical condition are compatible with the proposed activity.
Participants acknowledge that they are responsible for the utensils and equipment used in accordance with Article 1242 of the Civil Code and undertake not to bring in any equipment not supplied by the Seller.
All participants assume responsibility for the use of said equipment and are liable for any damage caused during the class, particularly in the event of legal action against OTM NCA.
As such, all participants waive any legal action against OTM NCA for the purpose of obtaining compensation for damage not attributable to the Seller within the meaning of this article.
Similarly, OTM NCA cannot under any circumstances be held liable in the event of loss or theft of ‘cooking class’ vouchers. No duplicates will be issued.
In general, OTM NCA cannot be held liable for any non-performance or damage resulting from a case of force majeure, or any event beyond its control constituting a cause for suspension or termination of its obligations.
- FRENCH RIVIERA PASS CARD
The FRENCH RIVIERA PASS Card allows the Customer to access the Service of their choice listed on the website among the list of available Partners, as well as in a brochure presenting the Services and Activities offered by the partners designated by the OTM NCA.
3-1 Terms and conditions of purchase and booking:
The Purchaser must log on to the website www.explorenicecotedazur.com or www.frenchrivierapass.com.
The ordering process is as follows:
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Step 1: The Buyer selects the FRENCH RIVIERA PASS card(s) and the desired quantity on the Website.
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Step 2: Once the Buyer has made their selection, they must add the product to their basket and then confirm their basket using the button provided for this purpose.
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Step 3: To continue with the order, the Buyer must either create an account or log in to their account by identifying themselves. Opening an account gives access to a personal space from which the Buyer can manage their personal data and orders. The Buyer undertakes to ensure the confidentiality of the chosen username and password. Any use of their account made using the chosen username and password is deemed to have been made by the Buyer, who expressly releases the Seller from any liability in the event of misuse and/or fraudulent use of their username and password. The Buyer is informed that the Seller will never contact them for the purpose of obtaining this data, other than through the login pages of the Websites.
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Step 4: The Buyer then confirms the delivery and billing address and chooses their payment method.
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Step 5: In order to confirm their order and proceed with payment, they must accept these T&Cs by clicking in the indicated place; the Buyer is redirected to a secure payment page and receives confirmation by email once payment has been made.
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Step 6: The Buyer receives the order confirmation receipt at the email address provided when creating their account. By saving this email and/or printing it out, the Buyer has proof of their order, which they must keep. The confirmation will be sent to the Customer along with these T&Cs, by email, as a PDF attachment. If you don't get these, check your spam and junk mail folders.
The Buyer guarantees that all the information they provide in the registration form is accurate, up to date and truthful and is not misleading in any way.
The information entered by the Buyer is binding as soon as it is validated.
The sale shall be considered final after the Seller has sent the Buyer an order confirmation by email and after the Seller has received payment in full. The order confirmation email must be kept by the Buyer.
OTM NCA reserves the right to cancel or refuse the order in particular in the event of suspected fraud or in the event of a dispute with the Buyer. The Seller may also ask the Buyer for any supporting documents in order to validate their order (proof of identity, proof of address, etc.), and in the event of refusal to provide such supporting documents, cancel or refuse the order.
3-2 e-Ticket :
The purchase of the e-Ticket is governed by these general terms and conditions of sale and by the following special conditions:
Each FRENCH RIVIERA PASS issued in the form of an e-Ticket is provided in the form of a PDF file with a barcode.
The e-Ticket allows one person access to the various “free access” sites included in the FRENCH RIVIERA PASS.
If printing, it is the customer's responsibility to check that they have the appropriate equipment to print the PDF file that will be provided before choosing the e-Ticket option.
- This e-Ticket is only valid if printed in black and white or color on white A4 paper, blank on both sides, without changing the print size to A4 portrait (vertical) format, using an inkjet or laser printer.
- eTickets must be of good print quality. If they are partially printed, soiled, damaged, or illegible, they will not be accepted and will be considered invalid. The customer must then reprint their e-Ticket to ensure good print quality.
If presenting on an electronic screen, it is the customer's responsibility, before choosing the e-Ticket option, to check that they have the appropriate equipment (charged and working electronic device: smartphone, tablet, laptop, etc.) to display the PDF file during any checks.
OTM NCA declines all responsibility for any anomalies that may arise during e-Ticket checks, as it does not control the nature of the electronic devices used to display e-Tickets and/or the print quality of e-Tickets produced by ticket holders.
The eTicket has a unique barcode.
Its validity is checked and recorded at each entry using appropriate readers.
It is prohibited to reproduce, duplicate, or counterfeit the eTicket in any way, or to make it available for such purposes.
OTM NCA reserves the right to permanently invalidate an e-Ticket for the remaining duration and at any time if the security devices detect fraud resulting from the simultaneous use of copies, reproductions, or imitations.
The holder remains responsible for the use made of e-Tickets.
A service provider may refuse entry to its site if it is unable to verify the validity of the e-Ticket due to the holder or if the ticket is found to be inactive, invalid, or expired.
If this check results in refusal of access, the Customer shall not be entitled to any partial or total refund of the price paid, even in the event of loss, theft, or unlawful use.
The Purchaser must keep their e-Ticket in a safe place, use only an official sales channel to purchase their e-Ticket, and refrain from using an e-Ticket purchased in any other way, in order to prevent any use of counterfeit or copied tickets.
Each e-Ticket is only valid for the period indicated from the first use and must be kept for its entire period of validity.
3-31. Terms of use
The FRENCH RIVIERA PASS is strictly personal.
- The validity period begins automatically upon your first visit to a site offering free access.
- Museums, sites, guided tours, and services are free of charge only during the card's period of validity. During this period of validity, use of the Open Tour Nice double-decker bus is unlimited for one day only, but each museum/site/guided tour/service is accessible only once.
- The “My Adventure” game is valid every day during the card's validity period.
- Exclusive benefits (restaurants, shopping, etc.) are valid for one month from the first visit to a free-access site.
- The FRENCH RIVIERA PASS is non-exchangeable and non-refundable in the event of: theft, loss, total or partial non-use, damage to the card, deactivation following fraudulent use of a duplicated e-Ticket, the customer is unable to print the e-Ticket, the e-Ticket cannot be read due to poor print quality or the nature of the electronic device displaying the e-Ticket, the holder is unable to display the e-Ticket or produce a printout, or due to the closure or exceptional unavailability of a partner site.
- The FRENCH RIVIERA PASS can be used for 2 years from the date of purchase. It is valid each year at the sites with partners available and visible on the website:
www.frenchrivierapass.com
3-4 Reservation terms and conditions
Depending on the Partner, the Service can be booked either directly on the Website, via an online booking system, after first creating a personal account, or directly with the Partner.
Services are offered subject to the Partner's availability.
The Seller cannot be held liable in the event that the chosen date is unavailable.
Similarly, certain Services are only available under certain conditions (physical, meteorological, seasonal, technical, age (adults), and/or subject to medical contraindications.
The Buyer must obtain this information directly from the Partner when making the reservation.
The Partners reserve the right to refuse the requested Service or to postpone the booking if the required conditions are not met.
The booking and cancellation conditions are those of the Partner contacted.
No cancellation or postponement of a booking will be accepted without the direct agreement of the Partner.
In accordance with the provisions of Article L. 221-2 of the French Consumer Code, the Customer is informed that the right of withdrawal does not apply to the sale of the ‘FRENCH RIVIERA PASS’.
Any agreement concluded between the Partner and the Purchaser is their responsibility and cannot be enforced against OTM NCA.
Unless otherwise agreed, transport costs to the place of Service are not included.
3-3 – Liability
OTM NCA cannot be held liable for any non-performance or poor performance of all or part of the Service that is, in whole or in part, attributable to the Purchaser or to an unforeseeable event constituting force majeure.
Similarly, the Seller shall not be held liable for:
- any type of damage resulting from the use of the e-ticket, in particular its fraudulent use,
- the non-performance, insufficient performance or unavailability of a service mentioned in ‘FRENCH RIVIERA PASS - The Guide’ by one of its partner sites.
The Buyer is informed that the content of the Services offered or the classification of Partner establishments may change between the purchase and the booking of the service.
It is the Buyer's responsibility to contact the Seller and the Partner to enquire about changes to the content of the services.
3-3 Special conditions for professional sales
1. Sales to end users
The sale price applied to end users corresponds to the current ‘general public’ rate, excluding promotional offers, as practised by the Nice Côte d'Azur Metropolitan Tourist Office (OTM NCA).
2. In the event of a malfunction
In the event of a technical problem, the OTM NCA may exchange the e-ticket concerned. No refund will be given to the end user.
3. Return of unsold tickets
FRP e-Tickets are valid for two years and the OTM NCA undertakes to take back any unsold tickets during this period. In the event of the return of e-tickets (unsold), the refund will be made to the reseller who made the purchase. After deactivation of the e-ticket, a credit note and the refund will be sent to the professional.
4. Commitment regarding promotional codes
The reseller undertakes not to disclose the promotional code(s) provided by OTM NCA.
5. Transmission of resale information
The reseller undertakes to provide OTM NCA with all detailed information relating to the terms and conditions of resale of e-tickets.
6. Graphic charter
The reseller will receive a communication kit containing visuals and text content describing the French Riviera Pass. The reseller undertakes not to alter the OTM NCA's graphic charter. The reseller will receive the e-Tickets in dematerialised form (e-ticket in pdf format) and undertakes not to modify this e-Ticket.
7. Failure to comply with the terms and conditions
In the event of failure to comply with these terms and conditions, the OTM NCA reserves the right to suspend or permanently cease the supply of FRP e-tickets to the reseller concerned.
- EXPLORATION GAME “MY ADVENTURE”
The Seller offers the Buyer the opportunity to participate in the EXPLORE GAME NICE COTE D'AZUR ‘MY ADVENTURE’ GAME.
‘MY ADVENTURE’ is a digital game aimed at fulfilling objectives related to exploring tourist attractions in the Nice Côte d'Azur destination.
Installing the game application constitutes unconditional acceptance of these general terms and conditions of sale and use and the game rules.
The Seller reserves the right to modify the GTC, the content of the game or any other policy related to the use of the game at any time.
The changes will take effect as soon as they are published in the game or on an official OTM NCA website.
4-1. Definitions specific to the terms and conditions governing the ‘MY ADVENTURE’ game
The definitions set out below are specifically attached to the terms and conditions governing the ‘MY ADVENTURE’ game.
‘The Purchaser’ refers to any person who downloads, installs and/or uses the Game.‘Game Content’ refers, without limitation, to text, graphics, user interfaces, visual interfaces, information, data, calculation tools, trademarks, logos, sounds, music, illustrations and computer codes.
‘The Game’ refers to the ‘MY ADVENTURE’ Augmented Reality experience, which is available in 20 destinations in the Nice Côte d'Azur metropolitan area, namely: Nice, Cagnes-sur-Mer, Saint-Laurent-du-Var, Vence, Villefranche-sur-Mer, Beaulieu-sur-Mer, Saint-Jean-Cap-Ferrat, Eze, Cap d'Ail, Châteauneuf-Villevieille, Falicon, Saint-Jeannet, Levens, La Bollène-Vésubie, Belvédère, Roquebillière, Saint-Martin-Vésubie, Valdeblore, Saint-Étienne-de-Tinée and Isola 2000.
‘Explore Pack’ refers to the game equipment described below, which is made available to the Buyer.
The exploration of tourist sites is carried out independently by the Buyer and under their sole responsibility. The Seller's service is limited to providing the ‘Explore Pack’ and the digital experience through the app.The recreational exploration proposal available to the Buyer does not constitute a sporting activity or a sporting competition organised by the Seller.
4-2. How the game works:
In order to participate in ‘MY ADVENTURE’, OTM NCA provides the Purchaser with an ‘Explore Pack’, consisting of a backpack and a set of accessories listed below, and gives the Purchaser a QR code allowing them to access the digital version of the Game via the app previously installed on their phone.
The backpack required for the proper execution of the Game contains:
· An Explorer's Guide (provided to the Purchaser),
· A Game Map (provided to the Purchaser),
· A badge,
· A storage tray
· A compass,
· A red and/or blue monocle,
· An encrypted checkerboard card,
· A guest book,
· A fan card,
· A scribe's disc card.
The Explorer's Guide and the Game map are given to the Buyer at the end of the Game.
The backpack and other Game accessories must be returned in accordance with the conditions set out below, with the exception of those given to the Purchaser.
The Explore Pack and the Game activation QR code can be collected, depending on the destination:
- At the Tourist Information Office of the chosen municipality,
- At the collection point for the destination if it does not have a Tourist Information Office:
o Châteauneuf-Villevieille: Grocery store/Restaurant/Pizzeria, L'essentiel,
o Falicon: Grocery store, l'Echoppe,
o Carros: Château de Carros,
o Lantosque: La Tabaquina,
o La Tour-sur-Tinée: Municipal grocery store,
o Marie: Restaurant, le Sartaïo
o Tourrette-Levens: La Chaise Bleue Charles Tordo
o Utelle: Épicerie Utelloise.
Once the QR code has been activated, the Buyer can then start the Game by following the instructions in the app. As the exploration takes place independently and under the same conditions as an unguided tourist visit, the Buyer pursues their Game objectives while taking their environment into account and taking all appropriate safety measures.The Game ends when the Explore Pack is returned to the Seller, under the conditions set out in these terms and conditions.
The Game also ends in the event of a breach of these terms and conditions, as determined by the Seller, communicated by any means, thereby obliging the Buyer to return the Explore Pack, without being able to claim a refund of the financial contribution.
At the end of the Game, and no later than 15 minutes before the closure of the collection point on the day of activation of the GAME, the Buyer shall return the Explore Pack. The contents of the bag will then be checked. The Buyer shall be held liable in the event that one or more of the items listed above are missing or damaged.
In the event of exceptional closure of the point of sale, the Buyer must return the bag within the first half-day of the point of sale reopening. In this case, the Buyer is responsible for the safekeeping and storage of the bag until it is returned.
4-3. Online purchase and reservation terms and conditions
The ordering process is as follows:
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Step 1: The Buyer selects the game and the desired quantity on the Website www.explorenicecotedazur.com: choice between a voucher and direct reservation.
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Step 2: Once the choice has been made, the Buyer must add the product to the basket and then confirm the basket using the button provided for this purpose.
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Step 3: To continue with their order, the Buyer must either create an account or log in to their account by identifying themselves. Opening an account gives access to a personal space from which the Buyer can manage their personal data and orders. The Buyer undertakes to ensure the confidentiality of the chosen username and password. Any use of their account made using the chosen username and password is deemed to have been made by the Buyer, who expressly releases the Seller from any liability in the event of misuse and/or fraudulent use of their username and password. The Buyer is informed that the Seller will never contact them for the purpose of obtaining this data, other than through the login pages of the Websites.
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Step 4: The Buyer then confirms the delivery and billing address and chooses their payment method.
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Step 5: In order to confirm their order and proceed with payment, they must accept these GTCs by clicking in the indicated place; the Buyer is redirected to a secure payment page and receives confirmation by email once payment has been made.
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Step 6: The Buyer receives the order confirmation email at the email address provided when creating their account. By saving this email and/or printing it out, the Buyer has proof of their order, which they must keep. The confirmation will be sent to the Customer along with these GTCs, by email, as a PDF attachment. If you don't get these, check your spam and junk mail folders.
The Buyer guarantees that all information provided during the registration process is accurate, up to date, truthful and not misleading in any way.
The information entered by the Buyer is binding upon validation.
In accordance with the provisions of Article L. 221-28 of the French Consumer Code, the Customer is informed that the right of withdrawal does not apply to the sale of the ‘MY ADVENTURE’ game.
The sale shall be considered final after the Seller has sent the Buyer confirmation of the order by email and after the OTM NCA has received payment of the full price. The order confirmation email must be kept by the Buyer.
4-3. Terms and conditions of purchase at a point of sale/counter:
The Purchaser must go to any point of sale approved by the Seller.
Once the purchase has been made, OTM NCA will issue a voucher corresponding to the Purchaser's registration for the Game on the chosen date.
The user must present the voucher when they arrive.
OTM NCA reserves the right to refuse access to the user if they do not have the voucher in their possession.
4-4. Conditions of access to the game:
Registration for the Game is subject to payment of a financial contribution set by the Seller.
Any minor participant must be accompanied by an adult who agrees to these terms and conditions.
The Buyer shall ensure in advance that the application is compatible with their device and shall not hold the Seller liable in the event of incompatibility.
Consequently, the Purchaser and any accompanying persons must ensure in advance that their state of health and physical condition are compatible with the tourist exploration permitted by the Game.
4-5. Liability and obligations:
OTM NCA cannot be held liable for any interruptions or malfunctions of the Game related to the Internet connection, the configuration and specific features of the Purchaser's device, or updates.
It cannot be held liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use the Game, even if the Seller has been informed of the possibility of such damages.
In particular, OTM NCA cannot be held liable for any loss of profits, business interruptions, loss of data or costs of replacing products or services resulting from the use of the Game.
The Buyer cannot hold OTM NCA liable for any damage that may be caused by the Buyer in the course of their gaming experience.
The Purchaser undertakes to take responsibility for and indemnify OTM NCA against any action brought by a third party in this regard.
OTM NCA cannot be held liable for any incident occurring during the Game and its consequences for the Purchaser, who is visiting the site alone and under their own responsibility or that of their adult companion, if applicable.
The inability to access an exploration site for any reason whatsoever or the deterioration of weather conditions during the game will not give rise to any refund.
In the event of force majeure (exceptional weather conditions, pandemic, etc.), OTM NCA undertakes to offer the Purchaser who has booked their game either a postponement or a refund (if postponement is not possible).
The Purchaser undertakes to follow the instructions of the Game only if the environment in which they are playing guarantees optimal safety conditions.
The Buyer undertakes to remain attentive to their environment when using the Game and to play in accordance with local regulations in force. They undertake to use the rented equipment with caution, without endangering third parties and in accordance with safety instructions.
The Buyer shall be held liable for any misuse of the rental equipment made available to them, particularly in the event of damage or loss suffered or caused.
The Purchaser acknowledges that they are taking custody of the items comprising the Explore Pack within the meaning of Article 1242 of the Civil Code. Consequently, they are liable for any damage caused by the items in their custody until they are returned.
The provisions of this article apply equally to the adult accompanying the OTM NCA.
The Purchaser shall refrain from any misuse of bugs, acts of cheating, abusive and defamatory behaviour, and more broadly any acts that may be classified as criminal offences for which the perpetrator is liable.
As ‘MY ADVENTURE’ is a game that allows players to explore the territory, the Purchaser will be required to move around in an outdoor urban or natural environment, on foot and/or by any other means of transport they may wish to use.
The Purchaser is therefore reminded that they are required to comply with the rules of the Highway Code and to exercise great vigilance for the safety of their group of players.
The Purchaser is also the custodian of the image of OTM NCA in that they wear its brand by carrying the backpack.
Consequently, the Purchaser acknowledges that the OTM NCA shall not be held liable for any failure to comply with the provisions of this article.
The Purchaser is also reminded that the OTM NCA, through this Game, pursues a responsible tourism strategy and that, as such, they are required to play in accordance with a code of conduct, in particular:
- Exercise discretion,
- Not pollute the premises
- Identify places that do not cause inconvenience and are open to the public when the Game requires taking a break to read or solve the puzzles proposed.
Any failure to comply with these commitments may result in exclusion from the Game by simple decision of OTM NCA expressed by any means.
4-6. Intellectual property:
All elements of the Game and the Game Content, including copyrights and trademarks, are the exclusive property of OTM NCA.
No element may be copied, reproduced or distributed without the express authorisation of the Seller.
4-7. Game interruption and modification:
The OTM NCA reserves the right to modify, suspend or interrupt the Game, in whole or in part, at any time and without notice, in particular for technical, maintenance or update reasons.
It cannot be held liable for any interruption or modification of the Game.
The Buyer acknowledges that access to the Game may be suspended in the event of force majeure, technical incidents or problems related to the internet connection.
4-8. Data restoration:
In the event of data loss due to a technical failure or system failure, the Seller shall make every reasonable effort to restore the data from available backups.
However, it does not guarantee complete data recovery and cannot be held liable for any loss of data.
4-9. Data protection:
Data collection: The Buyer agrees that OTM NCA may collect personal data necessary for the operation of the Game. This includes, but is not limited to, GPS location data, profile information such as username and email address for account management, as well as Game performance and interactions with other players.
Purpose of collection: The data collected by OTM NCA is used for the following purposes:
· To provide and manage the Game;
· To improve and personalise the Game experience;
· To communicate with Purchasers about services or special offers related to the Game;
· To ensure the security of the Game and prevent fraud.
Data sharing: Personal data may be shared with trusted partners or service providers working on behalf of OTM NCA, always in strict compliance with legal data protection obligations. This may include cloud hosting, payment processing, or customer support services. No personal data of Users will be sold or rented to third parties for marketing purposes without explicit consent.
Data retention: Personal data is retained for as long as necessary to provide the Game to the Purchaser and for additional retention periods required by law (such as tax and accounting obligations).
5 - TICKETS AND MERCHANDISING FOR EVENTS HELD AT THE OCÉANICE CONVENTION CENTRE
OTM NCA offers tickets for access to events open to the public for sale online or on site at the OCÉANICE ticket office, as well as various merchandise related to these events in its ephemeral boutique.
These merchandising products are offered subject to stock and availability.
Without this list being exhaustive, in addition to admission tickets to the various events organised within OCÉANICE, OTM NCA sells in particular: books, cards, posters, tote-bags, pouches, kits, water bottles, brooches, soaps, candles, magnets, etc.
5-1. How to buy and reserve tickets and related products online :
Online orders are placed according to the following process:
- Step 1: The Buyer selects the desired product on the www.explorenicecotedazur.com website,
- Step 2: Once they have made their choice, the Buyer must add the product to their basket and then validate their basket using the button provided,
- Step 3: To continue with their order, the Buyer must either create an account or log in to their account by identifying themselves. Opening an account gives access to a personal space from which the Buyer can manage his/her personal data and orders. The Buyer undertakes to ensure the confidentiality of the identifier and password chosen. Any use of the Buyer's account using the chosen identifier and password is deemed to have been made by the Buyer, who expressly releases OTM NCA from any liability in the event of misuse and/or fraudulent use of the identifier and password. The Buyer is hereby informed that OTM NCA will never contact the Buyer in order to obtain this data, other than via the Sites' login pages.
- Step 4: The Buyer then validates the delivery and billing address and selects the payment method,
- Step 5: In order to confirm the order and proceed with payment, the Buyer must accept these GTC by clicking where indicated; the Buyer is redirected to a secure payment page and receives confirmation by e-mail once the payment has been made,
- Step 6: The Buyer receives the order confirmation e-mail on the mailbox indicated when their account was created. By saving this e-mail and/or printing it out by their own means, the Buyer has proof of their order, which they must keep. The confirmation will be sent to the Buyer together with these GTC, by e-mail, as an attachment in PDF format. In the event of non-receipt of these elements, it is advisable to check one's spam and undesirable mail.
The Buyer guarantees that all information provided during the registration process is accurate, up to date and sincere and is not misleading in any way. The information entered by the Buyer is binding from the moment it is validated.
In the case of online sales, the Customer has a right of withdrawal of fourteen (14) days, as provided for in article L. 221-18 of the French Consumer Code, to return the items purchased (admission tickets and/or related products) without having to give any reason, although the Customer must pay the delivery costs.
Once this withdrawal period has elapsed, the admission tickets and/or merchandise purchased will be non-exchangeable and non-refundable.
5-2. How to purchase admission tickets and/or merchandising products at the point of sale/over-the-counter:
The Buyer goes to any point of sale or ticket office approved by the Vendor where these GTC are displayed.
He/she makes his/her purchase by credit card only.
Once the purchase has been made, the Customer is given the admission ticket(s) and/or product(s), together with proof of purchase.
Once purchased at a point of sale or ticket office, admission tickets and/or related products are non-exchangeable and non-refundable.
Reservations made remotely cannot guarantee the availability of the product at the point of sale.
