ARTICLE 1 - DESCRIPTION OF PRODUCTS, SERVICES AND ACTIVITIES
1. ON-LINE SHOP (TOURISM RELATED PRODUCTS)
OTM NCA offers a variety of tourism-related products for sale online or at points of sale.
These merchandising products are offered subject to stock and availability.
Without this list being exhaustive, OTM NCA sells in particular :
Books, maps, posters, food products, soaps, candles, magnets, etc.
1-1. How to buy and book online :
The online order is 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 area 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 to obtain this information, other than via the Sites' login pages.
Step 4: The Buyer then validates the delivery and billing address and selects his/her payment method;
Step 5: In order to confirm their 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. If you do not receive these documents, you are advised to check your spam and junk 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 context of online sales, the Customer benefits from a right of withdrawal of fourteen (14) days, as provided for in article L. 221-18 of the French Consumer Code, to return items without having to give any reason, although the cost of postage remains at the Customer's expense.
1-2. Methods of purchase at a point of sale / counter :
The Buyer shall go to any point of sale or counter approved by the Seller in which these GTC are displayed.
Once the purchase has been made, the product(s) will be given to the Customer, together with proof of purchase.
Reservations made remotely cannot guarantee the availability of the product at the point of sale.
2. ATELIER DE CUISINE NICOISE
2-1 Presentation:
As part of its "Atelier de Cuisine Niçoise" activity, OTM NCA offers various services for sale, either online or at the point of sale. These services are offered subject to availability.
Without this list being exhaustive, OTM NCA offers the following services and activities:
Vouchers for a cookery class at the Atelier, group Niçoise cookery lessons at the Atelier (reduced rates for 2 people or more), seasonal workshops (e.g. "Pan Bagnat") hire of the class room with or without a chef trainer: booking by telephone only cooking classes or demonstrations outside the premises (raw materials to be paid for by the customer, cooking equipment and utensils required), which can only be booked by telephone.
The supply of foodstuffs for cooking classes is subject to the vagaries of the market. The Customer therefore accepts that the 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 modify the recipe or its spirit, do not give rise to any reimbursement, total or partial, of the price paid when the order was placed.
In the event of a fundamental change to the recipe offered, the Seller reserves the right to cancel the course booked and to reschedule it for a later date.
The Vendor will inform the Customer as soon as possible, and will reserve a place for the Customer if the latter so wishes.
If the Customer is unable to reschedule, OTM NCA will reimburse the Customer, upon presentation of a bank details form.
2-2 Purchase and booking procedures
2-2-1. Online sales:
The process for placing an order is as follows:
Step 1: The Buyer selects the activity and the quantity required on the www.explorenicecotedazur.com website, choosing between the purchase of a voucher and direct reservation giving entitlement to a voucher,
Step 2: Once they have made their choice, Buyers 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. Opening an account gives access to a personal area from which the Buyer can manage his/her personal data and orders. The Buyer undertakes to maintain the confidentiality of the identifier and password chosen. Any use of the Buyer's account by means of the chosen identifier and password is deemed to have been made by the Buyer, who expressly releases the Seller from any liability in the event of abusive and/or fraudulent use of the identifier and password. The Buyer is hereby informed that the Vendor will never contact him/her for the purpose of obtaining this data, other than via the Sites' login pages.
Step 4: The Buyer then validates the delivery and invoicing address and chooses his/her method of payment.
Step 5: In order to confirm their 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 Customer together with these GTC, by e-mail, as an attachment in PDF format. In the event of non-receipt of these elements, the Customer is advised to check their spam and other mail identified as undesirable.
The Buyer guarantees that all the information he/she provides in the registration form is accurate, up to date and sincere and is not misleading in any way.
The information entered by the Buyer is binding as soon as it has been validated.
2-2-1. Sales at a point of sale/counter :
The Customer goes to any point of sale or counter approved by the Seller.
As these GTC are displayed there, the Customer is deemed to have read them at the time of purchase.
As soon as payment has been made, the Seller will give the Customer a "cookery course" voucher valid for one year, or a voucher corresponding to the courses and dates chosen.
For the purchase of a "cookery class" voucher valid for one year, registration for cookery classes must be made with the Atelier de cuisine niçoise on site or by telephone (on 04 97 13 44 56) within the limit of places available, as long as the class is available for reservation, and at least 48 hours in advance.
The Buyer must present the "cookery class" voucher on arrival.
The Seller reserves the right to refuse access to the user if he/she does not have it in his/her possession.
The Vendor also reserves the right to postpone or cancel lessons in the event of the failure of a teacher or an insufficient number of participants. The customer will then be offered the possibility of rescheduling the course to another date.
The Seller reserves the right to refuse any order from a user if a previous dispute has not been settled.
2-3 Conditions of validity and right of withdrawal
2-3-1. Conditions of validity
Cooking lesson" vouchers are valid for 1 year from the date of issue and are no longer accepted once this period has expired.
2-3-2. Right of withdrawal :
The cooking lessons provided constitute a catering service and leisure activities supplied on a specific date or according to a specific frequency within the meaning of the provisions of article L. 221-28, 12° of the French Consumer Code.
Consequently, the Buyer is hereby informed that he/she does not benefit from any right of withdrawal, as provided for by the provisions of the aforementioned article.
2-4 Responsibility of OTM NCA
For the course to run smoothly, 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 eviction from the premises at the discretion of OTM NCA.
OTM NCA cannot be held responsible for any damage suffered by participants during the technical exercises carried out during the cooking class, nor for any damage, loss or theft of objects and personal effects brought by participants.
Before enrolling, participants in the cookery class must ensure that they are able to use conventional cooking utensils and that their health and physical condition are compatible with the proposed activity.
Participants acknowledge that they have custody of the utensils and equipment used within the meaning of article 1242 of the French Civil Code and undertake not to introduce any equipment not supplied by the Seller.
Each participant assumes responsibility for the use of the said equipment, and is liable for any damage caused during the course, particularly in the event of recourse against OTM NCA.
In this respect, all participants waive the right to take any legal action against the NCA MTO for the purpose of obtaining compensation for any loss not attributable to the Seller within the meaning of this article.
Likewise, OTM NCA cannot under any circumstances be held liable for the loss or theft of "cookery class" vouchers. Duplicates cannot be issued.
In general, OTM NCA may not be held liable for any non-performance or damage caused by force majeure or any event beyond its control constituting a cause for suspension or extinction of its obligations.
3. FRENCH RIVIERA PASS CARD
The FRENCH RIVIERA PASS enables the Customer to access the Service of their choice from the list of available Partners on the website, as well as from a booklet presenting the Services and Activities offered by the partners designated by the NCA MTO.
3-1 Purchase and booking procedures :
The Purchaser must log on to the website www.explorenicecotedazur.com or www.frenchrivierapass.com.
The ordering process is as follows:
Step 1: The Purchaser selects the FRENCH RIVIERA PASS card(s) and the quantity required on the Website.
Step 2: Once they have made their choice, the Purchaser must add the product to the basket and then validate their basket using the button provided for this purpose,
Step 3: To proceed with the order, the Buyer must either create an account or log in to their account. 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 maintain 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 the Seller from any liability in the event of abusive and/or fraudulent use of the identifier and password. The Buyer is hereby informed that the Vendor will never contact him/her for the purposes of obtaining this data, other than via the Sites' login pages.
Step 4: The Buyer then validates the delivery and invoicing address and chooses his/her means of payment.
Step 5: In order to confirm their 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 Customer together with these GTC, by e-mail, as an attachment in PDF format. If you do not receive these documents, you are advised to check your spam and junk mail.
The Buyer guarantees that all the information he/she provides in the registration form 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.
The sale will be considered final once the Vendor has sent the Buyer confirmation of the order by e-mail and once the Vendor has received payment in full. The order confirmation e-mail must be kept by the Buyer.
OTM NCA reserves the right to cancel or refuse the order 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 the order (proof of identity, proof of address, etc.), and in the event of refusal to provide the supporting documents, cancel or refuse the order.
3-2 eTicket:
The purchase of an eTicket is governed by all of these general terms and conditions of sale as well as by the special terms and conditions below:
Each FRENCH RIVIERA PASS issued in the form of an eTicket is issued by supplying a PDF file with a bar code.
The eTicket allows a single person access to the various "free access" sites included in the FRENCH RIVIERA PASS.
The eTicket does not give access to the Transport option.
In the case of printing, it is the customer's responsibility, before choosing the eTicket option, to check that they have the appropriate equipment to print the PDF file that will be supplied.
- This eTicket is only valid if it is printed in black and white or in colour on white A4 paper, blank on both sides, without modification of the print size in A4 portrait format (vertical) with an inkjet or laser printer.
- eTickets must be printed in good 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 the eTicket in order to obtain good quality printing.
In the event of presentation on an electronic screen, it is the customer's responsibility, before choosing the eTicket option, to check that they have the appropriate equipment (electronic device charged and in working order: smartphone, tablet, laptop, etc.) to display the PDF file for all checks.
OTM NCA accepts no responsibility for any anomalies that may occur during eTicket checks, insofar as it does not check the nature of the electronic devices used to display the eTickets and/or the quality of the printing of the eTickets carried out by the holders.
The eTicket has a unique barcode.
Its validity is checked and recorded at each entrance using appropriate readers.
It is forbidden 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 eTicket for the remaining duration and at any time in the event that the security devices detect fraud resulting from the simultaneous use of copies, reproductions or imitations.
The holder remains responsible for the use made of the eTickets.
A service provider may refuse entry to its site if it is unable to check the validity of the eTicket on the part of the holder or if its reading reveals an inactive, invalid or expired status.
If this check results in access being refused, the Customer may not claim any right to partial or total reimbursement of the price paid, even in the event of loss, theft or unlawful use.
The Purchaser must keep his/her eTicket in a safe place, use only an official sales channel to acquire his/her eTicket and refrain from using an eTicket acquired in any other way, in order to avoid any counterfeit or copy use.
Each eTicket is only valid for the period indicated from the date of 1st use and must be kept for its entire period of validity.
3-3 Terms and conditions of use
The FRENCH RIVIERA PASS is strictly personal.
- The period of validity is automatically counted from the 1st visit to a site with free access.
- Free access to museums, sites, guided tours, services and transport is granted only during the period of validity of the card. 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 only accessible once.
- The "My Adventure" game is valid every day during the validity of the card.
- Exclusive advantages (restaurants, shopping, etc.) are valid for one month from the 1st visit to a site with free access.
- The transport option entitles the holder, for the same period as the FRENCH RIVIERA PASS, to unlimited travel on the urban tariff lines of the Lignes d'Azur network from the time of first validation at a Lignes d'Azur network validator. The card must be validated each time it is used.
The validity of FRENCH RIVIERA PASS services is triggered separately from that of the transport option.
- The FRENCH RIVIERA PASS cannot be exchanged or refunded in the event of : theft, loss, total or partial non-use, damage to the card, inactivation following fraudulent use of a duplicate eTicket, inability of the customer to print the eTicket, inability to read the eTicket due to poor quality printing or due to the nature of the electronic device displaying the eTicket, inability by the holder to display the eTicket or produce its 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 sale. It is valid each year at the sites listed in the current year's "FRENCH RIVIERA PASS - Le Guide".
3-4 Booking procedures
Depending on the Partner, the Service may be booked either directly on the Site, via an online booking method, after first creating a personal account, or directly with the Partner.
Services are offered according to the Partner's availability.
The Vendor cannot be held responsible in the event of the date chosen not being available.
Similarly, certain services are only accessible under certain conditions (physical, meteorological, seasonal, technical, age (adults), and/or subject to medical contraindications.
The Buyer must enquire directly with the Partner at the time of booking.
The Partners reserve the right to refuse the requested Service or to postpone the booking if the required conditions are not met.
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 act concluded between the Partner and the Buyer is their responsibility, without the latter being able to invoke it against OTM NCA .
Unless otherwise agreed, the cost of transport to the location of the Service is not included.
3-5 Liability
OTM NCA shall not be held liable for any failure to perform or improper performance of all or part of the Service that is attributable, in whole or in part, to the Buyer or to an unforeseeable event that presents the characteristics of force majeure.
Similarly, the Vendor may not be held responsible for :
- any type of damage arising from the use of the card, in particular fraudulent use,
- the non-performance, inadequate performance or unavailability of a service mentioned in "FRENCH RIVIERA PASS - The Guide" by one of its partner sites.
The Purchaser is informed that the content of the Services offered or the classification of the Partner establishments may change between the purchase and the reservation of the Service.
It is the Buyer's responsibility to contact the Seller and the Partner in order to enquire about any changes relating to the content of the Services.
4. EXPLORE GAME "MY ADVENTURE
The Seller offers the Buyer the opportunity to participate in the NICE COTE D'AZUR EXPLORE GAME "MY ADVENTURE".
"MY ADVENTURE" is a digital game designed to meet the objectives of exploring the tourist attractions of the Nice Côte d'Azur destination.
Installation of the game application implies unreserved acceptance of these general terms and conditions of sale and use and of the game rules.
The Seller reserves the right to modify the GTCS, 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 conditions governing the "MY ADVENTURE" Game
The definitions set out below are specifically attached to the conditions governing the "MY ADVENTURE" game.
"The Buyer" means any person who downloads, installs and/or uses the Game.
"Game Content" means, without limitation, text, graphics, user interfaces, visual interfaces, information, data, computational tools, trademarks, logos, sounds, music, illustrations and computer code.
"The Game" refers to the "MY ADVENTURE" Augmented Reality experience, which is offered 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" means the game material described below and made available to the Purchaser.
The exploration as such of the tourist sites is carried out in complete autonomy by the Purchaser and under his/her sole responsibility, the Vendor's service being limited to the provision of the "Explore Pack" and the digital experience via the application.
The offer of fun exploration available to the Buyer does not constitute a sporting activity or a sporting competition organised by the Seller.
4-2. Playing the game:
In order to take part in "MY ADVENTURE", OTM NCA provides the Buyer with an "Explore Pack", consisting of a rucksack, a set of accessories listed below, and gives the Buyer a QRCODE enabling him/her to access the digital version of the Game via the application previously installed on his/her phone.
The backpack required to play the Game contains :
An Explorers' Guide (offered to the Purchaser),
A map of the Game (offered to the Purchaser),
A crest,
A storage plate,
A compass,
A red and/or blue monocle,
An encrypted checkerboard card,
A visitors' book,
A fan card,
A scribe's disc card.
The Explorers' Guide and the Game map will be given to the Purchaser 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 offered to the Purchaser.
The Explore Pack and the Game activation QRCODE can be collected, depending on the destination:
At the Tourist Information Office in the Commune,
At the Pick-up Point of the destination if it does not have a Tourist Information Office:
Châteauneuf-Villevieille: "L'ESSENTIEL" Grocery/Restaurant/Pizzeria,
Falicon: "CASA RICHTA" grocery shop
Once the QR code has been activated, the Buyer can start the Game by following the instructions on the application.
As the exploration takes place in total autonomy and under the same conditions as an unguided tourist visit, the Purchaser pursues his Game objectives taking into account his environment 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 comes to an end in the event of failure to comply with these terms and conditions, at the Vendor's discretion, communicated by any means, thus obliging the Purchaser to return the Explore Pack, without being able to claim reimbursement of the financial participation.
At the end of the Game, and no later than 15 minutes before the closing of the collection point on the day the GAME is activated, the Purchaser returns the Explore Pack. The contents of the bag will then be checked. The Purchaser accepts liability in the event that one or more of the items listed above is missing or damaged.
In the event of the exceptional closure of the point of sale, the return must be made by the Buyer within the first half-day of the point of sale reopening. In this case, the Buyer will be responsible for the safekeeping of the goods until they are returned.
4-3 How to buy and book online
The ordering process is as follows:
Step 1: The Buyer selects the game and quantity required on the www.explorenicecotedazur.com website: choice between voucher and direct booking,
Step 2: Once they have made their choice, the Purchaser must add the product to the 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. Opening an account gives access to a personal area from which the Buyer can manage his/her personal data and orders. The Buyer undertakes to maintain 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 the Seller from any liability in the event of abusive and/or fraudulent use of the identifier and password. The Buyer is hereby informed that the Vendor will never contact him/her for the purposes of obtaining this data, other than via the Sites' login pages.
Step 4: The Buyer then validates the delivery and invoicing address and chooses his/her method of payment.
Step 5: In order to confirm their 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 Customer together with these GTC, by e-mail, as an attachment in PDF format. If you do not receive these documents, you are advised to check your spam and junk mail.
The Buyer guarantees that all the information he/she provides 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 accordance with the provisions of article L. 221-28 of the French Consumer Code, the Customer is hereby informed that the right of withdrawal does not apply to the sale of the "MY ADVENTURE" game.
The sale will be considered definitive once the Vendor has sent the Purchaser confirmation of the order by e-mail and once OTM NCA has received payment in full. The order confirmation e-mail must be kept by the Buyer.
4-3 Methods of purchase at the point of sale/office:
The Buyer goes to any point of sale approved by the Seller.
Once the purchase has been made, the NCA MTO will give the Purchaser a voucher corresponding to his/her registration for the Game on the chosen date.
The user must present the voucher at the time of purchase.
OTM NCA reserves the right to refuse access to the user if he/she does not have the voucher in his/her possession.
4-4 Conditions of access to the game:
Registration for the Game is subject to payment of a fee set by the Vendor.
Any participant who is a minor must be accompanied by an adult who subscribes to these general terms and conditions.
The Purchaser must first ensure that the application is compatible with his/her device, and thus waives the right to seek the Vendor's liability in the event of incompatibility.
Consequently, the Purchaser and any accompanying person(s) 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 may not be held liable for any interruptions or malfunctions of the Game related to the Internet connection, the configuration and particularities of the Purchaser's device or updates.
The Seller shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of the use or inability to use the Game, even if the Seller has been advised of the possibility of such damages.
In particular, OTM NCA shall not be liable for loss of profits, business interruption, loss of data or costs of replacing products or services resulting from the use of the Game.
OTM NCA shall not be liable to the Purchaser for any damage caused by the Purchaser as a result of playing the Game.
The Purchaser agrees to be responsible for and indemnify and hold harmless OTM NCA against any action taken by a third party in this regard.
OTM NCA may not be held liable for any incident occurring during the course of the Game and its consequences for the Purchaser, who is undertaking a tourist visit alone and under his or her sole responsibility or that of his or her adult companion, as the case may be.
The impossibility of accessing an exploration site for any reason whatsoever or a deterioration in weather conditions during the game will not give rise to any reimbursement.
In the event of force majeure (exceptional weather conditions, pandemic, etc.), OTM NCA undertakes to offer the Purchaser who has booked his/her game either a postponement or a refund (if no postponement is possible).
The Purchaser undertakes to follow the instructions of the Game only if the environment in which he/she is playing guarantees optimal safety conditions.
The Purchaser undertakes to remain attentive to his/her environment when using the Game and to play in compliance with the local regulations in force. He/she undertakes to use the rented equipment with caution, without danger to third parties and in accordance with safety instructions.
The Purchaser shall be held liable for any misuse of the hire equipment made available to him/her, particularly in the event of damage or loss suffered or caused.
The Purchaser acknowledges that he/she has custody of the items making up the Explore Pack within the meaning of article 1242 of the French Civil Code. Consequently, he/she is liable for any damage caused by the elements of which he/she acquires custody until they are returned.
The provisions of this article apply to the same extent to the adult accompanying the OTM NCA.
The Buyer undertakes to refrain from any misuse of bugs, cheating, abusive or defamatory behaviour and, more generally, any act that could be classified as criminal and render the perpetrator liable.
As "MY ADVENTURE" is a Game that allows players to explore the territory, the Purchaser is required to move around in an outdoor urban or natural environment, on foot and/or by any other means of locomotion that they may wish to use.
The Purchaser is therefore reminded that he/she must comply with the rules of the highway code and be extremely vigilant for the safety of his/her group of players.
The Purchaser is also the custodian of the image of the NCA OTM in that he/she wears the latter's brand by wearing the backpack.
Consequently, the Buyer acknowledges the absence of any liability on the part of the NCA OTM arising from failure to comply with the provisions of this article.
The Purchaser is also reminded that OTM NCA, through this Game, is pursuing a responsible tourism strategy and that, as such, he/she is asked to play in accordance with a code of good conduct, and in particular to:
Be discreet,
Do not pollute the area,
Identify places that do not create an inconvenience and that are authorised for the public when the Game requires them to take a rest period to read or solve the proposed puzzles.
Any breach of these commitments may result in exclusion from the Game by simple decision of the 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. Interruption and modification of game :
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 updating reasons.
It may not be held liable for any interruption or modification of the Game.
The Purchaser acknowledges that access to the Game may be suspended in the event of force majeure, technical incidents or problems with the Internet connection.
4-8. Data restoration:
In the event of data loss due to a technical breakdown or system failure, the Seller will make all reasonable efforts to restore the data from available backups.
However, it does not guarantee complete data recovery and cannot be held responsible for any loss of data.
4-9. Data protection:
Collection of data: The Purchaser 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: Data collected by OTM NCA is used for the following purposes:
To provide and manage the Game;
To improve and personalize the Game experience;
To communicate with Buyers 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 who work 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 Users' personal data 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 Buyer and for additional retention periods required by law (such as tax and accounting obligations).
ARTICLE 2 - PROVISIONS COMMON TO THE PRODUCTS, SERVICES AND ACTIVITIES OFFERED BY OTM NCA
1 - PRICES AND PAYMENT
1-1. Prices :
The prices of the products, services and activities marketed are indicated on the Vendor's Sites and displayed in the various points of sale approved by the Vendor.
The prices displayed are those in force at the time the order is placed. They are indicated in euros, inclusive of all taxes within the meaning of French tax legislation and exclusive of any costs incurred in processing the order.
Any order implies acceptance of the prices and description of the products, services and activities available for sale.
Shipping and delivery costs are not included in the price and will be invoiced additionally. They are indicated before the final confirmation of the order.
1- 2 Terms of payment:
When purchasing at the various points of sale, payment in cash, holiday vouchers (without change), or bank card is authorised.
The following cards are accepted for payment of an order: Carte Bleue/Visa/Eurocard/Mastercard/Maestro/Amex.
Payment by cheque or luncheon voucher is not permitted.
When paying online, only payment by bank card is authorised via a secure payment system that guarantees the confidentiality of the data provided.
Proof of payment will be given or sent to the customer at the e-mail or postal address indicated during the ordering process.
The Seller reserves the right to suspend any processing of the order in the event of non-payment or refusal of authorisation of payment by the banking establishment.
The Site is equipped with an online payment security system that complies with the legal and regulatory provisions in force.
The Seller cannot be held responsible for the fraudulent use of the user's means of payment or for the usurpation of his/her identity.
In accordance with the provisions of article L. 121-11 of the Consumer Code, the Vendor has the right to cancel or refuse a customer's order for legitimate reasons, in particular for refusal of payment, late payment for previous orders, the existence of a dispute relating to the payment of a previous order, or the fraudulent use of any promotional codes.
2 - COLLECTION, DISPATCH, DELIVERY AND RIGHT OF WITHDRAWAL
2-1. Collection:
Products purchased in approved sales outlets are collected on site.
Vouchers, tickets and vouchers for services purchased online are collected under the specific conditions set out in the previous articles.
If collection is not possible, it is the responsibility of the Buyer to contact an Information Office.
2-2. Dispatch and delivery :
Tourist products may be delivered at the customer's expense.
These costs are calculated according to the delivery method chosen and are communicated before the order is finalised.
There are no delivery charges for dematerialised "eTickets" sent by e-mail, and it is up to the Buyer to print them out themselves.
The recipient of the non-dematerialised FRP Card must check it on delivery.
Any delay in delivery must be reported to the Vendor within 21 working days of the date of dispatch.
If it is confirmed that the product has been lost before being made available at the agreed delivery point, the Seller undertakes to replace the product at its own expense or to reimburse it on request.
If the product is unavailable, the Buyer waives the right to its replacement.
The non-dematerialised card(s) will be sent to the delivery address indicated by the Buyer when the order was placed.
The delivery times indicated when the order is placed are average times corresponding to processing times and delivery to Metropolitan France or abroad, given for information only and do not constitute a commitment on the part of the Vendor.
The Vendor may not be held liable for any reason whatsoever in the event of a delay in delivery, when this delay is attributable to the Buyer, in particular in the event of the absence of the recipient at the time of delivery or in the event of an input error by the Buyer when placing the order.
In the event of an obvious delay, the Vendor undertakes to take all necessary steps to identify and correct any malfunction in the transport service for which it is responsible.
The Buyer undertakes to contact the postal services in order to locate and enquire about the situation of the product being delivered.
The Buyer acknowledges that a delay in delivery does not constitute a cause for nullity or rescission of the contract, nor does it constitute a fault on the part of the Vendor.
In the event of deterioration, missing products or errors, the recipient must express his/her reservations on the delivery note and to the Vendor by registered letter with acknowledgement of receipt within 72 hours.
If no reservations are made within the aforementioned period, the order will be deemed to have been delivered in good condition and may not be contested at a later date.
2-3. Customs duties :
Any order placed on the Site and delivered outside France and the Principality of Monaco may be subject to customs duties and taxes imposed when the parcel reaches its destination.
These customs duties and taxes, if any, associated with the delivery of an item are the responsibility of the Customer.
It is the Buyer's responsibility to check with the local authorities the possibilities of importing or using the items ordered in compliance with the local provisions in force, including the existence and amount of such customs duties and taxes.
The Vendor may not be held liable in the event of ignorance of the legislation of the place of delivery of the product.
2-4. Right of withdrawal:
The remote sale of derived tourism products is subject to a right of withdrawal of fourteen (14) days in accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code.
In accordance with the provisions of articles L. 221-28, 12°, and L. 221-2 of the French Consumer Code, the supply of services that must be provided on a specific date or at a specific time and the sale of services that are assimilated to tourist packages do not give rise to a right of withdrawal.
3 - RETURNS AND REFUNDS
3-1 Return conditions
In the event of non-delivery, or delivery of an item which does not conform to the order or which has been damaged in transit, the Buyer undertakes to contact the Seller by writing to the following e-mail address: pass@nicecotedazurtourisme.com.
The Vendor undertakes to replace a product which is damaged or does not conform to the order, provided that the product is returned within 30 days of the date of purchase and insofar as the non-conformity is attributable to the Vendor.
3-2. Refunds:
No reimbursement will be made outside the conditions set out in paragraph 2-2 of article 2 above.
4 - OTM NCA LIABILITY
In general, the Seller shall not be held liable for any non-performance caused by force majeure or any event beyond its control which constitutes a cause for suspension or extinction of the Seller's obligations.
The Seller undertakes to take all the care and diligence customary in the profession to implement the service offered to the Buyer.
5 - PERSONAL DATA
OTM NCA undertakes to protect the personal data of its customers. In accordance with the French Data Protection Act (Loi Informatique et Libertés) of 6 January 1978, as amended by Act no. 2004-801 of 6 August 2004, the Buyer has the right to access, modify, rectify and delete data concerning him or her at any time. This right may be exercised by sending an e-mail to the following address: pass@nicecotedazurtourisme.com
The nominative data supplied by the Buyer and/or the User is necessary for the processing of his/her order and the preparation of invoices.
5-1. Users' rights:
In accordance with current European regulations, the Buyer has the following rights concerning his/her personal data:
Right of access: the Buyer and/or the User may request information about the personal data held by the Publisher and the manner in which it is processed.
Right of rectification: the Buyer and/or User may request the correction of inaccurate data.
Right to erasure: the Buyer and/or User may request the deletion of their personal data in certain circumstances.
Right to restrict processing: the Buyer and/or User may request that the processing of their personal data be restricted.
Right to data portability: the Buyer and/or User may request a copy of their personal data in a structured, commonly used and machine-readable format.
The right to object: the Buyer and/or User may object to the processing of their personal data for reasons relating to their particular situation.
5-2. Data security:
OTM NCA undertakes to protect personal data against unauthorised access, unlawful modification, disclosure or destruction. Physical, technical and administrative security measures designed to ensure data security are applied.
5-3. Changes to the privacy policy :
OTM NCA reserves the right to modify this privacy policy at any time. Changes will take effect immediately upon publication on the official website.
The Buyer and/or the User are invited to consult this policy on a regular basis in order to remain informed of the steps taken.
In accordance with the General Data Protection Regulation (RGPD), the Buyer and/or the User may exercise the aforementioned rights by sending an e-mail to the following address: pole.infos@nicecotedazurtourisme.com.
6 - CLAIMS, DISPUTES, APPLICABLE LAW
6-1. Complaints:
All complaints must be sent to the OTM NCA Customer Service Department by e-mail using the contact form available on the Site, as soon as possible.
In the event of an online purchase, the Customer is also informed that, in accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, he/she has the option of lodging a complaint and selecting a dispute resolution body on the following website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
6-2. Applicable law and disputes:
The sales referred to in these General Terms and Conditions of Sale are subject to French law.
In the event of difficulties over the interpretation or application of these conditions, the parties will try as far as possible to settle their dispute amicably.
All disputes arising from these general terms and conditions and related transactions which have not been resolved amicably must be brought before the competent court in Nice, even in the event of multiple defendants or a guarantee claim.
