Our Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

Preamble and Definitions

The terms listed below, when capitalized, are defined as follows for the purposes of interpreting and enforcing these General Terms and Conditions of Sale:

Buyer

Refers to the individual or legal entity that reserves, orders, or purchases one or more Services (as defined below).

Ticket(s)

Refers to any ticket or confirmation of access to a Service sold by SPARTNER TRAVEL, including:

Tickets for passenger transportation services;
Eligibility requirements for housing assistance;
Documents required to rent a car.

Terms and Conditions

Refers to these general terms and conditions of sale.

Order

Refers to the process by which the Buyer purchases one or more Services.

Contract

Means any contract entered into between SPARTNER TRAVEL and the Purchaser setting forth the specific terms and conditions for the purchase of one or more Services, as well as any amendment, substitution, extension, or renewal of such contract.

Quote

Means any document issued by SPARTNER TRAVEL setting forth the specific terms and conditions of sale for one or more Services provided to a Purchaser.

Administrative Fees

Refers to the administrative fees associated with obtaining the Ticket(s).

Tourist Package

Refers to the combination of at least two different types of Travel Services for the purposes of the same trip or vacation, lasting more than twenty-four hours or including an overnight stay, under the conditions set forth in Article L.211-2 of the Tourism Code.

Proof of Identity

Refers to any valid identification document issued by a French or foreign authority that includes, in particular, the holder’s first names, last name, nationality, date of birth, and photograph.

Delivery

Refers to the shipment of the ordered Ticket(s) to the Buyer.

Parties

Refers collectively to the Buyer and SPARTNER TRAVEL (the “Parties”) and individually to the Buyer or SPARTNER TRAVEL (a “Party”).

Carrier

Refers to any individual, whether or not they are the Purchaser, who participates in one or more Services, and in particular any person holding a Ticket granting access to one or more Services.

Service Provider

Refers to all service providers and suppliers engaged by SPARTNER TRAVEL to assist in the provision of the Service(s), including, but not limited to, rail carriers, airlines, hotels, tour operators, car rental companies, and insurance companies.

Service(s)

Refers to any Travel Service or Package Tour marketed by SPARTNER TRAVEL, the details of which are set forth in the Contract or the Quote sent by SPARTNER TRAVEL to the Purchaser.

Price

Refers to the total price of the Service(s) and/or Tickets covered by the Order, as specified in the Contract or on the Quote. This amount includes all taxes but excludes any Administrative Fees.

Travel Services

Refers to any travel service as defined in Article L.211-2 of the Tourism Code.

Website

Refers to the website operated by SPARTNER TRAVEL to promote its activities and services, currently accessible at spartner-travel.com

SPARTNER TRAVEL

Refers to the simplified joint-stock company SPARTNER, with a capital of 37,128 euros, registered with the Lyon Trade and Companies Register under number 431 464 395, whose registered office is located at 184, Cours Lafayette, 69003 Lyon, with intra-Community VAT number FR74431464395, IATA Accreditation number 20256563, and registration number in the Register of Travel and Vacation Operators (LIC) IM069100032, and is the holder of a guarantee from the Association Professionnelle de Solidarité du Tourisme (APST) as well as an insurance policy with Allianz IARD covering its professional liability.

ARTICLE 1 – PURPOSE OF THE TERMS AND CONDITIONS

The purpose of these Terms and Conditions is to define the terms under which (i) any Purchaser purchases one or more Services from SPARTNER TRAVEL or one of its Service Providers, and (ii) any Holder accesses one or more Services. They apply to all Purchasers and all Holders.

ARTICLE 2 – APPLICATION OF THE TERMS AND CONDITIONS

These Terms and Conditions of Sale automatically apply to any Order placed by a Buyer with SPARTNER TRAVEL based on an Order made through the signing of any separate Contract or Quote entered into between SPARTNER TRAVEL (or one of its designated Service Providers) and the Buyer, the primary or secondary purpose of which is the sale of one or more Services.Any conflicting terms, particularly terms and conditions of purchase, shall not be enforceable against SPARTNER TRAVEL. In the event of a conflict between the GTC and the provisions of any specific agreement (including a Contract or Quote) entered into between SPARTNER TRAVEL and the Buyer, the relevant provision of the specific agreement shall prevail over that of the GTC.

The Terms and Conditions, as well as all contractual information mentioned on the Site, are written in French. In the event of any translation of these documents and any discrepancy between the French version and the foreign translation, only the French version shall prevail. For the Buyer’s full information, these Terms and Conditions incorporate, in Article 24 below, the provisions of the Tourism Code applicable to activities related to the organization and sale of trips or vacations (Articles L.211-2 and R.211-3 through R.211-12 of said Code are reproduced therein).

ARTICLE 3 – AVAILABILITY AND ENFORCEABILITY OF THE TERMS AND CONDITIONS

The Terms and Conditions are made available to each Buyer on the Website, where they can be viewed and downloaded directly; they may also be provided to the Buyer upon request by email sent to the following address: hello@spartner-travel.com. The Buyer represents that he or she has full legal capacity to place the Order.

Any Order implies the Buyer’s full and unconditional acceptance of the Terms and Conditions. To confirm this acceptance, the Buyer must sign the Contract or the Quote. It is specified that, in the absence of such acceptance, the Order will not be validated and cannot be processed. The rights and obligations set forth in the Terms and Conditions are transferable “propter rem” and automatically to any Holder.

ARTICLE 4 – AMENDMENTS TO THE TERMS AND CONDITIONS

SPARTNER TRAVEL reserves the right to modify the Terms and Conditions at any time. In such a case, the applicable Terms and Conditions are those in effect on the date of the Order.

ARTICLE 5 – TERMS OF THE GENERAL TERMS AND CONDITIONS

The invalidity of a contractual clause does not render the General Terms and Conditions invalid. The temporary or permanent non-enforcement by SPARTNER TRAVEL of one or more clauses of the General Terms and Conditions shall not be construed as a waiver on its part of such clauses or of other clauses of the General Terms and Conditions, which shall continue to be fully effective. The failure of either Party to enforce a commitment by the other Party to any of the obligations set forth in these General Terms and Conditions shall not be construed in the future as a waiver of the obligation in question.

ARTICLE 6 – SERVICES / TICKETS

6.1 – Overview / Precontractual Information

The Services offered for sale and presented in a Contract or Quote are each accompanied by or are the subject of a preliminary presentation setting forth all of their characteristics to the Buyer, in accordance with the provisions of Articles L.211-8 and R.211-4 of the Tourism Code. All pre-contractual information provided to the Purchaser forms an integral part of the Contract or Quote and may not be modified, unless the Parties expressly agree otherwise. SPARTNER TRAVEL has sole discretion over the marketing packages for the Services and Tickets, as well as the number of Services and Tickets available for each marketing package.

If a Buyer places Orders for several separate Services, it is the Buyer’s responsibility to ensure consistency among them, where applicable (dates, times, time differences, layover times, distances). SPARTNER TRAVEL shall not be held liable for any inconsistencies between Services that were the subject of separate Orders placed by a Buyer.

6.2 – Order

The purchase of Services is completed when the Buyer signs the Quote or when the Parties sign the Contract. SPARTNER TRAVEL reserves the right to refuse any Order and to withhold any Service or Ticket from any Purchaser and/or Ticket Holder who has committed the acts set forth in Article 16 of the Terms and Conditions, or who has outstanding payments. The Contract or Quote expressly states all of the Purchaser’s specific requests regarding each Service accepted by SPARTNER TRAVEL, including, in particular, any requests concerning the presence or participation of minors or persons with disabilities during one or more Services, as well as requests regarding the transportation of equipment.

Tickets bear the name of the Purchaser (an individual or legal entity) and, if SPARTNER TRAVEL or its Service Provider so decides, the name of the Ticket Holder (the person identified by the Purchaser as the beneficiary of the Ticket). Each Ticket is valid for only one Ticket Holder, and each Ticket Holder is responsible for his or her Ticket.

SPARTNER TRAVEL shall not be held liable for any damages resulting, in particular, from an error in the address provided at the time of the Order, an error in the identification information provided by the Purchaser in connection with the Order (including the identity of the Ticket Holders), a failure of communication lines and/or the internet network, the Buyer’s inability to download the Ticket and/or the loss of any mail or email, and, more generally, any issues resulting in the loss of data. In addition, the Buyer is advised to check whether emails related to their Orders have been directed to the “Spam” folder in their email inbox.

6.3 – Modification of an Order by the Buyer

To the extent possible, and subject to availability, SPARTNER TRAVEL will use its best efforts to accommodate any request for changes to an Order submitted by the Purchaser prior to the commencement of the Service(s) covered by the Order, provided that any modification to the Order by the Purchaser after confirmation is subject to SPARTNER TRAVEL’s discretionary acceptance. In any event, any change to the number of Services or the number of Tickets requested and accepted by SPARTNER TRAVEL will be the subject of a new Contract or a new Quote incorporating the changes requested by the Purchaser and the corresponding adjustment to the Price. Any Ticket issued to the Purchaser in accordance with these Terms and Conditions of Sale is non-refundable and may only be modified in accordance with the conditions set forth by SPARTNER TRAVEL’s Service Provider(s) in their own terms and conditions of sale. If the Service Provider’s terms and conditions permit the modification of a Ticket, SPARTNER TRAVEL or its Service Provider will issue a corresponding invoice to the Purchaser for such modification.

The Purchaser hereby agrees that any cancellation of a Participant’s participation in any Service and any modification to a Service shall result in the Purchaser paying SPARTNER TRAVEL compensation equal to one hundred (100) percent of the cancellation and/or modification fees invoiced to SPARTNER TRAVEL by its Service Provider. SPARTNER TRAVEL shall not, however, be held liable if the Purchaser is unable to modify the Order for any reason whatsoever.

6.4 Changes to the Contract or Quote by SPARTNER TRAVEL

When the Buyer is not a consumer as defined by the Consumer Code, in particular its introductory article, SPARTNER TRAVEL reserves the right to modify the Contract or the Quote before the start of the Service, provided that such modification is minor (such as replacing a Service or a Ticket with a Service or Ticket under equivalent conditions and of the same category), subject to notifying the Purchaser as soon as possible and in a durable medium. In accordance with Article L211-13 of the Tourism Code, in the event that, prior to the commencement of the Service, an external event beyond SPARTNER TRAVEL’s control renders it impossible to perform all or part of one or more Services provided for in the Contract or Quote entered into with the Purchaser, SPARTNER TRAVEL shall notify the Buyer as soon as possible and offer a Service of equivalent quality and Price. In the event of the Buyer’s refusal, the Buyer may, as an exception to the conditions set forth in Article 9.1 of these General Terms and Conditions, terminate the Contract or the Quote at no cost and without any compensation being due to SPARTNER TRAVEL.

6.5 – Formalities / Permits

Unless otherwise agreed by the Parties, the Buyer is responsible for carrying out and bearing the cost of all necessary due diligence, formalities, and verifications to comply with any applicable laws and/or regulations in any jurisdiction and regarding access to any jurisdiction by any means whatsoever (including, but not limited to, any police, health, or customs laws or regulations) relevant to a Service, and to enable the travel and participation of any person or Carrier (whether a French national or not) in a Service or in the delivery of any equipment to the location of such Service.

SPARTNER TRAVEL shall not be held liable if any person or Participant is unable to participate in a Service due to failure to comply with any of the necessary procedures, formalities, or verifications, and the Purchaser shall be solely responsible for any penalties that may result therefrom and shall not be entitled to any refund whatsoever as a result.

6.6 – Minors

Prior to the commencement of the Service, the Purchaser must provide SPARTNER TRAVEL, in writing, with all information necessary to establish direct contact with any minor who holds a Ticket for a Service.

6.7 – People with Disabilities

The Buyer must notify SPARTNER TRAVEL of the presence of any Participant or beneficiary of a Service with a disability who holds a disability card or a priority card no later than thirty (30) days before the start of the Service. SPARTNER TRAVEL will use its best efforts to take appropriate measures to enable such a Passenger or Service Recipient with a disability to participate in the Service, subject to the terms of Section 6.4 of these Terms and Conditions. It is nevertheless expressly stated that SPARTNER TRAVEL shall in no event be held liable for the inability of a person with a disability to participate in all or part of the Service.

6.8 – Capacity

It is the Buyer’s responsibility to ensure that any Participant has the capacity and ability (both physical and mental) to participate in all or part of a Service as described in the Contract and/or the Quote.

SPARTNER TRAVEL shall not be held liable in the event of the total or partial inability of any person or Participant to participate in a Service, the terms and conditions of which have been made known to the Purchaser in the Contract and/or the Quote. The Purchaser shall bear sole responsibility for any consequences arising from a Participant’s inability to participate in all or part of a Service due to total or partial incapacity and shall not be entitled to any refund whatsoever as a result.

ARTICLE 7 – PRICE

7.1 – Price

The Price of the Service(s) is expressly stated in the Contract or on the Quote, including all taxes. Unless otherwise specified, all Services and/or Tickets listed in the Contract or on the Quote are included in the Price. Conversely, the Price indicated in the Contract or on the Quote never includes the performance of a Service and/or the issuance of a Ticket that has not been expressly provided for in the Contract or the Quote. Administrative Fees may be added to each Order, according to a fee schedule that will be provided to the Buyer prior to the confirmation of their Order for approval purposes. SPARTNER TRAVEL reserves the right to modify the amount of the Administrative Fees at any time, while guaranteeing to the Buyer that the Administrative Fees in effect on the date of the Order will be applied.

7.2 – Payment of the Prize by the Buyer

Unless otherwise specified in the Contract or the Quote, the Buyer shall pay fifty percent (50%) of the Price upon signing the Contract or the Quote. The balance of the Price shall be paid by the Buyer no later than thirty (30) days before the start of the Service specified in the Contract or the Quote. Any payment by the Buyer to SPARTNER TRAVEL shall be made by bank transfer or credit card to the account designated by SPARTNER TRAVEL for this purpose.

If the Buyer fails to comply with these payment deadlines, SPARTNER TRAVEL may cancel the Order by simply notifying the Buyer by any means. SPARTNER TRAVEL shall be entitled to charge the cancellation fees set forth in Section 9.1 of these Terms and Conditions. Furthermore, any payment issue will automatically result in the rejection of the Order.

The Purchaser acknowledges having been informed and expressly agrees that SPARTNER TRAVEL or any of the Service Providers may require a credit card authorization to cover any service not provided for in the Contract or the Quote, as well as any damage caused by the Purchaser or a Passenger during the performance of the Service(s).

7.3 – Price Changes by SPARTNER TRAVEL

In accordance with the provisions of Articles L.211-12 and R.211-8 of the Tourism Code, SPARTNER TRAVEL may unilaterally adjust the Price, either upward or downward, provided that such adjustment results from a change in transportation costs due to fuel prices or other energy sources, the level of taxes or fees imposed, or the exchange rates applicable to the Services specified in the Contract or the Quote, and no later than twenty (20) days before the start of the Service. Any change to the Price shall be the subject of a new invoice (or, where applicable, a credit memo) issued by SPARTNER TRAVEL, accompanied by a justification and a calculation of the surcharge applied on a durable medium, and must be paid by the Purchaser before the start date of the Service.

The Buyer must notify SPARTNER TRAVEL of its intention to accept or reject this price change within seven (7) days (silence shall be deemed acceptance) of receiving the corresponding invoice. Any refusal by the Buyer shall be deemed a termination of the Contract and/or the Quote in accordance with Section 9.1 of these Terms and Conditions and shall result in the payment of the corresponding termination indemnity.

If the Buyer fails to comply with the terms and conditions corresponding to this Price change, SPARTNER TRAVEL may cancel the Order by simply notifying the Buyer by any means. SPARTNER TRAVEL shall be entitled to charge the cancellation fees set forth in Section 9.1 of these Terms and Conditions.

7.4 – Price Adjustment Due to Nonconformity

If any of the Services is not performed in accordance with the Contract or the Quote, and if such total or partial non-performance is not attributable to the Purchaser or any of the Carriers, and provided that SPARTNER TRAVEL has been notified of this by the Purchaser as soon as possible, SPARTNER TRAVEL will use its best efforts to remedy the non-compliance or to have its Service Provider(s) remedy it, unless this is impossible or would entail disproportionate costs, taking into account the extent of the non-compliance and the value of the Services in question.

In the event that SPARTNER TRAVEL and/or its Service Provider(s) fail to remedy the non-conformity or the Purchaser refuses the proposed changes, the Purchaser may request a price reduction and, in the event of any separate damages incurred, the payment of damages under the conditions set forth in Articles L.211-16 and L.211-17 of the Tourism Code.

ARTICLE 8 – TRANSPORTATION / LODGING

8.1 – Transportation

SPARTNER TRAVEL’s liability shall not supersede that of French or foreign carriers responsible for the transportation or transfer of passengers and their baggage. With regard to air travel, whenever air transportation or transfer is provided by a carrier subject to IATA international regulations, SPARTNER TRAVEL acts as the carrier’s agent; the carrier remains solely responsible for the performance of the transportation with respect to both passengers and their baggage. If a transport or transfer is provided by a carrier not subject to IATA international regulations, SPARTNER TRAVEL acts as the agent of the Purchaser, with the carrier remaining solely responsible for the transport. With regard to rail and maritime transport, the carrier remains solely responsible for the performance of the transport.

The provisions of this Article 8 apply, in particular but not limited to, any modification, cancellation, request for a refund or compensation, or any damage of any kind incurred in connection with transportation and/or transfer.SPARTNER TRAVEL will provide the Buyer with all information regarding the carrier upon the conclusion of the Contract or the Quote, or no later than three (3) days before the start date of the Service.

It is expressly understood, however, that SPARTNER TRAVEL shall not be liable for any changes whatsoever relating to the carrier that occur after the conclusion of the Contract, including any changes beyond its control. Any changes relating to the carrier that occur after the conclusion of the Contract will be communicated to the Purchaser as soon as possible.

It is therefore the Buyer’s responsibility to obtain information from the carrier(s) involved in the performance of the Services in order to comply with the various regulations in effect that may be applied by such carrier(s), to fulfill all related obligations, and to bring all such information to the attention of the Carrier(s) so that they may comply with them.

8.2 – Hosting

Each Buyer and each Guest acknowledges having read and agrees to comply with, respect, and ensure that any person under their authority complies with, without reservation, all rules established by the Service Provider(s) responsible for their lodging as part of a Service. The Prices for a lodging Service are calculated based on the number of overnight stays, not days. A “night’s stay” is defined as the period during which a room is made available. The Purchaser acknowledges and agrees that in the event of a late arrival or early departure, the first and/or last night’s stay may be shortened; no refund or compensation will be owed by SPARTNER TRAVEL.

ARTICLE 9 – TERMINATION OF THE CONTRACT AND/OR THE QUOTE

9.1 – Termination by the Buyer

Unless otherwise specified in the Quote and/or the Contract, when the Buyer is not a consumer as defined by the Consumer Code, in particular its introductory article, the Buyer may terminate the Contract and/or the Quote at any time prior to the commencement of the Service covered by the Contract and/or the Quote, subject to payment of a termination fee to SPARTNER TRAVEL in accordance with the following terms: Termination of the Contract and/or the Quote by the Purchaser more than ninety (90) days before the start of the Service shall result in the payment to SPARTNER TRAVEL of compensation equal to fifty (50) percent of the Price specified in the Contract/Quote. In the event that this amount has already been paid by the Purchaser, it shall be retained by SPARTNER TRAVEL in full;

Termination of the Contract and/or the Quote by the Purchaser between ninety (90) days and sixty (60) days prior to the start of the Service shall result in the payment to SPARTNER TRAVEL of compensation equal to sixty (60) percent of the Price specified in the Contract/Quote. In the event that this amount has already been paid by the Purchaser, it shall be retained by SPARTNER TRAVEL; Termination of the Contract and/or Quote by the Purchaser between sixty (60) and thirty (30) days prior to the start of the Service shall result in the payment to SPARTNER TRAVEL of compensation equal to seventy-five (75) percent of the Price specified in the Contract/Quote. In the event that this amount has already been paid by the Purchaser, it shall be retained permanently by SPARTNER TRAVEL;

Termination of the Contract and/or the Quote by the Buyer between thirty (30) and fifteen (15) days prior to the start of the Service shall result in the payment to SPARTNER TRAVEL of compensation equal to ninety (90) percent of the Price specified in the Contract/Quote. In the event that this amount has already been paid by the Purchaser, it shall be retained by SPARTNER TRAVEL; Termination of the Contract and/or Quote by the Purchaser within fifteen (15) days prior to the start of the Service shall result in the payment to SPARTNER TRAVEL of compensation equal to the full Price specified in the Contract/Quote. In the event that this amount has already been paid by the Buyer, it shall be retained permanently by SPARTNER TRAVEL.

Any termination of the Contract by the Purchaser must be notified to SPARTNER TRAVEL by certified mail with return receipt requested. The termination takes effect upon SPARTNER TRAVEL’s receipt of this notice. The date of such receipt is the date used to calculate the termination fee. As an exception, the Purchaser has the right to terminate the Contract and/or the Quote before the start of the Service without incurring a termination fee in the event that exceptional and unavoidable circumstances, occurring at the place of performance of the Service or in its immediate vicinity, have a significant impact on the performance of the Contract and/or the Quote or on the transportation of passengers to the place of the Service. In this case, the Purchaser is entitled to a full refund of payments made, without any additional compensation being due to them.

Since the sale of Services by SPARTNER TRAVEL consists of accommodation services other than residential accommodation, freight transportation services, car rentals, food and beverage services, or recreational activities that must be provided on a specific date or during a specific period, the right of withdrawal provided for in Article L.221-18 of the Consumer Code does not apply (Article L.221-28, 12° of the same Code), which the Buyer acknowledges and accepts.

9.2 – Termination by SPARTNER TRAVEL

In accordance with Article L.211-14 of the Tourism Code, in the event that, prior to the start of the Service, SPARTNER TRAVEL is prevented from performing the Contract or the Quote due to exceptional and unavoidable circumstances, SPARTNER TRAVEL shall notify the Purchaser of the termination of the Contract or the Quote as soon as possible and shall refund the Purchaser the Price paid, without any further compensation being due.

ARTICLE 10 – LIABILITY

10.1 – Principle

SPARTNER TRAVEL is responsible for the proper performance of all Services provided for in the Contract or the Quote. It is also required to provide all appropriate help and assistance to the Purchaser, as well as to any Ticket Holder or participant in a Service, under the conditions set forth in Article L. 211-16 of the Tourism Code. Where the Purchaser is not a consumer within the meaning of the Consumer Code, in particular its introductory article, any limitation on the scope of SPARTNER TRAVEL’s liability arising from the application of an international convention within the meaning of paragraph IV of Article L. 211-17 of the Tourism Code may nevertheless be invoked by SPARTNER TRAVEL with respect to any damages suffered by a Purchaser or a Ticket Holder, which the Purchaser expressly accepts and acknowledges.

In any event, SPARTNER TRAVEL’s liability for any Service shall not give rise to compensation exceeding three (3) times the Price. However, this limit shall not apply in the event of bodily injury or damage caused intentionally or through negligence and suffered by the Purchaser or a Passenger in connection with a Service.

10.2 – Limitation

SPARTNER TRAVEL shall in no event be held liable for events constituting force majeure or caused by a third party (external cause), including—but not limited to—the cancellation of a Service. In particular, the following are excluded from SPARTNER TRAVEL’s liability and constitute force majeure (to which the Purchaser expressly consents): the occurrence of inclement weather, the occurrence or resurgence of an epidemic (including COVID-19), strikes, changes in regulations, or a decision by a competent authority. When the Purchaser is not a consumer within the meaning of the Consumer Code, in particular its introductory article, SPARTNER TRAVEL shall not be held liable in the event of non-performance or improper performance of the Contract or Quote attributable either to the Purchaser, to a third party to the Contract or Quote, or to force majeure.

When the Buyer is not a consumer as defined by the Consumer Code, particularly its introductory article, no refund or compensation will be provided in connection with goods, products, and/or services purchased from a third party, for any reason whatsoever. Furthermore, in accordance with the provisions of Article 8 of these Terms and Conditions, SPARTNER TRAVEL’s liability shall not supersede that of French or foreign carriers responsible for the transportation or transfer of passengers and their baggage.

ARTICLE 11 – ASSIGNMENT OF THE CONTRACT

In accordance with Article L.211-11 of the Tourism Code, up to thirty (30) days before the start of the Service, the Purchaser may transfer any Contract or Quote relating to this Service to any third party who meets all the conditions applicable to the Contract or Quote. The Purchaser must, by certified letter with acknowledgment of receipt, promptly notify SPARTNER TRAVEL of the name and address of the third-party assignee, as well as all supporting documents necessary to prove that the assignee meets all the conditions applicable to the Contract or Quote. In the event of an assignment, the Purchaser—provided the Purchaser is not a consumer as defined by the Consumer Code, particularly its introductory article—and the third-party assignee of the Contract and/or the Quote shall remain jointly and severally liable to SPARTNER TRAVEL for payment of the Price, as well as for any fees, charges, or other additional costs that may be incurred by SPARTNER TRAVEL as a result of such assignment. As an exception, none of the insurance contracts referred to in Article 12 of these General Terms and Conditions may be assigned by the Buyer, which the Buyer expressly accepts and acknowledges.

ARTICLE 12 – INSURANCE

Unless expressly stated otherwise in the Contract or on the Quote, no insurance is included in the Price. Therefore, SPARTNER TRAVEL recommends that each Purchaser take out an insurance policy covering certain financial consequences of specific circumstances preventing participation in a Service or in the event of damage sustained during a Service. To this end, at the Purchaser’s specific request, the Contract or the Quote may provide for the possibility for the Purchaser to take out one or more insurance policies covering all or part of the risks related to (i) the cancellation of participation by one or more Ticket Holders or (ii) any assistance and/or repatriation costs for one or more Ticket Holders. The general terms and conditions applicable to these insurance policies are available upon the Buyer’s express request.

In any event, only the insurance company or companies concerned shall be liable to the Purchaser for the performance of said contracts, and, should the Purchaser take out an insurance contract, the Purchaser is hereby informed that (i) SPARTNER TRAVEL is merely a distributor of an insurance solution that will bind the Purchaser to the insurance company or its representative, (ii) the insurance benefits are provided by the insurance company (the Purchaser is therefore bound by the insurance company and is subject to all of the latter’s contractual terms and conditions), and (iii) any claim must be filed directly with the representative of the relevant insurance company, in accordance with the terms of the insurance contract, without SPARTNER TRAVEL being in any way obligated to participate in these procedures or incurring any liability in this regard, since it acts solely as a distributor.

ARTICLE 13 – CONDUCT DURING A PERFORMANCE

Each Purchaser and each Holder acknowledges having read and agrees to comply with—and to ensure that minors under their parental authority comply with, without reservation—the Terms and Conditions, the Contract, and the Quote, as well as all legal and regulatory provisions applicable to the Services. Each Purchaser and each Passenger further agrees to indemnify SPARTNER TRAVEL against all consequences of any breach of the aforementioned rules for which they may be held responsible.

ARTICLE 14 – CANCELLATION OF SERVICES / TICKETS / BY SPARTNER TRAVEL

Any breach by the Purchaser or the Holder of any provision of the General Terms and Conditions shall result in the immediate cancellation of their Order, as of right and without prior notice. In such a case, the Purchaser/Holder will consequently be denied access to the Service, without prejudice to SPARTNER TRAVEL’s rights to compensation.

ARTICLE 15 – INTUITU PERSONAE

The Buyer acknowledges that SPARTNER TRAVEL is selling him/her the Service(s) and Ticket(s) based on his/her status and statements. Accordingly, he/she warrants the accuracy of the information requested regarding his/her circumstances and those of any Ticket Holders.

ARTICLE 16 – INTELLECTUAL PROPERTY RIGHTS

All trademarks, illustrations, images, logos, and slogans used in connection with the promotion and marketing of Tickets, Services, and related items are and shall remain the exclusive property of SPARTNER TRAVEL and/or its partners. Any reproduction, in whole or in part, modification, or use of these trademarks, illustrations, images, logos, and slogans—for any reason and on any medium whatsoever—by any Purchaser or Ticket Holder without the express prior consent of SPARTNER TRAVEL is strictly prohibited.

ARTICLE 17 – FOLLOW-UP / CUSTOMER RELATIONS

Any questions regarding the tracking of the purchase and use of a Service or Ticket may be sent by email to hello@spartner-travel.com

ARTICLE 18 – PERSONAL DATA

Any personal information regarding the Purchaser that may be collected by SPARTNER TRAVEL in connection with a Contract, Quote, and/or Ticket will be processed in accordance with (i) the provisions of the law of January 6, 1978, and (ii) the provisions of the European General Data Protection Regulation of May 25, 2018. Accordingly, the Purchaser authorizes SPARTNER TRAVEL to collect and process their personal information for the purpose of providing the Services. Any personal data collected may be processed by SPARTNER TRAVEL for marketing purposes as well as for the organization of one or more of the Services. In accordance with applicable regulations, every Buyer has the right to access, correct, delete, and transfer their personal data, as well as the right to object to the processing of their personal data on legitimate grounds.

ARTICLE 19 – INDEPENDENCE OF THE PARTIES

Neither Party may make any commitments in the name and/or on behalf of the other Party. Furthermore, each Party remains solely responsible for its own representations, commitments, services, products, and personnel.

ARTICLE 20 – GOVERNING LAW / DISPUTES

20.1 – Governing Law

These Terms and Conditions are governed by French law.

20.2 – Informal Dispute Resolution

Any claim relating to the purchase or use of a Ticket or Service, or to the application or interpretation of a Contract, Quote, or these Terms and Conditions, must be brought to the attention of SPARTNER TRAVEL by email sent to hello@spartner-travel.com, or by certified mail sent to the following address: 184, Cours Lafayette – 69003 LYON (France).

20.3 – Request for Mediation

If the above-mentioned out-of-court complaint has been unsuccessful, and if the Buyer is a consumer as defined by the Consumer Code—in particular its introductory article—the Buyer is informed that he or she may also seek the assistance of the Tourism and Travel Mediator, under the conditions set forth on the website: www.mtv.travel. SPARTNER TRAVEL retains the right to accept or refuse the use of mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.

20.4 – Disputes

In the event of a dispute that cannot be resolved amicably, and subject to the applicable public policy provisions regarding jurisdiction, any dispute relating to the interpretation and performance of these Terms and Conditions shall fall within the exclusive jurisdiction of the French courts.

ARTICLE 21 – APPLICABLE LAWS

The combination of travel services offered by SPARTNER TRAVEL constitutes a package tour within the meaning of Directive (EU) 2015/2302 and Article L.211-2 II of the French Tourism Code. All Purchasers are therefore entitled to all the rights granted by the European Union applicable to package tours, as transposed into the French Tourism Code. SPARTNER TRAVEL shall be fully responsible for the proper performance of the package tour as a whole.

In addition, as required by law, SPARTNER TRAVEL has insurance in place to refund all payments and, if transportation is included in the package, to ensure repatriation in the event that it becomes insolvent. These are essential rights provided for by Directive (EU) 2015/2302, as transposed into the Tourism Code. Travelers will receive all essential information about the package before entering into the package travel contract.

Both the organizer and the retailer are responsible for the proper performance of all travel services included in the contract. Travelers are provided with an emergency phone number or the contact information of a point of contact that allows them to reach the organizer or the retailer. Travelers may transfer their package to another person, provided they give reasonable advance notice and, if applicable, pay any additional fees.

The package price may be increased only if specific costs rise (for example, fuel prices) and if this possibility is explicitly provided for in the contract; in any case, the price may not be changed less than twenty days before the start of the package. If the price increase exceeds 8 (eight) percent of the package price, the traveler may terminate the contract. If the tour operator reserves the right to increase the price, the traveler is entitled to a price reduction in the event of a decrease in the corresponding costs.

Travelers may terminate the contract without paying a termination fee and receive a full refund of payments made if any essential element of the package, other than the price, undergoes a significant change. If, before the start of the package, the organizer responsible for the package cancels it, travelers may obtain a refund and compensation, if applicable. Travelers may cancel the contract without paying a cancellation fee before the start of the package in the event of exceptional circumstances, such as serious security issues at the destination that are likely to affect the package.

In addition, travelers may terminate the contract at any time before the start of the package tour upon payment of appropriate and justifiable termination fees. If, after the start of the package tour, significant elements of the tour cannot be provided as planned, alternative services must be offered to travelers at no additional cost. Travelers may terminate the contract without paying a termination fee when the services are not performed in accordance with the contract, if this significantly disrupts the performance of the package, and if the organizer fails to remedy the problem. Travelers are also entitled to a price reduction and/or compensation in the event of non-performance or improper performance of travel services. The organizer or retailer must provide assistance if the traveler is in difficulty.

If the tour operator or retailer becomes insolvent, any amounts paid will be refunded. If the tour operator or retailer becomes insolvent after the package has begun and transportation is included in the package, the travelers’ return home is guaranteed.

SPARTNER TRAVEL has taken out insolvency insurance with APST. Travelers may contact this organization at +33 (0)1 44 09 25 35 or info@apst.travel if they are denied services due to SPARTNER TRAVEL’s insolvency.

Directive (EU) 2015/2302, as transposed into French law, can be viewed on the Legifrance.gouv.fr website.

• Article L211-2:

A package tour is defined as a service that: 1) results from the prearranged combination of at least two elements relating, respectively, to transportation, lodging, or other tourist services that are not ancillary to transportation or lodging and that account for a significant portion of the package; 2) lasts more than twenty-four hours or includes an overnight stay; 3) is sold or offered for sale at an all-inclusive price.

• Article R211-3:

Subject to the exclusions set forth in the third and fourth paragraphs of Article L. 211-7, any offer or sale of travel services or vacation packages must be accompanied by appropriate documentation that complies with the rules set forth in this section. In the case of the sale of air tickets or tickets for scheduled-service transportation not accompanied by services related to such transportation, the seller shall provide the purchaser with one or more tickets covering the entire journey, issued by the carrier or under its responsibility. In the case of on-demand transportation, the name and address of the carrier on whose behalf the tickets are issued must be indicated. Separate billing for the various components of a single travel package does not exempt the seller from the obligations imposed by the regulatory provisions of this section.

• Article R211-3-1:

The exchange of precontractual information or the provision of contractual terms and conditions shall be made in writing. This may be done electronically, subject to the conditions of validity and execution set forth in Articles 1369-1 through 1369-11 of the Civil Code. The following information must be included: the seller’s name or business name and address, as well as the seller’s registration number in the registry provided for in Article L. 141-3(a) or, where applicable, the name, address, and registration number of the federation or union referred to in the second paragraph of Article R. 211-2.

• Article R211-4:

Prior to the conclusion of the contract, the seller must provide the consumer with information on prices, dates, and other elements constituting the services provided during the trip or stay, such as: 1° The destination, means of transportation, characteristics, and categories of transportation used; 2° The type of lodging, its location, level of comfort, and main characteristics, as well as its certification and tourist classification in accordance with the regulations or customs of the host country; 3° The meals provided; 4° A description of the itinerary in the case of a tour; 5° The administrative and health formalities to be completed by nationals or by citizens of another European Union member state or a state party to the Agreement on the European Economic Area, particularly when crossing borders, as well as the deadlines for completing them; 6° The tours, excursions, and other services included in the package or that may be available for an additional fee; 7° The minimum or maximum group size required for the trip or stay to take place, as well as—if the trip or stay is contingent upon a minimum number of participants—the deadline for notifying the consumer in the event of cancellation of the trip or stay; this date may not be set less than twenty-one days before departure; 8° The amount or percentage of the price to be paid as a deposit upon conclusion of the contract, as well as the payment schedule for the balance; 9° The terms for price adjustments as provided for in the contract pursuant to Article R. 211-8; 10° The contractual cancellation terms; 11° The cancellation terms defined in Articles R. 211-9, R. 211-10, and R. 211-11; 12° Information regarding the optional purchase of an insurance policy covering the consequences of certain cases of cancellation or an assistance policy covering certain specific risks, in particular repatriation costs in the event of an accident or illness; 13° Where the contract includes air transportation services, the information required for each flight segment as provided for in Articles R. 211-15 through R. 211-18.

• Article R211-5:

The preliminary information provided to the consumer is binding on the seller, unless the seller has expressly reserved the right to modify certain elements of that information. In such a case, the seller must clearly indicate the extent to which such modifications may be made and which elements are affected. In any event, any changes made to the preliminary information must be communicated to the consumer before the contract is concluded.

• Article R211-6:

The contract between the seller and the buyer must be in writing, drawn up in duplicate—one copy of which is given to the buyer—and signed by both parties. When the contract is concluded electronically, Articles 1369-1 through 1369-11 of the Civil Code apply. The contract must include the following provisions: 1° The name and address of the seller, the seller’s guarantor, and the seller’s insurer, as well as the name and address of the tour operator; 2° The destination or destinations of the trip and, in the case of a split stay, the various periods and their dates; 3° The means, characteristics, and categories of transportation used, as well as the dates and locations of departure and return; 4° The type of accommodation, its location, level of comfort, main characteristics, and tourist classification in accordance with the regulations or customs of the host country; 5° The meal services provided; 6° The itinerary in the case of a tour; 7° The visits, excursions, or other services included in the total price of the trip or stay; 8° The total price of the services billed, as well as an indication of any possible revision to this billing pursuant to the provisions of Article

R. 211-8; 9° A statement, if applicable, of any fees or taxes related to certain services, such as landing, disembarkation, or embarkation fees at ports and airports, and tourist taxes, when these are not included in the price of the service(s) provided; 10° The payment schedule and terms; the final payment made by the purchaser may not be less than 30% of the price of the trip or stay and must be made upon delivery of the documents necessary to carry out the trip or stay; 11° Any special conditions requested by the purchaser and accepted by the seller; 12° The procedures by which the buyer may file a complaint with the seller for non-performance or improper performance of the contract; such a complaint must be submitted as soon as possible, by any means that provides the seller with an acknowledgment of receipt, and, where applicable, reported in writing to the tour operator and the relevant service provider; 13° The deadline for notifying the purchaser in the event of cancellation of the trip or stay by the seller, where the trip or stay is contingent upon a minimum number of participants, in accordance with the provisions of paragraph 7 of Article R. 211-4; 14° The contractual cancellation terms; 15° The cancellation terms provided for in Articles R. 211-9, R. 211-10, and R. 211-11; 16° Details regarding the risks covered and the amount of coverage under the insurance policy covering the seller’s professional liability; 17° Information regarding the insurance policy taken out by the buyer to cover the consequences of certain cancellation scenarios (policy number and name of the insurer), as well as information regarding the assistance policy covering certain specific risks, in particular repatriation costs in the event of an accident or illness; in this case, the seller must provide the buyer with a document specifying, at a minimum, the risks covered and the risks excluded; 18° The deadline for notifying the seller in the event of the buyer’s assignment of the contract; 19° The commitment to provide the buyer, at least ten days before the scheduled date of departure, with the following information: a) The name, address, and telephone number of the seller’s local representative or, failing that, the names, addresses, and telephone numbers of local organizations that can assist the consumer in the event of difficulty or, failing that, the emergency contact number to reach the seller; b) For trips and stays abroad by minors, a telephone number and an address enabling direct contact with the child or the person responsible for the child’s stay on site; 20° A clause providing for cancellation and refund, without penalty, of the amounts paid by the purchaser in the event of failure to comply with the information obligation set forth in paragraph 13 of Article R. 211-4; 21° A commitment to provide the purchaser, in a timely manner prior to the start of the trip or stay, with the departure and arrival times.

• Article R211-7:

The buyer may transfer his or her contract to an assignee who meets the same conditions as the buyer for taking the trip or stay, provided that the contract has not yet taken effect. Unless otherwise stipulated to the transferor’s advantage, the transferor is required to notify the seller of his or her decision by any means that provides a confirmation of receipt no later than seven days before the start of the trip. In the case of a cruise, this deadline is extended to fifteen days. Under no circumstances is this assignment subject to prior authorization by the seller.

• Article R211-8:

When the contract expressly provides for the possibility of a price adjustment, within the limits set forth in Article L. 211-12, it must specify the precise methods for calculating price changes, whether upward or downward, including the amount of transportation costs and related taxes, the currency or currencies that may affect the price of the trip or stay, the portion of the price to which the change applies, and the exchange rate of the currency or currencies used as a reference when establishing the price set forth in the contract. • Article R211-9: Where, prior to the purchaser’s departure, the seller is compelled to make a change to one of the essential elements of the contract—such as a significant price increase—and fails to comply with the disclosure obligation set forth in paragraph 13 of Article R. 211-4, the buyer may, without prejudice to any claims for compensation for damages that may have been incurred, and after having been informed by the seller by any means that provides a receipt of acknowledgment: – either terminate the contract and obtain, without penalty, an immediate refund of the amounts paid; – or accept the modification or alternative trip proposed by the seller; an amendment to the contract specifying the changes made is then signed by the parties; any price reduction shall be deducted from any amounts still owed by the buyer, and if the payment already made by the buyer exceeds the price of the modified service, the overpayment must be refunded to the buyer before the date of departure.

• Article R211-10:

In the case provided for in Article L. 211-14, when, prior to the buyer’s departure, the seller cancels the trip or vacation, the seller must notify the buyer by any means that provides a confirmation of receipt; the purchaser, without prejudice to any claims for compensation for damages that may have been incurred, shall receive from the seller an immediate refund of the amounts paid, without penalty; in this case, the purchaser shall receive compensation at least equal to the penalty he or she would have incurred if the cancellation had been made by him or her on that date. The provisions of this article shall in no way preclude the conclusion of an amicable agreement whereby the buyer accepts an alternative trip or stay proposed by the seller.

• Article R211-11:

If, after the buyer’s departure, the seller is unable to provide a substantial portion of the services specified in the contract—representing a significant percentage of the price paid by the buyer—the seller must immediately take the following measures, without prejudice to any claims for compensation for damages that may have been incurred: – either offer substitute services in place of those originally agreed upon, bearing any additional costs, and, if the services accepted by the buyer are of inferior quality, the seller must reimburse the buyer for the price difference upon the buyer’s return; – or, if the seller cannot offer any replacement services or if such services are refused by the buyer for valid reasons, provide the buyer, at no additional cost, with transportation tickets to ensure the buyer’s return under conditions that may be deemed equivalent to the place of departure or to another location agreed upon by both parties. The provisions of this article apply in the event of a failure to comply with the obligation set forth in Article R. 211-4(13).

• Article R211-12:

The provisions of Articles R. 211-3 through R. 211-11 must be included in the brochures and travel contracts offered by the persons referred to in Article L. 211-1. • Article R. 211-13: The purchaser may no longer invoke the provision set forth in paragraph 20 of Article R. 211-6 after the service has been provided.