PREAMBLE

The services offered on the www.brundevasion.com website are governed by these General Terms and Conditions of Sale. For all other legal information, please consult the sections: Legal Notice, Privacy Policy.

The services are sold by the sole proprietorship Brun d’Evasion, registered in the Nice Trade and Companies Register under SIREN number 987 663 754, operating on the Internet at the web address www.brundevasion.com (hereinafter the “Vendor”).

These general terms and conditions of sale (hereinafter referred to as “GTC”) govern the contractual relationship between Brun d’Evasion (hereinafter referred to as “we”, “us” or “Brun d’Evasion”) and its customers (hereinafter referred to as “you” or “the customer”) in connection with the sale of services developed from the www.brundevasion.com website. We invite you to read these conditions carefully before using our services. By accessing our site and using our services, you agree to be bound by these Terms and Conditions. If you do not accept these conditions, please do not use our website.

Object

The purpose of these General Terms and Conditions of Sale is to define the conditions under which Brun d’Evasion (hereinafter the “Vendor”) offers and provides its services on its website www.brundevasion.com.

The services offered on the Brun d’Evasion website are intended for adult customers only. Customers under the age of majority must obtain authorization from a legal guardian.

Brun d’Evasion reserves the right to modify its terms and conditions of sale at any time, without prior notice to the customer. In this case, the conditions applicable will be those in force at the date of the order placed by the customer.

Before purchasing a service, the customer (hereinafter referred to as “you” or “the customer”) acknowledges that he/she has read the terms and conditions of use of our services and undertakes to comply with them. These Terms and Conditions constitute the contract between the customer and Brun d’Evasion and supersede any prior agreement between the parties relating to the subject matter hereof. The data recorded by Brun d’Evasion constitutes proof of the transaction with the customer.

Services

The services available on our website, mentioned as accessible against payment, are governed by the present Terms and Conditions and are offered by Brun d’Evasion.

The customer assumes full responsibility for the choice and acquisition of these services. Brun d’Evasion provides advice to facilitate the organization of its customers’ trips by offering suggestions based on their needs, preferences and budget. However, the customer retains the final decision-making power with regard to the choice of travel providers, such as airlines, accommodation and activities. Our suggestions are not binding.

The travel suppliers recommended by Brun d’Evasion are carefully selected to meet the customer’s needs, thus acting as intermediaries. We do not make any commercial offers and accept no responsibility for any inconvenience caused by booking with these travel suppliers.

At the time of booking, the customer receives an “e-book” document by e-mail from Brun d’Evasion containing all the necessary information concerning the trip. They can use the links provided to make their reservation. However, it is the customer’s responsibility to check the accuracy of the information to avoid any irreversible errors when booking. It is also the customer’s responsibility to check the validity of their passport, their eligibility to stay in the country selected and the entry formalities required. Brun d’Evasion cannot be held responsible for any forgotten formalities or travel refusals by local authorities or airlines.

SERVICE ORDER PROCESSING : 

1. When the customer places an order for services with Brun d’Évasion, this is considered a firm offer to purchase, subject to these general terms and conditions of sale, as well as the specific conditions applicable to each service provision.

2. Brun d’Evasion only intervenes at the request of the customer after an initial contact by email, telephone, social networks. After acceptance by the customer of the organization of his trip by Brun d’Evasion, the latter must pay half of the fees, called a “deposit”, to allow the service provider, Brun d’Evasion, to begin its research work. The order is validated once the deposit has been received.

3. Brun d’Evasion undertakes to acknowledge receipt of the order as soon as possible and to provide the customer, electronically, with a summary of his order including in particular the description of the services ordered, their price, the payment terms and these general terms and conditions of sale.

4. Payment of the second half of the fees must be made upon receipt of the personalized e-book by email by the customer, without exception. Brun d’Evasion reserves the right to take legal action against any customer who does not pay the second half of the agreed fees within 30 days of the deadline indicated on the payment link, in accordance with the terms and conditions of the service provision contract

5. Validation of the order entails full and complete acceptance, without reservation, of these General Conditions of Sale by the customer.

6. Once the order has been accepted, Brun d’Évasion undertakes to provide the services ordered as soon as possible and in accordance with the terms agreed with the customer. Any possible delay in the provision of services will be communicated to the customer as soon as possible, and no compensation or penalty may be claimed by the customer in this regard, unless otherwise provided for in the specific conditions of the service provision.

7. By accepting these general terms and conditions of sale, the customer acknowledges having read and accepted the terms and conditions for processing service orders offered by Brun d’Évasion.

The prices of the services are indicated in euros and are calculated as a percentage of the total budget of the customer’s trip. In accordance with article 293 B of the General Tax Code, VAT is not applicable. Brun d’Evasion reserves the right to modify its prices at any time, but the price announced at the time of the order will be the only one applicable to the buyer.

It is agreed between the parties that the payment by the customer of all or half of the seller’s fees for all types of services constitutes receipt and definitive acceptance of the services. No discount will be granted by Brun d’Evasion.

Brun d’Evasion reserves the right not to follow up on orders from customers involved in a dispute, whether for dispute or non-payment, or for an obvious error. In this case, the customer will be notified electronically of the cancellation of the sale.

PAYMENT TERMS

1. The customer agrees to pay the total amount of the services ordered according to the payment terms specified at the time of booking or agreed subsequently with Brun d’Evasion.

2. Payments can be made by means of payment accepted by Brun d’Evasion, such as: bank card (Visa, Mastercard, Eurocard, link) generally via the secure Stripe platform, or by bank transfer. Customers’ bank card information is not stored on our site.
If a deposit is agreed upon when ordering:

In the event that a deposit, a previously defined percentage of the total amount of the services ordered, is agreed, it must be paid according to the agreed terms. The remaining balance will then be payable according to the agreed terms.

Brun d’Evasion reserves the right to refuse to provide the services ordered if payment is not made according to the conditions set out in these General Terms and Conditions.

The total payment of a service ordered or the remaining balance of a deposit must be made within an agreed payment period not exceeding fourteen days at the end of the month or thirty days from the date of issue of the invoice. Any late payment will automatically result, without any prior reminder required, in the application of late payment penalties, calculated at the REFI rate of the European Central Bank increased by 10 points, on the basis of the total amount including tax of the invoice.

In addition, late payment will also result in the immediate payment of all sums owed to Brun d’Evasion by the customer, without prejudice to any other recourse that Brun d’Evasion may exercise against the customer.

In the event of non-payment within the agreed deadlines, Brun d’Evasion reserves the right to suspend or cancel the provision of the services ordered by the customer, as well as to demand a fixed compensation of €40.00 per invoice for recovery costs, in accordance with Article L 441-6 of the French Commercial Code. This fixed compensation may be combined with other recovery costs incurred by Brun d’Evasion, upon presentation of supporting documents.

NO REFUND AND CANCELLATION

1. Once an order for services has been placed by the customer, it is considered final and cannot be cancelled or refunded, unless otherwise provided for in the specific conditions of the service provision or in the event of force majeure.

2. In the event of force majeure (as defined by the case law of the French courts), Brun d’Evasion may, at its sole discretion, propose a postponement of the service provision or a partial refund to the customer. Any refund will be calculated in proportion to the services already provided by Brun d’Evasion on the date of occurrence of the force majeure event.

3. The customer may request the cancellation of his order for services at any time before the provision of the services by sending a written request to Brun d’Evasion by email to contact@brundevasion.com. However, Brun d’Evasion reserves the right to charge cancellation fees corresponding to the costs incurred for the preparation and provision of the services ordered, as well as compensation for the damage suffered as a result of the cancellation.

No right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the customer is informed that the right of withdrawal provided for contracts concluded remotely does not apply to contracts for the provision of services fully executed before the end of the withdrawal period and the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

Thus, the customer acknowledges and accepts that once the service has been ordered, he no longer has the right of withdrawal provided for contracts concluded remotely. The validation of the order by the customer constitutes express agreement for the execution of the services to begin immediately. Consequently, no request for withdrawal may be accepted after the start of the execution of the services by Brun d’Évasion.

RESPONSIBILITY

Brun d’Évasion undertakes to provide its services with professionalism and diligence in accordance with professional standards, the agreed terms and conditions, as well as the legal and regulatory provisions in force. Brun d’Evasion acts as an intermediary between its customers and the service providers. Consequently, Brun d’Evasion declines all responsibility in the event of a dispute arising between the customer and the service provider, in particular with regard to the execution of the services booked or their reimbursements. In the event of difficulties during your stay, only the responsibility of the selected service providers may be invoked.

Brun d’Evasion declines all responsibility for:

• any malfunctions of the travel providers chosen by the customer. In these cases, the responsibility lies solely with the travel provider.
• any error resulting from a lack of information or incorrect information provided by the customer.
• any delay caused by the customer resulting in the impossibility of respecting the deadlines agreed or required by law.

Limitation of Liability: To the extent permitted by applicable law, Brun d’Évasion’s total liability to the customer, whether in contract, tort or otherwise, is limited to the amount actually paid by the customer for the services provided by Brun d’Évasion. If Brun d’Évasion’s liability is proven, it will be limited to half of the total amount excluding taxes actually paid by the customer for the service provided by the service provider on the date of receipt of the claim by registered letter with acknowledgment of receipt.

Exception of non-performance: According to the provisions of Article 1219 of the Civil Code, in the event of non-compliance by one of the parties with its contractual obligations, the other party may use the exception of non-performance to temporarily suspend the performance of its own obligations. This measure takes effect as soon as the defaulting party receives a notification of default from the other party, sent by registered letter with acknowledgment of receipt or by any other means allowing proof of sending. Similarly, pursuant to Article 1220 of the Civil Code, this option may be used in advance if a party presents a clear risk of not honoring its contractual obligations on the due date, causing sufficiently serious harm to the other party. In this case, the suspension takes effect upon receipt by the party presumed to be in default of a notification of the intention to apply this measure, sent in accordance with the terms previously mentioned.

If the obstacle is definitive or persists beyond 30 days, these conditions may be terminated according to the terms defined in the article “Termination for failure of a party to fulfill its obligations”. This article does not apply to cases of suspension specifically provided for elsewhere, in particular those related to non-payment, non-compliance with payment conditions or problems related to the customer account. For these situations, the specific suspension terms provided for in the corresponding articles apply.

FORCE MAJEURE

In accordance with article 1218 of the Civil Code, no party may be held liable for the total or partial non-performance of its obligations in the event of the occurrence of a force majeure event, as defined by law, including in particular natural disasters, acts of war, strikes, civil unrest, acts of public authorities, or any other unforeseeable and irresistible event.

In the event of the occurrence of a force majeure event, the party concerned is required to immediately inform the other party of its inability to perform its obligations and to provide the necessary justifications. This situation may under no circumstances give rise to liability for non-performance of the obligation in question, nor give rise to the payment of damages or late payment penalties.

The performance of the obligation will be suspended for the entire duration of the force majeure, provided that it is temporary and does not exceed 30 days. If the force majeure event is definitive or if it lasts more than 30 days, these terms and conditions will be terminated automatically after sending a registered letter with acknowledgement of receipt by the most diligent party.

Termination for non-performance of a serious obligation

If one of the parties does not significantly comply with one of its contractual obligations, the other party may, after sending a formal notice by registered letter with acknowledgement of receipt and without a response within 15 days, terminate the contract in accordance with the provisions of Article 1224 of the Civil Code.

Termination for failure of a party to fulfill its obligations

In the event of non-payment of the services ordered by the customer, the contract may be terminated at the initiative of Romane Brun. It is agreed that this resolution will occur automatically 15 days after sending a formal notice that has remained wholly or partially without effect. This formal notice may be notified by registered letter with acknowledgement of receipt or any other extrajudicial act.

Partial non-validation

If one or more clauses of these general terms and conditions of sale are declared invalid or inapplicable by a competent court, this invalidity or inapplicability will not affect the validity or applicability of the other clauses of these general terms and conditions. In this case, the parties will endeavor to replace the invalid or inapplicable clause(s) with valid and applicable provisions that come as close as possible to the initial intention of the parties.

Intellectual Property

a. All elements constituting the Website www.brundevasion.com, including but not limited to texts, images, photographs, videos, graphics, logos, icons, as well as their formatting, are the exclusive property of Brun d’Evasion or its partners, and are protected by national and international laws relating to intellectual property.

b. No element of the Website www.brundevasion.com may be reproduced, modified, distributed, published, copied, sold, exploited, or used in any way whatsoever without the prior written permission of Brun d’Evasion. Any total or partial reproduction of these elements or of the Site is strictly prohibited.

c. Any unauthorized use of the elements of the Website www.brundevasion.com may result in legal proceedings and claims for damages.

License of use

a. By accessing the Website www.brundevasion.com and purchasing the services offered by Brun d’Evasion, the customer is granted a limited, non-exclusive, revocable and non-transferable license to use the Site and its contents for personal and non-commercial use.

b. This license does not confer any property rights over the contents of the Website www.brundevasion.com, and does not allow the user to commercially exploit them, modify them, reproduce them or distribute them in any way whatsoever.

User-generated content

a. Brun d’Evasion may allow users to submit content to the Website, including opinions, comments, suggestions or photographs.

b. By submitting content to the Website, the user grants Brun d’Evasion a free, non-exclusive, worldwide, perpetual and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute and display this content on any medium.

Trademarks

a. The trademarks, logos and trade names used on the Website are the property of Brun d’Evasion or its partners, and may not be used without prior written permission.

Applicable law and competent jurisdiction

a. These general terms and conditions of sale are subject to French law. In the event of a dispute relating to their interpretation or execution, the French courts will have sole jurisdiction.

CONTACT

For any questions relating to these general terms and conditions of sale, you can contact Brun d’Evasion at the following email address: contact@brundevasion.com