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General Terms

and Conditions of Sale

General Terms

and Conditions of Sale

Preliminary Article – Definitions

Route: means a coach itinerary predefined by COLORBÜS in its entirety, i.e. from the first station of origin to its terminus.

Order: means the Orders placed by the Passenger or his/her Agent via the Web Site

e-Ticket: means the electronic ticket sent by e-mail to the Passenger and which can be downloaded once the Order has been validated and payment made

Party(ies): means COLORBÜS and/or the Passenger.

Mucem Pack: e-Ticket including an entrance ticket for the Mucem.

Passenger: means the natural person identified on the e-Ticket.

Disabled Person or Person with Reduced Mobility: means any person whose mobility is reduced when using the means of transport provided by COLORBÜS, due to any physical disability (sensory or motor, permanent or temporary), mental retardation or intellectual disability, or any other cause of disability, or age, and whose situation requires appropriate attention and adaptation to his or her particular needs of the services made available to all Passengers

Services: means the main transport service(s) subscribed by COLORBÜS under the Contract.

Ancillary Services: means the service(s) complementary and ancillary to the Services.

Site: means the internet site accessible at https://www.colorbus.fr/

Voucher: means a file containing all the characteristics of one or more Tours, associated with a reference number which is communicated to the Passenger by a confirmation e-mail or on paper.

Article 1 – Entirety

These general terms and conditions express the entirety of the Parties’ obligations. In this sense, the Passenger is deemed to accept them without reservation.

These general terms and conditions of sale apply to the exclusion of all other terms and conditions, and in particular those applicable to sales in shops or by means of other distribution and marketing channels.
They are accessible on the website www.colorbus.fr and will prevail, if necessary, on any other version or any other contradictory document.

COLORBÜS and the Passenger agree that these terms and conditions exclusively govern their relationship. COLORBÜS reserves the right to modify its general conditions from time to time. They will be applicable as of their setting on line and only for the later sales.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the sector of the remote sale whose companies have their seat in France.

 

Article 2 – Contents

The purpose of the present general conditions is to define the rights and obligations of the Parties within the framework of the online sale of e-Tickets offered by COLORBÜS to individuals, from the website www.colorbus.fr.

COLORBÜS offers two lines of tourist bus tours in the city of Marseille, the Tours being detailed on its Website.

The e-Tickets are purchased by the Passenger for a Tour of their choice or for a Pack which also includes a visit to the Mucem.

Passengers declare that they have read and accepted the present general terms and conditions of sale before their immediate purchase. In this respect, they are enforceable against them in accordance with the terms of article 1119 of the Civil Code.

The contract concluded between COLORBUS and the Passenger is a contract of carriage within the meaning of Article 3(c) of Regulation (EU) No 181/2011 of the European Parliament and of the Council.

In the event that a third party carries out the Order on behalf of the Passenger, such third party declares that it is acting in the name and on behalf of the Passenger, who is the beneficiary of the Services ordered by the third party, and acknowledges that it is the Passenger’s agent within the meaning of Articles 1984 et seq. of the Civil Code.

 

Article 3 – Pre-contractual information

3.1 The Passenger acknowledges that, prior to placing their order and concluding the contract, they have been provided, in a legible and comprehensible manner, with these general terms and conditions of sale and with all the information listed in Article L. 221-5 of the French Consumer Code.

3.2 The Passenger also acknowledges that they have been provided with the following information in a clear and comprehensible manner:

    • the essential characteristics of the services provided by COLORBÜS ;
    • the price of these services.

3.3 Furthermore, the Passenger acknowledges that COLORBÜS communicates to him/her the following information, directly on its Site:

    • its corporate name, its registered office, its telephone number and its e-mail address ;
    • the methods of payment, delivery and execution of the contract, as well as the methods foreseen for the treatment of the complaints.

 

Article 4 – The Order

Passengers can place their Order online, by filling their virtual basket. To do so, they must choose their Circuit and the applicable tariffs as well as the possibility of subscribing to a Mucem Pack.

In order for the Order to be validated, the Passenger must accept, by clicking in the indicated place, the present general conditions and validate the payment method.
The sale will be considered as final:

  • after COLORBÜS has sent the Passenger confirmation of acceptance of the Order by e-mail ;
  • and after collection by COLORBÜS of the full price.

Once the payment has been validated online, the Passenger can download and print and receive by e-mail an e-Ticket that he will exchange for a Voucher, at the COLORBÜS agency or directly on board the bus.

The Voucher can only be activated once, for one or two days depending on the Order.

Any Order implies acceptance of the prices and descriptions of the products available for sale.

 

Article 5 – Electronic signature

The provision of the Passenger’s credit card number online and the final validation of the Order shall constitute proof of the Passenger’s agreement to these general terms and conditions and the payability of the sums due in respect of the Order.

 

Article 6 – Order Confirmation

Confirmation of the Order is materialised by the sending of an e-mail to the Passenger containing the details of the Order and indicating the Tour references.

Passengers are invited to check the settings of their e-mail inbox and in particular to ensure that the confirmation e-mail is not placed directly in the junk mail folder.

 

Article 7 – Proof of the transaction

The computerized registers, preserved in the data-processing systems of COLORBÜS under reasonable conditions of safety, will be regarded as the evidence of the communications, the orders and the payments occurred between the Parts. The filing of the Orders and the invoices is carried out on a reliable and durable support being able to be produced as proof.

 

Article 8 – Product information

The products governed by the present general conditions are those which appear on the Internet site of COLORBÜS and which are indicated as sold by COLORBÜS.

The products are described and presented with the greatest possible accuracy. However, COLORBÜS cannot be held responsible for any errors or omissions in this presentation.

 

Article 9 – Price

COLORBÜS reserves the right to modify its prices constantly but commits itself applying the tariffs in force indicated at the time of the Order.

The prices are indicated in euros and take account of the VAT applicable to the day of the Order. Any change in the applicable VAT rate shall automatically be reflected in the price of the products in the online shop. Payment of the full price must be made at the time of the Order.

If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be passed on to the sale price of the products.

There are specific fares for babies, children and families applicable to standard fare tickets:

  • children under 4 years of age travel free of charge;
  • children between the ages of 4 and 13 years old on the day of travel benefit from a reduced flat rate regardless of the route chosen.
  • Families benefit from a pass valid for two calendar days and on both Tours, it being specified that the first day is counted regardless of the Passenger’s departure time.

Fares can be consulted on the website www.colorbus.fr.

 

Article 10 – Method of payment

This is an order with a payment obligation, which means that placing the Order implies payment by the Passenger.

In order to pay for the Order, the Passenger has the choice of all the payment methods made available by COLORBÜS and listed on its website.

The Passenger guarantees to COLORBÜS that he has the necessary authorisations to use the method of payment chosen by him, when validating the order form.

COLORBÜS reserves the right to suspend any management of Order in the event of refusal of authorization of payment by bank card on behalf of the officially accredited organizations or in the event of non-payment.

COLORBÜS reserves in particular the right to refuse to carry out a delivery or to honor an order emanating from a purchaser who would not have regulated completely or partially a preceding order or with which a litigation of payment would be in administration.

COLORBÜS set up a procedure of checking of the orders intended to ensure that no person uses the banking co-ordinates of another person without his knowledge.

Within the framework of this verification, the Passenger may be asked to send, by any means, to COLORBÜS a copy of an identity document as well as a proof of residence. The Order will then be validated only after reception and verification by COLORBÜS of the documents sent.

The payment of the price is carried out cash with the Order.

The payments made by the Passenger will be considered as final only after effective collection of the sums due, by COLORBÜS.

 

Article 11 – Minors

In order to travel on COLORBÜS coaches, minors under 16 years of age must be accompanied by an adult (at least 18 years of age).

 

Article 12 – Persons with reduced mobility

12.1 In accordance with the legislation in force and in particular Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning rights in bus and coach transport and amending Regulation (EC) No 2006/2004, the Person with a Disability or Reduced Mobility is informed of his/her right to transport subject to the following conditions.

12.2 The Disabled Person or Person with Reduced Mobility may not be refused a reservation, the issue or supply of an e-Ticket or boarding on the basis of his/her disability or reduced mobility.

12.3 No supplement may be charged for the reservation or e-Ticket.

12.4 Notwithstanding Article 13.2, the Disabled Person or Person with Reduced Mobility may be refused a reservation, the issue or supply of an e-Ticket or boarding on the grounds of his/her disability or reduced mobility:

    • in order to comply with applicable safety requirements under international, EU or national law or in order to comply with health and safety requirements established by the competent authorities;
    • where the design of the vehicle or the infrastructure, including bus stops and stations, makes it physically impossible for the disabled person or person with reduced mobility to board, alight or be transported in a safe and operationally feasible manner.

 

Article 13 – Boarding

13.1 Unless otherwise indicated by COLORBÜS, the Passenger shall board the coach at the boarding point indicated on the e-Ticket or on the Voucher.

13.2 In order to ensure safe boarding and compliance with the timetable, Passengers are requested to present themselves for boarding at the latest fifteen (15) minutes before the departure time indicated on the e-Ticket. If they fail to do so, COLORBÜS does not guarantee the transport of the Passenger present at the boarding less than fifteen (15) minutes before the departure in the case where this delay generates or obviously risks generating a risk in terms of safety or respect of the timetable.

 

Article 14 – Force majeure

Any circumstances beyond the control of the Parties preventing the performance under normal conditions of their obligations shall be considered as grounds for exoneration from the obligations of the Parties and shall result in their suspension.

The Party that invokes the above-mentioned circumstances must immediately notify the other Party of their occurrence, as well as of their disappearance.

All facts or circumstances that are irresistible, external to the Parties, unforeseeable, unavoidable, beyond the control of the Parties and which cannot be prevented by the latter, despite all reasonable efforts, shall be considered as force majeure. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.

The Parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts for more than three months, the present general conditions may be terminated by the injured party.

 

Article 15 – Intellectual property

The contents of the Internet site (technical documents, drawings, photographs, etc.) remain the property of COLORBÜS, only holder of the intellectual property rights on this contents.

The purchasers commit themselves not to make any use of this contents; any total or partial reproduction of this contents is strictly prohibited and is likely to constitute an offence of counterfeit.

 

Article 16 – Data protection and liberties Protection of personal data

The personal data provided by the Passenger is necessary for the processing of his/her order and for the establishment of invoices.

They can be communicated to the partners of COLORBÜS in charge of the execution, the treatment, the management and the payment of the Orders.

The processing of information communicated through the website www.colorbus.fr has been declared to the CNIL.

Passengers have a permanent right of access, modification, rectification and opposition with regard to the information concerning them. This right may be exercised under the conditions and according to the procedures defined on the website www.colorbus.fr.

16.1 Collection of personal data

The personal data collected on this site are as follows
First and last name / Telephone number / E-mail address / Country

16.1.1 Payment

Within the framework of the payment of the products offered on the Site, the provider of COLORBÜS records financial data relating to the bank account or the credit card of the Passenger.

16.1.2 Cookies

Cookies are used as part of the use of the Site. The Passenger has the possibility to deactivate the cookies from the settings of his/her browser.

16.2 Use of personal data

The personal data collected from Passengers is intended to provide COLORBÜS services, improve them and maintain a secure environment. More specifically, the uses are as follows:

    • access and use of the Site by the Passenger;
    • management of the operation and optimisation of the Site;
    • organisation of the conditions of use of the payment services;
    • verification, identification and authentication of data transmitted by the Passenger;
    • implementation of user assistance;
    • personalising services by displaying advertisements according to the user’s browsing history and preferences;
    • prevention and detection of fraud, malicious software and management of security incidents
      management of possible disputes with users;
    • sending commercial and advertising information, according to the user’s preferences.

16.3 Sharing of personal data with third parties

Personal data may be shared with third parties in the following cases:

    • when COLORBÜS uses service providers to provide user support, advertising and payment services. These service providers have limited access to user data in the course of providing these services and are contractually obliged to use it in accordance with the provisions of the applicable data protection regulations;
    • if required by law, COLORBÜS may transmit data to follow up on claims against COLORBÜS and to comply with administrative and judicial proceedings;
    • if COLORBÜS is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share some or all of its assets, including personal data. In this case, users will be informed before personal data is transferred to a third party.

16.4 Security and confidentiality

COLORBÜS implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the internet is not a completely secure environment and the Site cannot guarantee the security of the transmission or storage of information over the internet.

16.5 Enforcement of users’ rights

In accordance with the regulations applicable to personal data, users have the following rights:

    • they may exercise their right of access, in order to know the personal data concerning them, by writing to the following e-mail address: sales@colorbus.fr. In this case, before the implementation of this right, COLORBÜS can ask for a proof of the identity of the user in order to verify its accuracy;
    • users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: sales@colorbus.fr.

16.6 Changes to this clause

COLORBÜS reserves the right to make any changes to this privacy policy at any time. If a change is made to this privacy policy, the Platform undertakes to publish the new version on its website.

COLORBÜS will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the possibility to request the deletion of his/her personal data at sales@colorbus.fr.

 

Article 17 – Partial invalidity of clauses

If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.

 

Article 18 – Non-waiver

The fact that one of the Parties does not avail itself of a breach by the other Party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

 

Article 19 – Title

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles shall be declared non-existent.

 

Article 20 – Language of the contract

The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

 

Article 21 – Mediation

Passengers may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The contact details of the mediator are as follows:

MTV Médiation Tourisme Voyage
BP 80 303 – 75 823 Paris Cedex 17
http://www.mtv.travel/je-saisis-le-mediateur/

 

Article 22 – Applicable law

These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In case of dispute or claim, the Passenger will address in priority to COLORBÜS to obtain a friendly solution.