GENERAL TERMS AND CONDITIONS OF SALE

DEFINITION OF THE PARTIES


Between RICHNRIGHTEOUS SERVICES LLC (owner of the site and brand www.bigdavetours.com & www.frenchvipservice.com), 407 Lincoln Rd, Suite 6H PMB 1216, Miami Beach, FL 33139, United States, registered with the Miami Registry of Commerce and Companies, represented by David Hervier as CEO, duly authorized for the purposes hereof.

The company can be reached by email by clicking on the contact form accessible via the home page of the site.

On the one hand, hereafter the "Seller" or the "Company", 

On the other hand, the natural or legal person who purchases products or services from the company, hereinafter the "Buyer" or the "Customer".

PREAMBLE


The Seller is a booking agency, i.e. a service provider for tourism products, activities and services (hereinafter "Product") in Miami, Orlando, Key West and Las Vegas, offered by local Partners with the Customer and marketed via its websites (https://bigdavetours.com & https://frenchvipservice.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site as well as on its sales pages.

ARTICLE 1 - PURPOSE


The present General Terms of Sale determine the rights and obligations of the parties in the context of the online sale of Products, Activities and Services offered by the Seller.

ARTICLE 2 - GENERAL PROVISIONS


These General Terms and Conditions of Sale (GTS) apply to all sales of Products, Activities, or Services made through the Company's website and form an integral part of the Contract between the Buyer and the Seller. Seller reserves the right to modify these T&Cs at any time by posting a new version on its website. The terms and conditions then applicable shall be those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These GTS can be consulted on the Company's website at the following address: https://www.bigdavetours.com/CGV. The Company also ensures that their acceptance is clear and without reservation at the time of purchase. The Client declares that he has read all of these General Terms and Conditions of Sale, and, if applicable, the Special Terms and Conditions of Sale related to a product or service and accepts them without restriction or reservation. The Customer acknowledges having received the necessary advice and information to ensure the suitability of the offer to his needs. The Customer declares that he/she is legally entitled to enter into a contract under U.S. law or that he/she is a valid representative of the individual or legal entity for which he/she is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

ARTICLE 3 - PRICES


The prices of the products sold on the websites are indicated in dollars including all taxes (VAT + other possible taxes) on the product order page and excluding specific fees. Customs duties or state licenses or other local or state taxes may be payable in certain cases. These rights and sums are not under the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer's responsibility (declarations, payments to the relevant authorities, etc.). The Seller therefore invites the Buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future according to the changes made by its Partners according to the seasons. The telecommunication costs necessary to access the Company's websites are at the Client's expense. If necessary, travel expenses to reach an activity are also charged to the Client.

ARTICLE 4 - CONCLUSION OF THE ONLINE CONTRACT


The Customer shall follow a series of steps specific to each Product or Service offered for sale by the Vendor in order to finalize his order. However, the steps described below are systematic:

  • Information on the essential characteristics of the Product;
  • Choice of the Product, of its possible options and indication of the essential data of the Customer (identification, address, etc.);
  • Acceptance of these General Terms and Conditions of Sale.
  • Verification of the elements of the order and, if necessary, correction of errors.
  • Follow-up of the payment instructions and payment of the products.
  • Delivery/fulfillment of the products.

The Customer will then receive an e-mail confirmation of the payment of the order, as well as an acknowledgement of receipt of the order with details of the bus schedules and pick-up addresses. He will receive a .pdf copy of the present general conditions of sale. For delivered products, this delivery will be made to the address indicated by the Customer. For the purposes of the proper execution of the order, the Customer agrees to provide truthful identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

The presentation of the credit/debit card used at the time of the reservation as well as an identity document ( ID card, driver's license or passport) corresponding to the name shown on the credit card can and will be requested from the Buyer at check-in in order to confirm the Buyer's identity to the Seller.

ARTICLE 5 - PRODUCTS AND SERVICES


As Big Dave Tours/French VIP Service is an agency that connects the Customer with local Partners offering activities, its role is limited to taking care of the reservations and validating them with the Partner and then with the Customer for the confirmation of the pick-up times. Anything that occurs outside of these actions is not the responsibility of Big Dave Tours/French VIP Service or RICHNRIGHTEOUS SERVICES LLC.

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies that he/she has received a detailed breakdown of the booking fee (full payment or partial payment for the booking + remaining balance to be paid/balance to the Partner on the day of the activity) as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order within the limits of available stocks only. In the absence of such availability, the Seller shall inform the Customer. The present contractual information is detailed and presented in French if the Customer is of French nationality or in English if the Customer is of foreign origin. In accordance with the American law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of validity of the offer of the Products as well as their prices are specified on the pages of sale of the Products, as well as the minimum duration of the contracts proposed when they relate to a continuous or periodic supply of products or services. Except under special conditions, the rights granted hereunder are only granted to the natural person signing the order (or to the person holding the e-mail address provided).

The Seller shall only be obliged to refund the full or partial payment made on the website in the event of cancellation by the Seller, e.g. if the Seller is unable to make the booking. In case of cancellation by the Partner due to lack of space or by the Customer/Purchaser for any reason, BEFORE the date of the activity and the payment of the balance due, the Seller may offer an exchange on the same product only within a maximum period of 6 months from the date of the initial reservation of the activity.

Big Dave Tours/French VIP Service's role is limited to connecting the Customer with the Partner and booking the activity with the Partner. Indeed, the refund of the remaining amount to be paid in case of cancellation by the Partner for any reason whatsoever, such as problems related to immigration (expired passport, Visa or ESTA, etc.), the impossibility to perform certain activities due to weather conditions or other reasons, is the sole responsibility of the Partner. Refunds should be requested from the Partner by contacting him/her by email or in writing, according to the information on the invoice provided at the time of payment. 

ARTICLE 6 - RETENTION OF TITLE CLAUSE


The products remain the property of the Company until full payment of the price.

ARTICLE 7 - PICK-UP/DROP-OFF


The pick-up can be included in the activity if the pick-up issue, without additional costs, is indicated as free of charge. This case is only valid for the addresses mentioned for pick-up/drop-off.

For other activities where pick-up is not included, a surcharge of $15 per person per trip will be charged by the reservation system and invoiced by the vendor. This case is only valid for the addresses mentioned for pick-up/drop-off.

The Seller reserves the right not to pick up/drop off if the Customer is located outside the areas and addresses mentioned by the reservation system. In this case, the Vendor will indicate to the Customer the nearest pick-up address.

ARTICLE 8 - AVAILABILITY AND PRESENTATION


Orders will be processed within the limits of our available places or subject to the availability of places with our suppliers.



ARTICLE 9 - PAYMENT


Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card. The secure online payment by credit card is ensured by our payment providers. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is made by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his bank details at the time of the sale, the Customer authorizes the Seller to debit his card for the amount corresponding to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of error or impossibility to debit the card, the sale is immediately cancelled by right and the order is cancelled.

In case of doubt about the legitimacy of a transaction, the Seller and its Partners reserve the right to request, by e-mail or on the spot, the presentation of the debit/credit card used for the payment and of an identity document matching the name displayed on the debit/credit card.


ARTICLE 10 - RETURN POLICY


The right of withdrawal can only be exercised for an exchange, by contacting the Company by email or telephone.

The right of withdrawal is no longer valid for activities and services fully paid and performed with the Partner.

The possibility of refund being ruled out, the Seller will then offer the Customer an exchange on the same product, which the latter must carry out within 6 months from the date of completion of the activity or the service previously cancelled.

ARTICLE 11 - GUARANTEES


In accordance with the law, the Seller assumes two guarantees: of conformity and relative to hidden defects of the products. The Vendor will only reimburse the buyer if the Vendor cancels the order himself. In case of unavailability of the product or cancellation by the Customer or the Partner, the Seller may offer the Customer an exchange on the same product to be used within a maximum period of 6 months from the date of the activity.

The exchange request must be made by contacting the Seller by email, message or telephone. A confirmation will be sent to the customer by email if the exchange is accepted.

The request for refund of an activity paid to the Partner must be requested from the Partner by email or in writing according to the information indicated on the invoice provided after the payment.

ARTICLE 12 - COMPLAINTS


If necessary, the Buyer may submit any claim by contacting the company by email or by simple letter.

ARTICLE 13 - INTELLECTUAL PROPERTY RIGHTS


The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Similarly, the seller is allowed to reuse the photos and videos sent by its customers or taken during the activities for commercial, communication and informational purposes on his website, OTAs, Social Media and affiliate websites. If you do not want your photos and/or videos to be reused by the seller on his website, OTAs, Social Media and affiliate websites, please inform him by email at bigdavetours[@]frenchvipservice.com specifying the URL link of the page used and the visual concerned or, failing that, a description or a detail allowing the seller to identify it easily.

ARTICLE 14 - FORCE MAJEURE


The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of an act of God or force majeure that would prevent the performance thereof. The seller shall inform the customer of the occurrence of such an event as soon as possible.

ARTICLE 15 - NULLITY AND MODIFICATION OF THE CONTRACT


If one of the stipulations of the present contract should be cancelled, this cancellation shall not entail the cancellation of the other stipulations which shall remain in force between the parties. Any contractual modification is valid only after written and signed agreement of the parties.

ARTICLE 16 - RGPD AND PERSONAL DATA PROTECTION


In accordance with the European and American regulation on the protection of personal data, you have the right to question, access, modify, oppose and rectify your personal data. By adhering to the present general conditions of sale, you agree that we may collect and use this data for the execution of the present contract.

ARTICLE 17 - APPLICABLE LAW


All clauses in these terms and conditions of sale, as well as all purchase and sale transactions referred to herein, are subject to U.S. law.


Viewed and revised on February 2024

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