General Terms and Conditions of Sale

Last updated: February 17, 2025

These General Terms and Conditions of Sale supersede and cancel all previous versions.

 

Section 1 – Scope of Application

1.1 Purpose and Scope of the GTC

1.1.1 Purpose

These General Terms and Conditions of Sale (GTC) define the contractual conditions applicable to the provision of concierge, advisory, and itinerary planning services offered by Apoena Voyages, a sole proprietorship registered under French law.

 

1.1.2 Scope

These GTC apply to any order placed by a client, whether a consumer or a professional, residing in France or abroad. They prevail over any other document, except in the case of an express written waiver granted by Apoena Voyages.

 

1.2 Legal Information

Apoena Voyages is a sole proprietorship registered in France under the micro-entrepreneur scheme.

• Business name: Apoena Voyages

• Legal form: Sole proprietorship (Micro-entreprise)

• Registered office: 23 rue de Kerven, 56670 Riantec, France

• SIREN number: 831 315 817

• SIRET number: 831 315 817 00013

• Contact email: contact@apoena-voyages.com

 

1.3 Definition of “Client”

1.3.1 General Definition

The term “client” refers to any individual or legal entity entering into a contract with Apoena Voyages for the purchase of services, whether for personal purposes (consumers) or professional purposes (companies, sole traders, associations, etc.).

 

1.3.2 Legal Capacity

The client certifies that they:

• Are of legal age and legally capable of entering into a contract under the applicable law.

• Have the necessary authority to bind a company or organization if placing an order on behalf of a professional entity.

 

Apoena Voyages reserves the right to refuse any order if these conditions are not met.

 

1.4 Acceptance of the GTC

1.4.1 Contractual Commitment

Any booking of a service implies full and unconditional acceptance of these GTC.

Before confirming a reservation, the client must tick a dedicated checkbox confirming they have read, understood, and accepted the GTC. Without this confirmation, the order cannot be finalized.

 

1.4.2 Prohibition of Contract Assignment

The rights and obligations arising from these GTC are strictly personal to the client. They may not be assigned, transferred, or delegated to a third party without the prior written consent of Apoena Voyages.

 

1.5 Modification of the GTC

1.5.1 Right of Amendment

Apoena Voyages reserves the right to modify these GTC at any time. The applicable version is the one in effect on the date of the order.

 

1.5.2 Notification of Modifications

Any substantial modification affecting the client’s rights or obligations will be notified by email to active clients and/or published on Apoena Voyages’ website.

 

1.5.3 Application of Modifications

• New Orders: Clients agree to the GTC in effect on the date of their order.

• Current Contracts: Changes do not affect ongoing contracts, except in cases of legal or regulatory obligations. If a change significantly impacts a current contract, the client’s written consent will be required.

 

1.6 Acceptance of the GTC with the Quote

1.6.1 Transmission of GTC with the Quote

These GTC are systematically attached to any quote issued by Apoena Voyages and form an integral part of the contract between the parties.

 

1.6.2 Quote Validation and Acceptance of GTC

The client’s acceptance of the quote—through handwritten signature, electronic confirmation, or written confirmation by email—constitutes acceptance of the GTC without reservation.

 

1.6.3 Modification of the Quote

Any request to modify the initial quote must be made in writing and approved by Apoena Voyages before the final order confirmation.

 

1.7 Application of the GTC to Consumers and Professionals

1.7.1 Scope of Application

These GTC apply to all clients, whether they are consumers (individuals acting for non-professional purposes) or professionals (companies, sole proprietors, associations, etc.).

 

1.7.2 Distinction of Applicable Rights

• Consumers: Benefit from specific protections under the French Consumer Code, particularly regarding the right of withdrawal (Article L.221-18) and mediation in the event of a dispute (Article L.612-1).

• Professionals: Certain consumer protection provisions do not apply to them, unless expressly stated otherwise.

 

1.7.3 Clients Located Abroad

• Clients residing outside France must ensure that using Apoena Voyages' services complies with the regulations in force in their country.

• In the event of a conflict between these GTC and any mandatory local regulation applicable to the client, the local regulation will prevail within the limits of its scope.

 

Section 2 – Formation of the Contract

2.1 Conclusion of the Contract

A legally binding contract is formed between the client and Apoena Voyages when the following conditions are met:

• The client selects and confirms their service booking via the Apoena Voyages website or through any other official communication method authorized by Apoena Voyages.

• The client makes full or partial payment in accordance with the stated terms.

• The client receives a confirmation email from Apoena Voyages detailing:

  • A summary of the selected services.

  • The total price, including applicable taxes.

  • A PDF invoice for the transaction.

 

This confirmation constitutes final acceptance of the contract, in accordance with Article 1127-2 of the French Civil Code, which requires that a professional offering services online must provide the client with a summary of the order details, pricing, and acceptance of the GTC before finalizing the contract.

 

2.2 Accuracy of Information Provided by the Client

The client is solely responsible for providing complete, accurate, and up-to-date information at the time of booking. In the event of incomplete, inaccurate, or misleading information, Apoena Voyages reserves the right to refuse, cancel, or suspend the booking.

 

No compensation or refund will be granted if the error is attributable to the client. However, in the case of a clear and unintentional error, Apoena Voyages may, at its discretion, offer a correction or partial refund, subject to any costs already incurred.

 

Apoena Voyages shall not be held liable for service disruptions resulting from incorrect details provided by the client, including but not limited to:

• Inaccurate personal or contact information.

• Failure to provide necessary travel documents.

• Misrepresentation of service requirements.

 

2.3 Restrictions on Contract Formation

Apoena Voyages reserves the right to refuse or cancel a booking in the following cases:

• Failure by the client to comply with these GTC.

• Suspected fraudulent or abusive use of the services.

• Inability to provide the requested service due to unforeseen circumstances (e.g., force majeure, technical failures, operational constraints).

• The client’s legal incapacity to enter into a contract under applicable law (e.g., minors without legal authorization).

 

In such cases, Apoena Voyages may cancel the contract without any obligation of compensation, unless consumer protection laws require otherwise.

 

2.4 Right to Amend or Correct Errors

Apoena Voyages reserves the right to correct any material, pricing, or service description error appearing on the website or in confirmation emails prior to the service being rendered.

 

If such an error significantly affects the contract, the client will be informed within a reasonable timeframe and before the service is executed. The client may then choose to:

• Accept the corrected terms.

• Cancel the contract and receive a refund, if applicable.

 

2.5 Proof of Agreement

In the event of a dispute concerning a booking, the parties agree that electronic records retained by Apoena Voyages (including email exchanges, booking confirmations, and invoices) shall constitute valid and sufficient evidence of the existence and terms of the contract.

 

In accordance with Articles 1353 et seq. of the French Civil Code, the burden of proof lies with the party making a claim, unless otherwise provided by law.

 

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Section 3 – Description of Services

3.1 Nature of the Services

The services are divided into two main categories:

 

A. Travel Assistance

Our presence remains discreet, yet constant. We are never far, available in case of unexpected events, hesitation, or occasional needs.

 

Le Phare – 60$/day (≃55€)

For independent travelers who like knowing that calm support is always within reach.Includes:

• WhatsApp assistance (daily presence, responses within 12 hours outside on-call hours)

• Occasional suggestions (places, meals, moments of calm)

• Simple adjustments in response to travel contingencies

• Light support for administrative steps or translations

 

B. Journey Design & Sensitive Mapping

For when you seek a more thoughtfully constructed trip, at your own pace, without rigid constraints. We listen, we design, we suggest.

 

Vision – ≃110$/day (≃100€)

Includes all services from Le Phare, plus:

• A personal preparatory conversation

• A digital travel guide with interactive map

• Selections of places, activities, and themes based on your preferences

• Fluid structuring of the overall rhythm (without strict schedules)

 

L’Horizon – ≃150$/day (≃130$)

Includes all services from Vision, plus:

• A complete day-by-day itinerary

• Detailed structuring of moments (rest, encounters, travel time)

• Alternative suggestions based on weather or mood

• All documents consolidated in a seamless interface

 

Signature Journey – on request only

A rare, deep, fully personalized creation. Every detail is considered, every silence respected.

Includes:

• 100% bespoke itinerary

• Private experiences and confidential encounters

• Access to places or individuals rarely proposed

• Extended digital presence throughout the stay

 

Common Principles Across All Offers

• No payments made on your behalf: you remain free and autonomous.

• No intermediary role: we receive no commission.

• Our suggestions are editorial, not commercial.

• All prices are in euros, net (micro-entrepreneur scheme, VAT exempt – Article 293 B of the French Tax Code).

• Billing is based on the number of accompanied travel days, as agreed in advance.

 

3.2 Exclusions and Limitations

Apoena Voyages is not a travel agency as defined under Article L211-1 of the French Tourism Code and does not:

• Purchase, resell, or act as an intermediary for travel services (flights, hotels, tours, activities).

• Make reservations directly on the client's behalf.

• Manage financial transactions or advance payments for bookings.

 

The client remains solely responsible for:

• Booking their accommodation, activities, and transportation based on the recommendations.

• Verifying availability, pricing, cancellation policies, and other conditions of third-party providers.

• Ensuring compliance with travel requirements (passports, visas, vaccinations, etc.).

 

3.3 Disclaimer Regarding Third-Party Services

Apoena Voyages acts solely as an advisor and does not represent, endorse, or guarantee any third-party service (hotels, airlines, restaurants, activity providers, transport companies).

 

The client acknowledges and accepts that:

• Any booking made with a third-party provider is their sole responsibility.

• Apoena Voyages is not responsible for service failures, cancellations, or price changes imposed by third parties.

• It is the client’s responsibility to read and accept the terms and conditions of third-party providers before finalizing any bookings.

• The client expressly waives any claim against Apoena Voyages in the event of disputes, delays, cancellations, modifications, or poor execution of a service booked with a third party.

 

In the event of a dispute, service failure, or dissatisfaction with a third-party provider, the client must resolve the issue directly with that provider. Apoena Voyages shall not be held liable for financial losses, additional costs, or damages arising from transactions with third parties.

 

3.4 Modification or Interruption of Services

Apoena Voyages reserves the right to modify, suspend, or discontinue any service without prior notice, particularly in cases of force majeure, operational constraints, or business restructuring.

 

Any change or suspension will not affect services already booked and confirmed, except in cases of force majeure.

Force Majeure Clause

In the event of force majeure preventing the delivery of services, Apoena Voyages may offer the client:

1. A rescheduling of the service within 12 months at no additional cost.

2. A credit valid for 12 months, if rescheduling is not possible.

 

If a legal obligation requires a refund due to force majeure, Apoena Voyages will comply with the applicable legal provisions.

 

Section 4 – Pricing and Payment Terms

4.1 Pricing and Invoicing

4.1.1 Display of Prices and Payment Currency

Service rates offered by Apoena Voyages are listed in euros (€). For informational purposes, an indicative conversion in US dollars ($) may appear on certain platforms, but all payments must be made exclusively in euros (€).

 

The final amount billed to the client depends on the exchange rate applied by their bank at the time of the transaction. Apoena Voyages cannot be held responsible for exchange rate fluctuations or any banking fees applied by the client’s financial institution.

 

4.1.2 Calculation of the Total Price

The total price is determined based on the total duration of the journey and the services selected. It is not possible to invoice only part of a reserved itinerary.

 

4.1.3 VAT Exemption under Micro-Enterprise Regime

In accordance with Article 293 B of the French General Tax Code, Apoena Voyages benefits from the micro-entrepreneur regime and VAT exemption. No VAT is applicable or charged on the services provided.

 

This exemption also applies to professional clients, whether based in France or abroad. Therefore, they cannot reclaim VAT on services invoiced by Apoena Voyages.

 

4.2 Payment Methods and Transaction Processing

4.2.1 Accepted Payment Methods

Payment for services may be made via:

• Bank transfer (SEPA only): Any related bank fees are the responsibility of the client.

• Credit/debit card (Visa, Mastercard).

• PayPal: Any transaction fees charged by PayPal are entirely at the client’s expense.

 

4.2.2 Bank Fees and Client Responsibility

Any banking fees, currency conversion charges, or transaction costs are exclusively borne by the client.

In the event of a refund, Apoena Voyages will not be liable for any banking fees incurred during the transaction. Refunds will be issued net of the original transaction fees.

 

4.3 Invoicing Policy

4.3.1 Issuance and Content of Invoices

Invoices are issued in digital format (PDF) and sent to the email address provided by the client at the time of booking.

 

4.3.2 Specific Invoices for Professionals

If a professional client requires a detailed invoice (e.g., including SIRET number, VAT exemption for intra-EU transactions), they must request it at the time of booking.

 

4.3.3 Modifications After Payment

Any request to modify a service after payment must be discussed with Apoena Voyages. Depending on the nature and complexity of the requested changes, additional fees may apply.

 

4.4 Right to Refuse a Service in Case of Irregular Payment

Apoena Voyages reserves the right to refuse or cancel a service under the following circumstances:

• Non-payment after the due date indicated on the invoice.

• An ongoing dispute or payment contestation with the client.

• Suspicion of fraud or irregularity in the payment.

 

In case of non-payment or suspected fraud, Apoena Voyages will notify the client via email. If the payment is not resolved within 48 hours, the booking may be canceled without right to claim or compensation.

 

Section 5 – Right of Withdrawal, Cancellations and Refunds

5.1 Right of Withdrawal

5.1.1 General Principle

In accordance with Article L.221-18 of the French Consumer Code, consumer clients have a right of withdrawal within 14 days from the conclusion of the contract, with no obligation to provide justification.

 

However, pursuant to Article L.221-28 of the same Code, this right does not apply in the following cases:

• The service has been fully executed before the withdrawal period expires, with the client’s prior consent.

• The client has requested immediate execution of the service before the 14-day period ends and has thus expressly waived their right of withdrawal.

 

5.1.2 Acceptance of Waiver of the Right of Withdrawal

Before confirming a booking, the client must tick a designated checkbox confirming that they:

1. Request immediate execution of the service before the end of the withdrawal period.

2. Expressly acknowledge that they waive their right of withdrawal.

Without this explicit acceptance, Apoena Voyages will not be able to perform the service before the 14-day period has expired.

 

5.1.3 Partial Execution and Potential Refund

• If service execution has started but has not been completed before the end of the withdrawal period, a partial refund may be considered, after deducting incurred costs and services already rendered.

• Once the service has been fully executed, no refund may be claimed.

 

5.2 Cancellation Policy

5.2.1 General Conditions for Cancellation

All cancellation requests must be made in writing and sent to: contact@apoena-voyages.com.

• A cancellation will only be considered valid once confirmed in writing by Apoena Voyages.

• Apoena Voyages undertakes to acknowledge receipt of the cancellation request within 48 business hours.

• The cancellation takes effect on the date of the written confirmation sent by Apoena Voyages.

Once the service has started, no refund will be granted.

 

5.2.2 Cancellation Before the Start of the Service

• Refunds and Applicable Fees

If the cancellation is requested before full execution of the service, a partial refund may be granted, subject to the deduction of the following fees:

• Fixed administrative fee of €50 (non-refundable), covering:

  • Client needs analysis and initial complimentary discussions.

  • Research and preparation work for the service.o Administrative processing of the file.

• Additional fees based on the progress of the service:

  • If the personalized itinerary and digital documents (e.g., PDF, interactive map, travel guide) have already been sent, the service is considered completed and no refund will be issued.

  • If concierge support or adjustments are still pending, a pro rata refund may be considered, subject to deduction of the costs incurred.

  • Bank fees and transaction charges imposed by financial institutions remain entirely at the client's expense.

 

Refund Cap

The total refund amount may not exceed 80% of the total amount paid, unless otherwise decided by Apoena Voyages based on exceptional circumstances.

 

5.2.3 Cancellation by Apoena Voyages

Apoena Voyages reserves the right to cancel a service in the following situations:

1. Force majeure (see Section 6.3).

2. Operational constraints making service delivery impossible.

 

In the event of cancellation by Apoena Voyages, the client will be offered the choice between:

• A full refund, unless part of the service has already been provided.

• A credit valid for 12 months to reschedule the service.

 

Apoena Voyages undertakes to inform the client within a reasonable timeframe, and no later than 72 hours before the scheduled service start date, except in cases of force majeure.

 

No additional compensation will be due.

 

Section 6 – Liability and Force Majeure

6.1 Limitation of Liability

6.1.1 General Principle

Apoena Voyages operates as a provider of concierge, advisory, and itinerary planning services, not as a travel agency. It does not organize or sell transportation, accommodation, or tourist activities directly.

 

Apoena Voyages is bound by a duty of care, not by an obligation to achieve specific results. It commits to delivering its services diligently and professionally, but cannot guarantee a precise outcome or a travel experience free of unexpected events.

 

The client remains fully responsible for the decisions they make based on the advice and recommendations provided by Apoena Voyages. Apoena Voyages shall not be held liable for any consequences resulting from incorrect, incomplete, or omitted information provided by the client.

 

6.1.2 Exclusions of Liability

To the fullest extent permitted by law, Apoena Voyages excludes all liability for:

• Third-Party Services

  • Services provided by third-party vendors (hotels, airlines, restaurants, guides, transport agencies, etc.), whether recommended by Apoena Voyages or not.

  • Cancellations, modifications, or poor execution of services booked directly by the client with third-party providers.

• Client Errors

  • Any mistake or omission by the client in managing their trip (e.g., incorrect booking, failure to meet travel requirements, misinterpretation of advice).o Failure to provide key information required for proper service execution.

• Events Beyond Apoena Voyages’ Control

  • Delays or cancellations in transportation.

  • Adverse weather conditions.

  • Government restrictions, strikes, health crises, international conflicts, or any other unforeseeable event.

• Financial Losses and Indirect Damages

Apoena Voyages shall not be held liable for financial losses or indirect damages, including but not limited to:

• Loss of income or missed business opportunities.

• Additional expenses due to unforeseen events (e.g., rebooking fees, emergency lodging, visa replacements).

 

6.1.3 Financial Liability Cap

The total liability of Apoena Voyages, regardless of the cause, is strictly limited to the amount paid by the client for the relevant service.

However, this limitation does not apply in the case of proven gross negligence or willful misconduct by Apoena Voyages.

 

6.2 No Guarantee Regarding Third-Party Services

6.2.1 No Liability for Third-Party Providers

All bookings made with third-party providers (hotels, airlines, transport companies, restaurants, local agencies, guides, etc.) are exclusively governed by the contract between the client and the relevant provider.

 

Apoena Voyages does not represent, endorse, or guarantee any third-party provider and cannot be held liable for:

• The quality of service provided by third-party vendors.

• Their sales terms, business practices, or pricing changes.

• Delays, cancellations, or insolvency of said providers.

 

In case of issues with an external provider, the client must resolve the matter directly with the provider, with no recourse against Apoena Voyages.

 

6.2.2 Disclaimer of Guarantee

Apoena Voyages does not guarantee:

• The availability, compliance, or quality of services offered by third parties.

• The accuracy or update of information provided by third parties (e.g., schedules, prices, cancellation terms).

• The absence of changes or cancellations by third-party providers.

 

Client Responsibility:

It is the client’s responsibility to verify all applicable conditions directly with providers before confirming a booking.

 

6.2.3 Bookings Made by the Client

The client is solely responsible for any bookings made based on recommendations from Apoena Voyages.

 

Client Obligations:

• Review the general terms of third-party providers before any booking.

• Confirm rates, availability, and applicable restrictions.

• Ensure they hold the required travel documents (passport, visa, insurance, vaccination certificate, etc.).

• Read and understand the providers’ cancellation and modification policies.

 

Disclaimer: Under no circumstances shall Apoena Voyages be held liable for any loss or damage resulting from a booking made by the client with an external provider.

 

6.2.4 Selection of Third-Party Recommendations

Apoena Voyages does not make bookings on the client's behalf and does not receive commissions from third-party providers. Recommendations offered as part of concierge and itinerary planning services are based on:

• Regular monitoring of the tourism market and client feedback.

• Objective quality criteria: average ratings, certified reviews, compliance with industry standards.

• Non-exclusive partnerships with reputable providers, when relevant.

 

However, such recommendations are purely informative, and Apoena Voyages cannot guarantee the quality or availability of third-party services. It is the client’s responsibility to verify terms and enter into agreements directly with the chosen provider.

 

6.3 Force Majeure Clause

6.3.1 Definition and Covered Events

In accordance with Article 1218 of the French Civil Code, a force majeure event is defined as an unforeseeable, unavoidable, and external occurrence that prevents the normal fulfillment of contractual obligations.

 

Examples of force majeure events include:

• Natural disasters (earthquakes, floods, hurricanes).

• Wars, terrorist attacks, or civil unrest.

• Pandemics, health crises, or government-imposed travel restrictions.

• Strikes, bankruptcy of airlines or providers, supply chain disruptions.

• Major technological failures affecting communication systems.

 

If a force majeure event prevents service delivery, Apoena Voyages commits to:

• Informing the client by email and/or phone within 5 working days of the event.

• Offering an appropriate solution, such as:

  • A rescheduling of the service within 12 months at no extra cost.

  • A credit note valid for 12 months, if rescheduling is not possible.

 

If the force majeure results in the permanent impossibility to provide the service, the contract will be terminated by operation of law, and a refund will be issued, minus services already rendered and incurred expenses.

 

6.4 Client Responsibilities and Indemnification

6.4.1 Client Obligations

By booking a service with Apoena Voyages, the client agrees to:

• Comply with all travel advice and local legal obligations.

• Provide accurate and complete information necessary for proper service execution.

• Disclose any elements that may affect the organization of the service.

 

Failure to meet these obligations releases Apoena Voyages from any liability and may result in cancellation of the service without refund.

 

6.4.2 Indemnification

The client agrees to indemnify and hold Apoena Voyages harmless from any claims, damages, or disputes arising from:

• An interaction with a third-party provider.

• Misuse of Apoena Voyages services.

• Failure to meet the client’s own obligations.

 

6.5 Use of Affiliate Links and Transparency of Recommendations

Apoena Voyages may include affiliate links in its service recommendations (accommodations, activities, transport, etc.), which redirect to third-party platforms such as Booking, GetYourGuide, Viator, or others.

 

Using these affiliate links means that Apoena Voyages may receive a commission if the client books through the link, without impacting the price paid by the client.

 

What this means for the client:

• Recommendations are made independently and without obligation to use the affiliate links.

• The price remains the same whether the client books directly or via the provided link.

• Apoena Voyages does not manage bookings or transactions and has no control over the services offered by affiliate platforms.

 

Disclaimer

Any booking made via an affiliate link falls solely under the contract between the client and the relevant provider. Apoena Voyages does not guarantee:

• The availability, quality, or accuracy of offers listed by affiliate platforms.

• The fulfillment of services, or conditions of modification, cancellation, or refund.

• Any changes in pricing or commercial policies of the providers.

 

The client acknowledges that it is their sole responsibility to read and accept the provider’s general terms and conditions before making a booking. In the event of a dispute, they must address the matter directly with the concerned platform.

 

Section 7 – Mediation and Dispute Resolution

7.1 Attempt at Amicable Resolution

Before initiating any formal dispute resolution procedure, the client must first attempt to resolve the issue directly with Apoena Voyages by submitting a written complaint to the following address: contact@apoena-voyages.com.

 

Resolution Process:The client must provide a detailed written complaint including:

• Their full contact information (name, address, phone number, email).

• A description of the dispute and the steps already taken to resolve it with Apoena Voyages.

• Any relevant supporting documentation related to the complaint.

 

Apoena Voyages commits to responding within 30 days from receipt of the complete complaint, provided all requested information is supplied.

 

If no agreement is reached within this period, the client may initiate a mediation process.

 

7.2 Mediation Procedure

If a dispute remains unresolved between Apoena Voyages and the client, the client has the right to refer the matter, free of charge, to a consumer mediator, in accordance with Article L.612-1 of the French Consumer Code.

 

Designated Mediator:

• Société Médiation Professionnelle

• SIRET Number: 814 385 357 00011

• Head Office: 24 rue Albert de Mun, 33000 Bordeaux, France

 

Contact details for mediation requests:

• Website: https://www.mediateur-consommation-smp.fr/

• Postal address: Société Médiation Professionnelle – Médiation Consommation, 24 rue Albert de Mun, 33000 Bordeaux, France

 

Before initiating mediation, the client must ensure that the mediator is still active and accepts to handle the dispute.

 

Conditions for initiating mediation:

• The client may only contact the mediator after attempting to resolve the dispute directly with Apoena Voyages.

• The request for mediation must be made in writing and in French.

• The mediation request must be submitted within a maximum of 12 months after the initial complaint.

 

In accordance with Regulation (EU) No. 524/2013, the client may also submit their dispute via the European Commission’s Online Dispute Resolution (ODR) platform:

https://ec.europa.eu/consumers/odr

 

7.3 Mediation Process and Outcome

The mediation process is confidential and conducted in an impartial and independent manner.

• Both parties remain free to accept or reject the mediator’s proposed solution.

• If mediation does not result in an agreement, the client retains the right to pursue legal action under the terms described in the next section.

 

Mediation does not interrupt or suspend the statutory time limits for taking legal action. It is the client’s responsibility to ensure they comply with those time limits.

 

Section 8 – Data Protection (GDPR Compliance)

8.1 Introduction to GDPR

Apoena Voyages is committed to protecting the privacy and personal data of its clients, in accordance with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679). This regulation, applicable throughout the European Union, sets strict rules regarding the collection, processing, storage, and security of personal data.

 

8.2 Types of Data Collected

To deliver its concierge and travel planning services, Apoena Voyages may collect and process the following types of personal data:

• Identity data: full name, date of birth, nationality.

• Contact details: email address, phone number, postal address.

• Travel preferences: preferred accommodations, restaurants, and activities.

• Administrative data: passport or visa information (if provided for consultative purposes only). This information is not stored permanently and is deleted once no longer required for the requested service.

• Payment data: transaction history (credit card details are never stored).

 

Processing of sensitive data:

Apoena Voyages never collects sensitive data (e.g., medical information, religious beliefs, political opinions), unless explicitly required for certain services and with the client’s express consent.

 

8.3 Purpose and Legal Basis for Data Processing

Collected data is strictly used for the following purposes:

• Managing bookings and personalized travel planning.

• Providing real-time assistance to travelers.

• Sending confirmation emails, invoices, and service-related communications

• Complying with legal and regulatory obligations.

• Improving services and customer experience.

 

The processing is based on one or more legal grounds, including:

• The client’s consent (explicitly given before data is collected). Consent may be withdrawn at any time by sending a request to contact@apoena-voyages.com.

• Contractual necessity (for service execution).

• Legitimate interest (for service improvement and client relationship management).

 

8.4 Data Retention Period

Personal data is securely stored and retained for a maximum of two (2) years from the last interaction with Apoena Voyages, unless a longer retention period is legally required.

 

Transaction data is retained for ten (10) years in accordance with accounting and tax regulations.

 

Data deletion:

Once the retention period expires, client data is either deleted or anonymized. Clients may request the deletion of their data at any time unless retention is required for legal reasons (e.g., regulatory compliance).

 

8.5 Data Security Measures

Apoena Voyages implements appropriate technical and organizational measures to protect personal data against:

• Unauthorized access.

• Alteration.

• Disclosure.

• Accidental or unlawful destruction.

 

Security protocols:

• Encrypted databases for secure storage.

• Limited access to personal data to authorized personnel only.

• Regular audits to ensure GDPR compliance.

 

8.6 Client Rights under GDPR

In accordance with GDPR, clients have the following rights regarding their personal data:

• Right of access: obtain a copy of the personal data held.

• Right to rectification: request correction of inaccurate or incomplete data.

• Right to erasure ("right to be forgotten"): request deletion of data, subject to legal obligations.

• Right to restriction of processing: limit the use of data in certain cases.

• Right to data portability: receive data in a structured and readable format.

• Right to object: object to the use of data for marketing or legitimate interest purposes.

 

Exercising these rights:

To exercise these rights, clients must submit a request to contact@apoena-voyages.com along with proof of identity.

 

8.7 Data Sharing and International Transfers

Apoena Voyages does not sell or share personal data for commercial purposes. However, some data may be accessible to trusted service providers (e.g., IT security, payment processors) solely for service delivery.

 

Transfers outside the EU:

If data is transferred outside the European Union, Apoena Voyages ensures that appropriate safeguards (e.g., standard contractual clauses) are in place to ensure GDPR compliance.

 

8.8 Complaints and Contact

For any question regarding data protection, contact: contact@apoena-voyages.com.If a client believes their rights are not being respected, they may file a complaint with the CNIL (www.cnil.fr).

 

8.9 Cookies and Tracking

Apoena Voyages may use cookies and other trackers to enhance user experience.

• Cookies strictly necessary for the website’s operation do not require consent.

• Analytical and advertising cookies require the client’s prior consent, obtained via a banner displayed on the first visit.

 

Section 9 – Intellectual Property

9.1 Ownership of Content

All content provided by Apoena Voyages, including but not limited to:

• Texts, images, graphics, logos, brand elements.

• Travel itineraries, recommendations, reports, and digital documents.

 

is the exclusive property of Apoena Voyages or its content providers.

 

This content is protected under the French Intellectual Property Code (Articles L.111-1 et seq.), and any unauthorized use may result in civil or criminal penalties.

 

Intellectual Property Protection:

• Any reproduction, distribution, modification, or unauthorized use of this content, in whole or in part, is strictly prohibited.

• Any violation of this clause may result in legal proceedings, including claims for damages.

 

9.2 Use of Itineraries and Services

The personalized itineraries, travel recommendations, and advisory services provided by Apoena Voyages are strictly for the private, personal use of the client.

 

Prohibited Uses:

• Clients may not resell, share, or use these materials for commercial purposes without written permission from Apoena Voyages.

• The client may not alter, reproduce, or distribute these materials, even partially, without written authorization.

 

Unauthorized redistribution or publication constitutes a copyright infringement and may be prosecuted.

 

9.3 Usage License

Under specific conditions defined in writing, Apoena Voyages may grant a:

• Limited,

• Non-exclusive,

• Non-transferable,

• Revocable license

 

allowing the use of certain content for predetermined purposes.

 

Any request for authorization must be submitted to Apoena Voyages before any such use.

 

9.4 Violation of Intellectual Property Rights

Any unauthorized use, reproduction, or appropriation of Apoena Voyages content will be considered a breach of intellectual property rights and may lead to:

• A lawsuit for damages.

• A court order to cease the unauthorized use.

• Financial penalties in accordance with French and international intellectual property law.

 

According to Articles L.335-2 et seq. of the French Intellectual Property Code, counterfeiting is punishable by up to three years of imprisonment and a fine of €300,000.

 

9.5 Protection of Brand and Identity

The name, logo, and visual identity of Apoena Voyages are registered and protected trademarks.

Clients are strictly prohibited from:

• Using, reproducing, or modifying the Apoena Voyages brand, logo, or identity without prior written authorization.

• Attempting to imitate or exploit the brand for misleading or unauthorized commercial purposes.

 

Any fraudulent use or imitation of these elements will be subject to immediate legal action.

Apoena Voyages may also benefit from international brand protection via the World Intellectual Property Organization (WIPO) or other competent bodies.

 

9.6 Reporting Unauthorized Use

If a client or third party becomes aware of unauthorized use of Apoena Voyages content or brand, they are encouraged to report it immediately via email at: contact@apoena-voyages.com

 

Section 10 – Applicable Law and Jurisdiction

10.1 Governing Law

These General Terms and Conditions of Sale (GTC) are governed by and interpreted in accordance with French law, particularly the provisions of the French Consumer Code and Civil Code.

 

Primacy of the French Version

In case of discrepancy between the English version and the original French version of these GTC, the French version shall prevail.

 

This rule applies only to the present GTC and not to other contractual documents drafted in other languages.Any translation of these GTC is provided for information purposes only. In case of a dispute regarding interpretation, only the French version shall be binding in court.

 

10.2 Jurisdiction and Dispute Resolution

10.2.1 General Rules

Any dispute relating to the performance or interpretation of these GTC that cannot be resolved amicably shall be submitted to the competent French courts.

 

10.2.2 Specific Jurisdiction Rules

• Consumer Clients (B2C)

  • In accordance with Article R.631-3 of the French Consumer Code, a consumer client may bring a case before:– The court of their place of residence.– The court where Apoena Voyages has its registered office (Lorient, France).

• Professional Clients (B2B)

Any dispute with a professional client shall be exclusively submitted to the courts of Lorient (France), unless otherwise required by mandatory legal provisions.

• Clients Located Outside France

  • For clients residing in another EU country, Regulation (EU) 1215/2012 allows them to bring the case before the courts of their country of residence, if permitted by local law.

  • This provision shall not deprive a consumer of mandatory legal protections provided by their country of residence.– For non-EU clients, French law applies by default. However, if local mandatory regulations grant the client broader protections (e.g., extended withdrawal rights, mandatory refund guarantees), such rules shall prevail only within their strict scope of application.

 

In all cases, Apoena Voyages advises foreign clients to verify any legal restrictions applicable in their country regarding tourism-related services.

 

10.2.3 Exclusion of Foreign Jurisdictions

In case of a dispute, only French courts shall have jurisdiction, unless consumer protection laws require otherwise.This exclusion does not apply to consumers benefiting from mandatory legal provisions allowing them to bring their case before another court.

 

10.2.4 Legal Action Deadlines

Any legal action against Apoena Voyages must be initiated within the applicable statutory limitation period from the date of the disputed event.

• Consumer clients: Under Article 2224 of the French Civil Code, the limitation period for contractual claims is five (5) years.

• Professional clients: Any legal action must be brought within one (1) year, unless a longer statutory period applies.

 

The above time limits apply in accordance with French law, unless a different mandatory provision applies to the client.

 

This clause does not limit the mandatory rights granted under French consumer protection laws.

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