GENERAL SALES CONDITIONS
USE OF OUR SERVICES IMPLIES ACCEPTING THE FOLLOWING TERMS AND CONDITIONS.
Starkiero is a company subject to French law.
Starkiero offers guided tours, themed lectures, as well as consulting type services related to recreational and business tourism, and connecting with professionals in the transport, lodging, and restaurant industries.
Regarding the consulting service, it is stated that Starkiero only:
provides general advice on hotels, transportation, or restaurants (which services Strakiero does not provide) or to establish an "initial" contact bewteen private persons (individuals, public or private companies) with providers, external to Starkiero, related to transportation, accommodation or restaurant in particular.
Advice or information provided with regard to connecting private persons to providers, external to Starkiero, are given for informational purposes which the Customer or the Recipient is free to take into account or not.
As such, Starkiero does not intervene in any way in booking, in sales, or in the payment of services associated with transportation, lodging or restaurant that the Customers would eventually book. Starkiero can not be held responsible in any way for anything related to the services mentionned above.
As such, it is clarified that Starkiero does not sell package holidays. Its main activity is the organization of guided tours.
Starkiero may therefore, in no event, not be liable for any damages, direct or indirect, that the use of the information, products or services, advice that Starkiero would provide, would cause to any person ; including losses related to acts of organization, booking and execution of a service of any professional transportation, accommodation or restaurants.
Therefore, Starkiero is by no means seller of the transportation, hotel, or restaurant recommended to the Customer and does not perform as a travel agency or tour operator.
The purpose of these terms and conditions is to set out the terms and conditions granting access to the products and services offered by Starkiero. Consequently, any order made by the Customer implies the unreserved agreement and full acceptance of these general terms and conditions, which take precedence over any other document, except under conditions expressly agreed to in writing by the Vendor.
The present terms and conditions are subject to French law and are effective as of 1 September 2014. They may be modified by Starkiero at any time without prior notice.
Should a new version of these terms and conditions be published, these latter shall not apply to bookings previously accepted and confirmed by Starkiero. The applicable terms and conditions of a booking are those present on the website (www.starkiero.com) at the time of the booking.
Each quote or order or confirmation of order sent to the Customer is subject to General Sales Conditions (hereafter GSC) applicable only to the particular quote, order or confirmation of order adressed to a specific Customer ; in which case, the GSC attached to the specific quote, order or confirmation of order is applicable.
Any dispute arising from these terms and conditions which was not able to be resolved amicably between the parties shall fall under the jurisdiction of the city of Paris. Should a conflict arise concerning these terms and conditions, the French version shall prevail over any translated version. Invalidation of one or several clauses of the present GSC does not invalidate the other clauses of the GSC.
Vendor : J. PARK company – Starkiero. Starkiero designate J. PARK company.Customer: the natural person or legal entity who purchases a service, with the understanding that the Customer might or might not be the Recipient of the Service, depending on whether the Customer will use the Service personally or professionally.Recipient: the person who uses the Service. Service: the event or performance provided by the Partner to the Recipient.
Travel Itinary : all circuits or Discovery circuits, the starting and ending time of the visits; the definitive travel itinary is the one sent to the Customer or to the Recipient before the first scheduled visit.
GSC : General Sales Conditions or Terms and conditions.
Service(s) sold by Starkiero : event or service(s) provided by Starkiero to the Recipient
Partner: the service provider selected by Starkiero which service Starkiero does not provide to the Recipient and with regard to which Starkiero provides only personal opinion and without any commitment on the part of Starkiero.
Pass : ticket issued to the Customer by email or by post on ce the Customer has confirmed a booking. To be presented by the Customer on the day of the Service.Tickets: the tickets to be presented to the Partners (Museums, Monuments...).Prepaid: a Service paid for ahead of time by the Customer to Starkiero..Voucher: a voucher from a professional in the tourism industry accepted by POW following an agreement/contract between the two parties.
Circuit or Discovery Circuit : a set of guided tours and visits ; it does not designate a « package tour » or « organised tour » or « package holiday ». Starkiero sells only visits or a set of visits.
Force majeure: Force majeure or cas fortuit refers to any extraordinary event, unforeseeable and unavoidable as defined in Article 1148 of France’s Civil Code, beyond the reasonable control of Starkiero, which hinders the carrying out of services sold, preventing the agency or the service providers involved in the fulfillment of the visit to carry out all or part of the obligations set out in the present contract.It is expressly agreed that this can include extreme weather events, strikes in transportation systems, museums and monuments, hotel personnel, or air traffic controllers, the interruption of telecommunication networks and of the Internet, breakdown of equipment provided by the service, political instability or riots, and any restrictions set out by the government or public authorities.
Site: a place, a monument, museum or other space subjet to a visit.
Visit: a tour with a guide, a self-guided tour with audio files created by Starkiero provided to the Customer and the Recipient.
All prices in the promotional brochures and on the website are indicated in Euros and inclusive of all taxes. They may be subject to revision at any time. Similarly, any price quoted prior to booking is subject to change.
The firm and definitive price applicable are those indicated in the quote adressed to the Customer.
5. Bookings :
Bookings can be made by email, fax, or telephone.
By fax : +33 1 76 50 55 72 / By Par telephone : +33 (0)6 51 06 13 57 / +34 6 22 87 15 34
If the order is made over 30 days before the date of the first ordered visit:
At each order of Customer, a deposit of 50% of the total amount ordered has to be made.
The reservation becomes final upon reception of the deposit representing 50% of the total ordered.
The balance (outstanding amount) must be paid spontaneously no later than 30 days before the date of the first ordered visit.
If the order is made less than 30 days before the date of the first visit:
The full price of the ordered services must be paid. In this case, the reservation becomes final upon reception of the payment of the total amount ordered.
Payment may be made by credit card or other means of payment provided by Starkiero.
Any disability needing special assistance must be reported at the time the reservation is made in order to determine the practical arrangements required. A request will then be issued to the Site so as to ensure the possibility of the visit. In the event that access to the Site should prove impossible due to a lack of necessary infrastructure at the Site, Starkiero shall not be held liable in any way.
8. Conditions of the visits:
Number of pax: Some museums and monuments limit the number of people per guide to 25. Museums and monuments require group reservations for parties of 5 people or more. If a reservation with the Site is not obtained, Starkiero visit will not be able to take place. Customer or Recipient delays: The guide will automatically wait for the Customer or Recipient for quarter hour following the meeting time fixed at the time the booking was made. In this case, the guided tour will be cut short for the amount of time of the delay, or, subject to the availability of the guide and the consent of Stakiero, may be extended for the same amount of time. The service will then incur a proportionate surcharge based on the applicable rates, and only if Stakiero grants its consent to the guide on site. Guide or Recipient delays: The Customer or Recipient will wait for the Guide for a half an hour. Subject to the availability of the Guide, the guided tour may be extended for the amount of time of the delay. In the event of a disagreement, the guided tour will be cut short for the amount of time of this delay. Beyond a half an hour delay, the group has the right to cancel the guided tour and claim damages that shall not exceed the total price of the guided tour initially set.
The visits are available to individuals, grouped individuals, and pre-existing groups.
The duration of the guided tours are given on an approximative basis and is that featured in the promotional brochures and on the website www.starkiero.com.
On Circuits and Discovery Circuits, the length of the visits to retain are those indicated in the travel itinary sent to the Customer or the Recipient before the first visit of the Circuit or Discovery Circuit ordered.
Availability of Sites: Visits take place on sites during opening hours, except exceptional closing times. In the event of unforeseeable circumstances affecting the proper functioning of the Site, involving security, technical or artistic constraints, the route of the visit may be modified the same day, with no possibility of refunds or restitutions on behalf of Starkiero.
Starkiero cannot be held liable for any accident or damage that occurs during a visit organized by Starkiero when Starkiero is only acting as an intermediary between these service providers and the Customer.
When participating in guided tours organized by Starkiero, Starkiero or its sub-contractors or guides, whether they are self-employed entrepreneurs or volunteers, may not be held liable whatever damage done to properties, tangible or of any other nature, and that, during the tours or transfers.
All Customers or Beneficiaries must be on time at the meeting point previsouly indicated by Starkiero. Any latecomer arriving after the scheduled start time of the guided tours may not be accepted, but it is not ground for postponement or refund of the visit.
In the event that the latecomer would be accepted in the group, the initial length of the tour will be reduced for the latecomer the amount of the time he was late.
For reasons of safety and liability, Starkiero reserves the right to refuse to accept in the group people whose condition is not compatible with the attention required for participating in the guided tour. No refund or compensation will be sought in this regard. In addition, the appreciation of the state of the Customer or Recipient remains at the sole discretion of Starkiero. For examples, the state in question might be drunkenness, illness, person preventing the normal course of the guided tour ...
Starkiero is the only contact of the Customer or Recipient and shall be responsible for the enforcement of obligations under the Terms/GSC.
Starkiero can not be held responsible in the event of force majeure, of unforeseeable circumstances or due to any person outside the organization of the tours and that would prevent Starkiero to fully or partially fulfill its obligations.
9. Refunds and cancellations:
Some activities are subject to weather conditions and may be cancelled if conditions are unsuitable. However, all services are subject to cancellation when circumstances arise that are beyond the control of Starkiero or of its service providers. In cases of force majeure or events that may threaten the security or disrupt the proper running of the service, bookings may be postponed or cancelled.
Starkiero will then provide a counter-offer for the service.
If a service that the Customer have booked is cancelled, or if its date, time or location is modified, the Customer accept that Starkiero may use the contact details that the Customer provided when making the booking in order to keep the Customer informed of the procedure to be followed.
In the event that the Customer or Recipient would not accept the counter-offer, no refund or compensation of any kind shall be charged with Starkiero ; the refusal of the Customer or Recipient will be deemed a cancellation by him.
Customer/Recipient cancellations: Any cancellation for whatever reason on the part of the Custmer or the Recipient must be made in writing to Starkiero. The cancellation request is effective only as of when the Starkiero team has been informed of it in writing.
Refund in case of cancellation in case of Customer or of the Recepicient withdrawal or no-show:
More than 30 days prior to the beginning of the service: 50 % refunded
Fewer than 30 days prior to the beginning of the service: 0% refunded
In case of any reduction in the number of people of a group already formed, the refund terms applied are the same as above.
Any service interrupted or shortened or not consumed by a Customer or Recipient, and for any reason whatsoever, will not give rise to any refund. No refunds will be made for the loss of the final ticket or fail to present the voucher on the day of the service provided by Starkiero. Any delay or no show of the Recipient is considered withdrawal and does not give rise to any refund or any compensation whatsoever.
These provisions do not apply if the Customer or Recipient has agreed to an alternative proposed by Starkiero as part of a mutual agreement.
In case of force majeure such as weather or event which Strkiero can not influence, no refund or compensation of whatever its nature is due by Starkiero.
To ensure good functionning of visits, Starkiero may at any time change the start time and end time of the visit. The Customer or the Recipient will have to adjust to the changes made by Starkiero. As such, the Customer or the Recipient shall not claim any refund or claim any compensation whatever its nature if Starkiero change the start time and end time of the visits.
A voucher issued by Starkiero can not be returned, exchanged or resold.
10. Personal data:
In accordance with the Data Protection Act of 6 January 1978, the information requested on the contact and quote forms is necessary to process your request.
Starkiero values the privacy of the Customer and the protection of information provided by the Customer to Starkiero, and adheres to current legislation concerning the protection of personal data.
The Customer or the Recipient have a right to access, correct, or remove data relating to the Customer or the Recipeint by contacting Starkiero and attaching a copy of his photo ID to the request of the Customer or the Recipient.
Starkiero may provide the Customer or the Recipient with information enabling a better understanding of the offers presented.
The company Starkiero - J. PARK has taken out an insurance policy covering professional civil liability to HISCOX. The Customer or the Recipient is meanwhile responsible for all damages caused by him. It is therefore advised to purchase liability insurance.
12 Provision with regard to audio files
12.1. The audio files are provided by Starkiero to be used during self-guided tours on sites previously indicated by Starkiero. The Customer or the Recipient shall be equipped with a smartphone or MP3 player and earphones for listening to these audio files. In the event that the Customer or Recipient is not equipped with one of the equipment or if his equipment does not work or does not work properly, Starkiero should not be held responsible and the Customer or Recipient is not entitled to any refund or compensation whatsoever.
12.2. The contents of the audio files
All audio data (text, sounds or images) on the files is the exclusive property of Starkiero. Any reproduction, representation or distribution of the content of audio files for any purpose other than personal, in whole or in part on any medium or by any means, is prohibited unless specifically authorized by Starkiero. Failure to comply with this prohibition constitutes an infringement and may result in civil and criminal penalties.
12.3. For some Sites, Starkiero may offer to the Customer or Recipient an equipment for listening to the audio files. This service will be charged to the Customer or Recipient. The responsibility of the equipment is at the expense of the Customer or the Recipient. If broken or stolen, equipment fees will applied by Starkiero.
13. Illustrations on the website:
All photos that appear on the website are non-contractual. Starkiero does not assume any liability for the accuracy of any information provided on the website. Documents containing descriptions, technical details (in particular times, dates, and duration), photos, illustrations or any other information, are provided merely as an indication.
14 Reliability of data published on the website starkiero.com and generated upon advice of Starkiero
Concerning the access and use of data, responsibility of Starkiero can not be directly or indirectly retained in any capacity and for any reason whatsoever:
-In case of damage of any kind whatsoever made on equipment, loss of data, when connecting to the website.
-In any case, Starkiero, its employees, its suppliers or third parties will not be held liable under an action in contract or any other action, for any direct, indirect, incidental or or any kind or any damages, including financial or business resulting from the use of this website or any information contained on the web site.
-Concerning advice provided by Starkiero, the services provided by Starkiero are limited to connecting the Client to travel agencies, various providers (hotels, restaurants, theaters ...) which retain their own responsibilities with regard to legal provisions that govern them.
Starkiero can in no way be considered a party to the contract that would come to be established between the Customer and the Tour Operator or any other provider of services recommended by Starkiero.
Starkiero may therefore not be held responsible for the consequences of the execution of the contract referred to above including difficulties with regard to travel arrangements, or in the case of outright cancellation thereof, the above examples not being exhaustive.
15 Commitment/obligations of the user, the Customer or the Recipient
All elements (text, trademarks, icons, layout, database ...) contained in the web site or in documents (brochure, leaflet, flyer ... the list not being exhausitve) are protected by national and international law on intellectual property.
These elements remain the exclusive property of Starkiero, J. PARK.
As such, unless prior written permission by Starkiero, the user of the website or documentation (brochure, leaflet, flyer ... the list not being exhaustive), is not allowed to make any reproduction, adaptation (except in digital form on the computer and for viewing pages consulted), translation and / or partial or complete transformation, or transfer to another website any material from this website.
Only printed material is permitted for private copies for the exclusive use of the copier with reference to Article L. 122-5 2 ° of the Code of Intellectual Property. In accordance with the Code of Intellectual Property, the only authorized use of components of this site for personal use.
Any copying, republication or redistribution of names or logos, by any means whatsoever without the prior written permission by Starkiero is prohibited by law and may constitute trademark infringement, involving both civil and criminal responsibility of the user.
The liability of each of the parties is limited to the commitments undertaken by them within the terms of the contract. Neither party shall be held liable for non-performance or delays in performance of its obligations set out in these terms and conditions if the non-performance or delay is the result of an instance of force majeure. Starkiero shall not be held responsible in the event of the following:
Theft, loss of funds and stocks belonging to the Customer or to Recipient, which occurred during the events covered by the contract,
Personal injuries and damage to property suffered by the Customer or by Recipient during the intervention of one or more service providers under the terms of the contract,
Assault or deliberate injury that the Customer or Recipient may inflict on themselves or others during a fight or accident resulting from a state of marked inebriation or the taking of narcotics,
Direct or indirect damage of any kind whatsoever that may affect objects or material deposited by the Customer or by Recipient during the events covered by the contract,
Direct or indirect damage of any kind whatsoever that the Customer or the Recipients may cause to one or several service providers or their agents under the terms of the contract,
Degradation caused by the Customer or Recipient to any material, equipment and/or premises of one or several service providers under the terms of the contract.