Terms & Conditions
1. OVERVIEW
TEMATIS is mandated by the provider to sell over the Internet and
any other support to professionals, leisure, sports, gastronomic,
cultural and other services on behalf of the provider. TEMATIS is
an intermediary between the provider and the client.
The fact for any client to order implies the full agreement and without
any reservation to the present terms and conditions. These terms and
conditions apply to any use of our voucher, whether the beneficiary
is the buyer or not does not have any impact on the terms and conditions.
The buyer commits to inform the beneficiary of the terms and conditions
governing the usage of the voucher.
TEMATIS reserves the right to amend the present terms and conditions
at any time. The applicable terms and conditions are those available
on the website at the moment of purchase.
2. DEFINITIONS
The following terms have to be understood as follows:
| Contract: | The voucher and the terms & conditions |
| TC: | Terms & conditions |
| Client: | The person who buys or books a voucher on TEMATIS website. |
| Beneficiary: | The person who uses the voucher against a service provided by TEMATIS or any of the providers and who executes the experience described on the voucher. The beneficiary can be the client. |
| Experience: | An activity, weekend and/or holiday |
| Service: | Any service organised by TEMATIS including (without limitation), the purchase of the voucher for an activity, and the assistance of TEMATIS in the pre booking of hotel accommodation or any other accommodation. |
| Site: | www.tematis.com and/or www.flyajetfighter.com |
| Provider: | Any person who is not TEMATIS and who can provide the service. |
| Voucher: | A confirmation of the order sent by e-mail or any written support that the client has purchased or booked for an experience. |
| Payment: | The act of payment by the client. Also the fact of debiting a banking card for part or all of the amount. |
3. DESCRIPTION OF PRODUCTS AND IMAGES
The information displayed on the site is given by the provider and is of the sole responsibility of the provider.
4. CONTRACT FORMATION
When first ordering, the client has to create an account via our form under the heading “my account”. The client has to enter his name, surname, e-mail, address and telephone number. The client should also choose a password which should remain strictly confidential and known only to the client, that he has to enter at each order. The client commits to keep the password confidential. Defaulting this, the client will suffer the consequences of the spreading/broadcasting of this information without recourse against TEMATIS.
Consequently, the fact to confirm an order by the “double click” procedure instigated by the law 2004-575 (trust in the digital economy) implies the total agreement and without reserve, to the present terms and conditions.
To order, the client has to:
- Select one or more products
- Indicate the quantities the client wishes to purchase
- Click on the link “add to cart”
- Click on the link “check-out”
This order will be summarised with a listing of all the products
before being able to be purchased. Making sure there is no mistake
in the purchase, or modifying the order if need be, the client will
have to confirm the order again by clicking “confirm order ”.
Then the client will be sent to the secured page of the banking group
Credit Industriel and Commercial and then proceed to payment.
From this moment, the order is validated. The order is confirmed by
e-mail by TEMATIS to the email address communicated by the client.
It is the client responsibility to make sure that the details entered
are correct and allow the reception of a confirmation order. If this
confirmation was not received, it is the client’s responsibility
to contact TEMATIS. As the client can check the conformity of the
information entered by the client when validating the order, he will
support entirely the consequences of the absence of reception of the
order or services.
The contract is formed after payment validation by the bank. TEMATIS
will inform the client of the cancellation of the order as soon as
informed by the banker of the non-validation of the payment.
TEMATIS reserves the right to refuse any order of any client who has
previously experienced a payment incident.
The orders are archived for 10 years and may consulted at any time
under the heading “My account”. The client is informed
that, unless a clear mistake for which he can deliver a proof, the
data kept with TEMATIS has probative force with regards to the orders
taken. Data stored on electronic and or IT support are acceptable
proofs and opposable with the same terms and the same probative force
as any document received and kept in writing.
5. CAPACITY
The client declares that he is financially responsible of the use
of the site in his name and on behalf of anyone else unless demonstrating
a fraudulent use not resulting from any negligence or fault on his
part. The information provided by the client or by the intermediary
of anyone using his personal data will be deemed exact.
6. AVAILABILITY
Activities
All activities are subjected to availability. The client or beneficiary
should not make any arrangement in connection to the activity until
he receives a confirmation of availability from the provider or TEMATIS.
Vouchers are valid for the duration indicated on each product description
from the purchase date and must be executed before expiry date.
Weekends/holidays
All weekends and holidays are subject to availability. The order
becomes effective from the validation of the availability of the service
by TEMATIS. The client or beneficiary should not make any arrangement
in connection to the weekend or holiday until he receives a confirmation
of availability from TEMATIS. When a voucher purchased for an activity
required the booking of an accommodation, TEMATIS accepts to identify
and validate the availability of the accommodation on behalf of the
client before debiting the client for the amount of the activity.
Please note that the accommodation is payable on site to the hotel/provider
upon arrival or departure.
When the experience cannot be done for any reason, an alternative/similar
experience will be substituted and submitted to the client for approval.
Defaulting that, the order will be cancelled without indemnity.
7. RESTRICTIONS
TEMATIS mentions for each activity the conditions and restrictions
of the experience, notably physical and ability conditions that the
client has to comply with. The client acknowledged having understood
these conditions and restrictions.
8. WEATHER
Some experiences are dependent on weather conditions. TEMATIS will
indicate to the client if he needs to contact the provider in order
to confirm the weather conditions and the execution of the experience.
TEMATIS recommends that the client or beneficiary contact the providers
in order to confirm the execution of the experience before the chosen
date. If the activity is cancelled due to bad weather conditions,
the client or beneficiary will be able to reschedule the experience.
The reschedule of the experience is also dependent to weather conditions.
9. Price
Prices indicated are in Euros and including VAT. Price applicable
is the one on the day of the order. TEMATIS reserves the right to
modify the prices at any time without prior communication.
Payments differ according to the product purchased:
- A full payment must be obtained for the purchase of an activity.
- A full payment must be obtained for the purchase/booking of a weekend or holiday. However, TEMATIS will only take payment for the amount corresponding to the activity and the client will pay the amount corresponding to the hotel at the hotel on site.
10. SECURED PAYMENT
Payment is done in Euro by banking card on a secured and encrypted site of the bank and under the responsibility of the bank. TEMATIS has chosen the secured payment system of CREDIT INDUSTRIEL ET COMMERCIAL (CIC), the fourth largest banking group in France, which ensures confidentiality of banking data.
When transacting, the client is automatically connected to the payment server of the banking group CIC. At no time TEMATIS can access the card details. Payment is done and processed directly on the banking site.
11. VALIDITY
Once the order has been debited for the defined amount, TEMATIS will send to the client a final confirmation of the order by e-mail, being the voucher. The client or beneficiary should print and keep this e-mail as the voucher will not be delivered in any other format. Vouchers are valid 6 to 12 months from their purchase date as indicated on the product description, and must be executed before their expiry date mentioned on the e-mail.
TEMATIS will provide the client with the full contact details of the provider after reception of payment of the voucher from the client.
12. OBLIGATIONS OF THE CLIENT OR BENEFICIARY
The client or beneficiary must agree with the provider of an available date to execute the experience. TEMATIS cannot guarantee the execution of the experience at the preferred date of the client.
The provider can ask that the voucher be sent to him by e-mail or any other way to confirm the order. It is the client’s or beneficiary’ responsibility to enquire about any local event that might affect the execution of the service, such as carnivals, bank holidays, etc…. No consequential complaint can be sent to TEMATIS.
13. CANCELLATION BY THE CLIENT
When purchasing, the client has a right to cancel the purchase within 7 working days of the purchase without penalty. The client can be reimbursed if notified by post within this timeframe, mentioning the voucher reference. Reimbursement is done to the person who has purchased the experience. The reimbursement will be credited to the same card that has been debited for the purchased of the experience. If the card has expired, the client will be required to write for a reimbursement, indicating the details of a new card. TEMATIS reserves the right to contact any official department of any government to ensure the absence of fraud.
Any cancellation within 7 working days from the date of purchase will be reimbursed within 30 working days.
However, the right for the client to cancel the purchase within 7 days of the purchase date without penalty does not apply for services of accommodation, catering and leisure that are supplied at a determined date. Consequently, the weekends and holidays proposed by Tematis and any activities bought for a specific date are not subject to cancellation without penalty.
Any cancellation of one or more activities with or without accommodation will be reimbursed to the client after deducting cancellation fees, which are as follows:
- 20 days or more before the agreed date of the experience: 50% of the total price of the service.
- Less then 20 days before the agreed date of the experience: 100% of the total price of the service.
Some activities can have a waiting time in their execution, especially when dependent on weather conditions. Some activities may be cancelled within short delays because of the weather, mechanical problems, illness or any unexpected event from the provider.
If the activity is cancelled, the client or beneficiary will simply reschedule the experience with the provider, also according to the dates of validity of the voucher.
TEMATIS cannot be held responsible for any cost, such as travel or accommodation or any other, direct or indirect, loss of opportunities, expenditures and any other cost the client or beneficiary may incur following the cancellation of the activity.
If the cancellation is due only to the provider’s conditions, the client may exercise a right against the provider without involving the responsibility of TEMATIS.
15. FORCE MAJEURE
The case of force majeure does not permit the execution of the experience at the agreed date. Hence the experience will be rescheduled to a latter date within 3 months. After this date, the contract will be simply cancelled without prejudice and indemnity. Force majeure must be admitted as defined by French jurisprudence.
16. INSURANCE
Some experiences require the signature by the client of a discharge for the execution of some experiences
17. INTELLECTUAL PROPERTY
Tematis « do something different » « faites quelque chose de différent » are registered trademarks. TEMATIS is a company registered in France under the number 489 432 021 in Lille and is domiciled 828 Avenue de la République, 59700 Marcq-en-Baroeul, France.
The elements consisting the offer, notably texts, pictures, images, icons, sounds, database, are the integral and exclusive property of TEMATIS. It is strictly forbidden to reproduce, represent, modify, transmit, publish, adapt on any support, by any mean or to exploit in any way all or part of the elements mentioned at the previous paragraph.
18. PROTECTION OF PERSONAL DATA
Personal data from the client or beneficiary are treated as confidential according to the law of 6 January 1978. The data is necessary to process the order and collected only for this objective. The client has a right to access and amend and oppose any personal information. The client may do so by writing to TEMATIS, 828 Avenue de la République, 59700 Marcq en Baroeul, France.
19. COMPLAINTS
If the client or beneficiary has a complaint to formulate about the
experience, TEMATIS encourages him/her to formulate this complaint
on site so that the provider may have a chance to rectify the experience
if necessary. In any case, the client can formulate his complaints
to TEMATIS by sending a letter to our head office (TEMATIS, 828 Avenue
de la République, 59700 Marcq en Baroeul, France).
20. LAW AND JURISDICTION
Except any imperative and contrary legal mention, any different will
be of the tribunal of the head office. Parties agree to try to find
a solution before any legal action.