CONDITIONS FOR PURCHASE/RESALE OF THE SERVICES OFFERED BY AÉROPORTS DE LA CÔTE D AZUR BY PROFESSIONAL ENTITIES
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- Ethelbert Hall
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1 CONDITIONS FOR PURCHASE/RESALE OF THE SERVICES OFFERED BY AÉROPORTS DE LA CÔTE D AZUR BY PROFESSIONAL ENTITIES Click and Park Service Booking of airport parking spaces: 1. [PROFESSIONAL ENTITIES] PURCHASE/RESALE OF CLICK&PARK BOOKING SERVICE TO THIRD PARTIES Service providing access to airport VIP lounges: 2. [PROFESSIONAL ENTITIES] PURCHASE/RESALE OF ACCESS PASSES FOR NICE CÔTE D AZUR AIRPORT VIP LOUNGES TO THIRD PARTIES Service providing access to the airport Nice Access priority lane: 3. [PROFESSIONAL ENTITIES] PURCHASE/RESALE OF NICE ACCESS PRIORITY LANE SERVICE TO THIRD PARTIES Service providing access to the airport VIP welcome service: 4. [PROFESSIONAL ENTITIES] PURCHASE/RESALE OF VIP WELCOME SERVICE TO THIRD PARTIES 1
2 [PROFESSIONAL ENTITIES] CONDITIONS FOR PURCHASE/RESALE OF CLICK&PARK PARKING SPACES BY PROFESSIONAL ENTITIES TO THEIR CUSTOMERS This document defines the terms and conditions for purchase/resale by Professional Entities to their customers (as defined below), of the Click&Park booking service offered at Nice Côte d Azur Airport (hereafter the Airport ), by: AEROPORTS DE LA COTE D AZUR, limited liability company governed by an executive board and a supervisory board with share capital of 148,000, headquartered at Aéroport Nice Côte d'azur, rue Costes et Bellonte BP NICE Cedex 3, registered on the Nice Trade and Companies Register under the number , managing company of Nice Côte d'azur Airport and Cannes- Mandelieu Airport, by interministerial order dated 24 January 1956 as amended, VAT number: FR Subscription to this service implies acceptance of these conditions by Professional Entities. Article 1 Relations and responsibilities between Aéroports de la Côte d Azur, Professional Entities and End Users. Hereafter, the term Professional Entity is understood as anyone exercising a travel agency or air travel business, or any other service delivery business duly established in accordance with current regulations, and making professional bookings of the Service on its own behalf in order to make it available to its own customers (resale of access passes). Hereafter, the term Users is understood as any adult individuals or legal entities, who are customers of Professional Entities benefiting from the Service by means of an access pass purchased by the Professional Entity. It is understood that these conditions constitute a service contract concluded between the Professional Entity and Aéroports de la Côte d Azur only. It is nevertheless understood that Aéroports de la Côte d Azur does not conclude any contract with the User and remains a third party to the contract concluded between the Professional Entity and the User benefiting from the Service. Hence: - Aéroports de la Côte d Azur is only liable for the performance of the Service with regards to the Professional Entity and not the User, - The Professional Entity remains fully liable with regards to its User customers, for the performance of the service and all obligations imposed by the Consumer Code concerning consumer information and the formation of contracts, 2
3 - In this respect it undertakes to inform its User customers of all pre-contractual information related to the Service, including: o these conditions, o the Airport car park regulations, o all details and illustrations of the Service available on the Airport website. - The Professional Entity guarantees Aéroports de la Côte d Azur against any claims by Users which could be a result of poor performance of the Service or lack of pre-contractual information. The Professional Entity recognises that it acts independently on its own behalf. The Parties agree that these conditions shall not in any way be deemed to create any subsidiary or joint venture or any relationship of subordination or representation, mandate, agency, franchise or other similar relationship between the Parties. Article 2 Description of the service The Click&Park booking service corresponds to the booking of a parking space via the Airport website ( the Website ) for a specific person, on a specific date and a specified duration. This offer is based on a limited number of parking spaces offered to Professional Entities for Users within the limit of available spaces ( the Service ). Only Professional Entities who have previously reserved spaces on the Website are entitled to provide this Service to their User customers. Article 3 Conditions for reserving a parking service Any Professional Entity may subscribe to this Service. The Service is only sold online and is accessible to Professional Entities who have created a personal account and have an address. The Professional Entity undertakes to complete, on behalf of its customer, the End User of the Service, all mandatory fields of the subscription form available on the Website Aéroports de la Côte d Azur reserves the right to reject subscriptions to the Service in the event of incorrect or incomplete information (prior validation of professional accounts). The Professional Entity may only submit orders for individuals who are at least 18 years of age or for legal entities. 3
4 This Service grants access to a pre-paid parking space for a vehicle for a specified period of time. The booking period must be respected. Only light vehicles of a maximum height which comply with the limits specified in the table below may park in these spaces: Car park Maximum height P2 1.85m P4 2.20m P5 2.10m P6 2.30m P7 2.10m P9 2.20m G1 1.76m G2 2.10m Details and illustrations of the Service (car park maps, access roads, etc.) are available for Users on the Website. The Click&Park service offers the possibility to reserve a space with a limited parking time of up to 40 days maximum in accordance with Airport Car Park Regulations. It is strictly forbidden to combine two consecutive bookings. ACA reserves the right to temporarily limit the number of available spaces for purchase by Professional Entities in order to deal with any inherent operation constraints in the management of Airport Car Parks. Article 4 Conditions of use Once the account has been created and payment has been taken, the Professional Entity receives a confirmation to their address with a summary of their order and a car park access code. The Professional Entity undertakes to provide the access pass to the User. In order to open the car park barrier, the User is required to enter (digicode) or present (2D code) the access code at the initial entry terminals. Access to the car park will not be authorised prior to the booking start date registered at the time of order. To exit the car park, the ticket given upon entry must be inserted, and if necessary, an extra fee for exceeding the reserved parking time. Note: it is important to allow sufficient time between the arrival time of the flight and the time of exit from the car park. Aéroports de la Côte d Azur cannot be held liable for any time excess linked to events unrelated to the service. Article 5 Specific obligations of Users Car Park Regulations All Users of the Service and therefore of the Airport car parks are subject to the Airport Car Park Regulations. 4
5 In this respect, each User must adhere to the rules of the highway code both outside and inside the car park. The car park regulations are available on the website and can be found by clicking here. Fines will be issued if these rules are not adhered to (parking over 2 spaces, inconvenient location, etc.). Article 6 Features of the access code The access code issued to the Professional Entity, who provides it to the User, is strictly confidential and personal and it is the responsibility of the User to keep the code until it is used to enter the car park. Aéroports de la Côte d Azur takes no responsibility in the event of use by a third party or fraudulent use. Article 7 Price conditions 7.1. Price and payment for the Service The Service is payable at the time of order: - by VISA or MASTERCARD bank card, or - by Paypal, or - by American Express card, or - by direct debit The amount charged corresponds to the duration of parking in the car park concerned at the existing rate including VAT (in euros) at the time of order, as described and outlined on the booking page. In the event of exceeding the reserved parking time, the additional amounts described below are applicable within the first hour of time exceeded: - 15/day additional fee for car park P /day additional fee for car parks P2 and P5 only in the areas reserved for Airport Premier Club members - 25/day additional fee for car parks P2, P4, P5 and P6-35/day additional fee for car parks G1 and G2 The Professional Entity undertakes to inform the User that they can pay these amounts directly with a bank card at the automatic pay terminals or at the exit terminals, or at the manual pay terminal for payments in cash or by cheque. All rates applicable to the services concerned are freely available on the Website Sale of Service by the Professional Entity The Professional Entities undertake to sell the Click&Park booking service to their customers at the same public rate as indicated on the price list available on the Website As a result of the volume of business brought to ACA, Professional Entities will benefit in return from a commission of 10% calculated monthly based on the public parking rate, according to the following terms: 5
6 Repayment terms: (a) For Professional Entities opting for a monthly payment by direct debit at the end of the month, the commission will be deducted from the total amount owed by the Professional Entity to ACA. (b) For Professional Entities opting for payment by bank card at the time of order, the commission calculated on the total amount due will be deducted from the payment of the order. In the event the booking is cancelled by the End User or the Professional Entity, no commission can be granted to the Professional Entity. Article 8 Modification Cancellation 8.1. Modification The Professional Entity may modify a booking by logging into the Customer Area of the Website on the My Account tab. This is the only possible form of modification. Bookings cannot be modified in the Customer Relations Area. Modifications can be made to a booking up to 5 minutes prior to the time of entry to the car park. Once the vehicle is parked, no modifications can be made. In all cases, modifications are subject to the availability of parking spaces. If the booking, after having been modified, is of a lesser amount than the initial booking, the difference will not be refunded. If the booking, after having been modified, is of a higher amount than the initial booking, the Professional Entity must pay for the excess. A booking can only be modified once Cancellation Any order placed on the Website may be cancelled free of charge by the Professional Entity up to 24 hours prior to the User s intended date and time of parking. In the event of cancellation: - Professional Entities will be refunded in the form of credit issued by ACA on the next invoice for Professional Entities who have opted for payment by direct debit, at the end of the month. - For Professional Entities who have opted for payment at the time of order by bank card or Paypal, the refund will be credited directly to the bank card or Paypal account Right of withdrawal 6
7 Professional Entities do not have any legal rights of withdrawal in accordance with the provisions of the Consumer Code. The Professional Entity undertakes, however, to sell the Service to its customers in strict compliance with the provisions of said code. Article 9 Legal guarantees commercial Subscription to the Service does not provide any entitlement to legal or commercial guarantees. Article 10 Liability Insurance The Professional Entity remains fully liable with regards to ACA for the use of the Service by its User customers. In accordance with Article 1, the Professional Entity undertakes to ensure that the User adheres to the conditions described in the Car Park Regulations and these conditions. Aéroports de la Côte d Azur is liable for the proper performance of its obligations herein to the extent that the non-performance or poor performance of the contract is attributable to the User or any other third party to the contract, or to the Professional Entity or to a case of force majeure. Aéroports de la Côte d Azur cannot be held liable for failure to carry out an order due to the unavailability of the Website, loss of user identification, disturbance or problems related to means of communication, or any case of force majeure. Aéroports de la Côte d Azur shall not be held liable under any circumstances for any damage or harm of any kind, and particularly non-material damage whether consequential or not, such as but not limited to, damage to reputation, loss of opportunities, earnings, revenue, turnover, data, customers or orders. The Professional Entity and/or User will accept any damage they may incur or cause during their online booking for parking and/or as a consequence of failing to adhere to these conditions and Car Park Regulations. Neither the Professional Entity, nor the User may make any claims against Aéroports de la Côte d Azur and its insurers in the event of third party use or fraudulent use of their access code. In accordance with the above, the Professional Entity will carry out their own means to cover the aforementioned risks, with a reputably solvent Insurance Company, and waives any claims against Aéroports de la Côte d Azur, its agents and Insurers, the State and its agents, for any damage and/or claims registered to this effect. It must be able to provide Aéroports de la Côte d Azur, in the event of a claim assuming its responsibility herein, with a current insurance certificate in accordance with these provisions, accompanied by a waiver of the claim by the Insurers against Aéroports de la Côte d Azur, its agents and its insurers, the State and its agents. 7
8 Article 11 Intellectual property, authors rights and copyright: By granting access to the Website Aéroports de la Côte d'azur only grants the Professional Entity the right to private non-collective and non-exclusive use of the site content. All reproduction rights are reserved, including downloadable documents and iconographic and photographic representations. Any networking, redistribution or reproduction, either partial or complete, in any format whatsoever, even partially on any electronic medium, is strictly forbidden without the express permission of Aéroports de la Côte d'azur. The reproduction of text on this site is authorised on paper only and is subject to the fulfilment of the following four cumulative conditions: - Free distribution: the document may only be used for information purposes and not for profit, - Respect of the integrity of the documents reproduced: no modifications or alterations of any kind, - Clear and legible source citation as follows: " Source : ce document provient du Site internet de l'aéroport Nice Côte d'azur* - Droits de reproduction et de diffusion réservés ["Source: this document is from the Aéroport Nice Côte d'azur website* - Reproduction and distribution rights reserved"], - Use in accordance with current legislation, particularly the recommendations of the CNIL (French National Commission on Informatics and Liberty instituted by Law No of 6 January 1978). Aéroports de la Côte d Azur reserves the right to withdraw this authorisation at any time. For all other uses, please contact us. The reproduction and/or representation and/or distribution of the Website either partial or complete, by any means and in any format whatsoever, of one or more of its components (including the trademarks CLICK&PARK Aéroports de la Côte d Azur and/or its logo, Aéroport Nice Côte d Azur and/or its logo and nice.aeroport.fr (individually or in association)), is forbidden without prior express written permission of Aéroports de la Côte d Azur. Failure to respect the above requirements will constitute counterfeiting and could result in the perpetrator being held criminally and/or civilly liable, as Aéroports de la Côte d'azur reserves the right to initiate any legal proceedings against the perpetrator concerned. No hypertext links to the Website may be implemented without prior express written permission of Aéroports de la Côte d Azur. 8
9 Article 12 Data protection personal data AÉROPORTS DE LA COTE D AZUR undertakes to adhere to current laws and regulations relating to the protection of personal data. The Professional Entity undertakes in particular to obtain permission systematically from Users prior to the transmission of their personal data to AEROPORTS DE LA COTE D AZUR. AEROPORTS DE LA COTE D AZUR undertakes to retain the personal data of Users provided by Professional Entities via the Website in a secure manner and undertakes not to disclose any personal data relating to the User to third parties without the individual s permission. In accordance with the provisions of Law No of 6 January 1978 as amended, on computing, files and data protection, the User has the right to access and rectify any personal information collected by Aéroport de la Côte d Azur upon registration to the Service. This right may be exercised by contacting Aéroports de la Côte d Azur at the address indicated in the following article. Article 13 Information, claims and disputes Information All requests for information, clarification and possible claims from Users must be sent to the following address: Aéroports de la Côte d Azur Espace Relation Clients Rue Costes et Bellonte BP NICE Cedex 3. Users can also contact Aéroports de la Côte d Azur by telephone or , via the Contact Us section of the website Governing law Language These Conditions of Sale are subject to French law. Only the French version of these conditions shall prevail between the Parties Mediation Litigation In the event of dispute, Aéroports de la Côte d Azur and the Professional Entity undertake to do their best to reach an amicable settlement. In the absence of an amicable settlement, any dispute arising in relation to the interpretation or performance of these conditions will be subject to the courts of the Alpes-Maritimes department. 9
10 [PROFESSIONAL ENTITIES] CONDITIONS FOR PURCHASE/RESALE OF ACCESS PASSES FOR NICE CÔTE D AZUR AIRPORT VIP LOUNGES BY PROFESSIONAL ENTITIES TO THEIR CUSTOMERS This document defines the conditions for purchase/resale by Professional Entities to their customers (as defined below), of rights allowing access to VIP lounges (hereafter the Service ) at Nice Côte d Azur Airport (hereafter the Airport ), as offered on the Internet services portal (hereafter the Website ) by: AEROPORTS DE LA COTE D AZUR, limited liability company governed by an executive board and a supervisory board with share capital of 148,000, headquartered at Aéroport Nice Côte d'azur, rue Costes et Bellonte BP NICE Cedex 3, registered on the Nice Trade and Companies Register under the number , managing company of Nice Côte d'azur Airport and Cannes- Mandelieu Airport, by interministerial order dated 24 January 1956 as amended, VAT number: FR Use of this Service and access to the VIP lounges resulting therefrom, implies acceptance of these conditions by the Professional Entities. These provisions shall prevail over all other documents. The fact that Aéroports de la Côte d Azur does not avail itself, at any given time, to any of these conditions and/or an infringement by the User of any of the obligations described in these conditions, may not be interpreted as a waiver by Aéroports de la Côte d Azur to avail itself to said conditions at a later date. Article 1 Relations and responsibilities between Aéroports de la Côte d Azur, Professional Entities and End Users. Hereafter, the term Professional Entity is understood as anyone exercising a travel agency or air travel business, or any other service delivery business duly established in accordance with current regulations, and making professional bookings of the Service on its own behalf in order to make it available to its own customers (resale of access passes). Hereafter, the term Users is understood as any adult individuals or legal entities, who are customers of Professional Entities benefiting from the Service by means of an access pass purchased by the Professional Entity. It is understood that these conditions constitute a service contract concluded between the Professional Entity and Aéroports de la Côte d Azur only. 10
11 It is nevertheless understood that Aéroports de la Côte d Azur does not conclude any contract with the User and remains a third party to the contract concluded between the Professional Entity and the User benefiting from the Service. Hence: - Aéroports de la Côte d Azur is only liable for the performance of the Service with regards to the Professional Entity and not the User, - The Professional Entity remains fully liable with regards to its User customers, for the performance of the service and all obligations imposed by the Consumer Code concerning consumer information and the formation of contracts, - In this respect it undertakes to inform its User customers of all pre-contractual information related to the Service, including: o these conditions, in addition to the conditions of use of the VIP lounges, o all details and illustrations of the Service available on the Airport website. - The Professional Entity guarantees Aéroports de la Côte d Azur against any claims by Users which could be a result of poor performance of the Service or lack of pre-contractual information. The Professional Entity recognises that it acts independently on its own behalf. The Parties agree that these conditions shall not in any way be deemed to create any subsidiary or joint venture or any relationship of subordination or representation, mandate, agency, franchise or other similar relationship between the Parties. Article 2 Description and use of the Service: The Service enables Professional Entities to purchase, via the Website, one or more access passes/rights to the VIP lounges within the departure lounges of the Airport terminals, for the purpose of reselling them to their User customers as part of their professional business. The description and conditions of use of the VIP lounges (hereafter VIP lounge(s) ) are described in Article 2 of these conditions Conditions of access to the Service The Service may be subscribed by Professional Entities for the purpose of making it available to the following Users : - Any individual aged 18 or over, or, - Legal entities (for use by their personnel/designated representatives) The Service is sold on the Website and is therefore accessible to Professional Entities with an internet connection, according to the availability of the Website. 11
12 Use of the Website is governed by the conditions of use of the Website as published online. Use of the Service by Professional Entities is subject to the condition that they have created a personal account on the Website beforehand and have therefore provided a valid address Registration of data and purchase of access passes The Professional Entity must complete all mandatory fields on the Service subscription form in order to purchase VIP lounge access passes. Aéroports de la Côte d Azur reserves the right to reject or cancel any transactions in the event of incorrect or incomplete information. The Professional Entity may purchase access passes for a day of their choice, including same-day passes. The purchase of access passes may be limited by Aéroports de la Côte d Azur to a maximum number per transaction and per day, as defined on the online subscription form available to Users Use of access passes/rights - Receipt and presentation of access passes/rights Once online payment has been taken, the Professional Entity receives a confirmation of purchase to their address. This confirmation contains an access code (which may be in the form of a multidimensional QR barcode or another form) which enables entry to the VIP lounge. The Professional Entity undertakes to: - send this confirmation to the User, and - inform the User of the obligation to print the confirmation and present the code at the VIP lounge reception, in order to gain access. Failure to do so may result in refused entry. Depending on the availability of the option on the Website, the Professional Entity may also choose to receive the access code on a mobile device, via MMS or any other mobile application. It also undertakes to provide this to Users to enable them to present the code at the VIP lounge reception, using their own mobile device, to gain access. Professional Entities are reminded that the access code provided by Aéroports de la Côte d Azur in the purchase confirmation is strictly confidential and personal. 12
13 They must inform Users to keep the access pass until the intended day of use to gain access to the VIP lounge. Aéroports de la Côte d Azur takes no responsibility in the event of loss and/or fraudulent use or use by a third party. This also applies to loyalty cards (including the Airport Premier card). - Validity of access passes/rights The purchase of a VIP lounge access pass grants Users the right to access a single VIP lounge of their choice, subject to the availability of the chosen Lounge. The access pass enables Users to use the VIP lounge on the day chosen, without any time restrictions (whilst respecting the opening and closing times). An access pass (attached to an access code or a loyalty card) may only be used once: the User who has entered the first VIP lounge cannot leave and subsequently re-enter the lounge or another lounge, unless a new access pass has been purchased. An access pass is only valid for the day chosen by the User. The Professional Entity hereby accepts that: - The offer, which is accessible via the Service, is based on a limited number of spaces in the VIP lounges and it is therefore offered to Users within the limit of available spaces, at the time of order, - Depending on their flight destination, the User may only have access to certain VIP lounges within the corresponding departure lounges. In all cases, the User must undertake to verify the availability of the VIP lounge they wish to use, depending on their intended travel plans, - They must take all necessary measures to go through airside security checks in good time, and if necessary, any police or custom checks they must go through before entering the VIP lounge. The Professional Entity undertakes to inform the User of this necessity prior to the sale of the VIP lounge access pass. 13
14 Article 3 Description and use of the VIP lounges 3.1. Description The Service grants the User access to the VIP lounges, located in the Airport departure lounges. Within the VIP lounges, Aéroports de la Côte d Azur provides Users with an extensive range of services, including welcome services, information and catering services. These VIP lounges have limited capacity and access is subject to availability (see 2.2 below). Information relating to the number, location and availability (timetables and open and close dates) of the VIP lounges and the description of the services available in each, are outlined on the dedicated page of the Airport Website, and are accessible prior to any transaction. The Professional Entity undertakes to provide this information to the User as part of the pre-contractual information it must provide General use The Professional Entity undertakes to inform the User of the following. Aéroports de la Côte d Azur reserves the right to refuse Users entry to the VIP lounge, or request them to leave the Lounge if: - The User is unable to present a valid access pass, - The User, despite being in possession of an access pass for the VIP lounge: - is in an obvious state of inebriation - and/or poses a threat to public order, or is liable to disrupt the comfort and tranquillity of other Users within the VIP lounge. Aéroports de la Côte d Azur may also refuse entry to any holder of an access pass, in accordance with airport security regulations and particularly if the maximum capacity of the VIP lounge has been reached at the time the holder presents their access pass at the VIP lounge entrance. Aéroports de la Côte d Azur will do its best to ensure Users have access to the VIP lounges, however, Aéroports de la Côte d Azur cannot guarantee the availability of seating in advance. During their time in the VIP lounge and the use of the services provided, Users will carry out their own means to connect their devices to an electrical or computer network available within the VIP lounge and will assume full responsibility for their devices. Users undertake to adhere to any other applicable regulations inside the VIP lounge, particularly those relating to security, hygiene and safety. 14
15 Article 4 Payment procedures and price conditions: 4.1. Conditions of payment The Service is payable by the Professional Entity at the time of order, by the following means of payment: - Carte bleue bank card, VISA or MASTERCARD, or - Paypal, or - direct debit at the end of the month Regarding non-deduction payment procedures: The payment is made on a secure web page. The total amount paid corresponds to the purchase of one or more VIP lounge access passes (within the limit of the number authorised per day and per transaction), at the existing rate at the time of purchase. The total price of purchases is debited once the transaction has been completed and it provides an invoice which can be viewed and printed. If the means of payment is not valid, the bank transaction will be refused and the sale will not be completed. It will therefore be cancelled automatically. The rates are available on the Website The rates are valid regardless of the time of entry to the VIP lounge and the duration of using the Service. Aéroports de la Côte d Azur reserves the right to modify the rates of the Service at any time without prior warning, providing that the applicable rates are those in effect at the time of transaction Specific conditions regarding Sale of the Service by the Professional Entity The Professional Entities undertake to offer the Service to their customers at the same public rate as indicated on the price list available on the Website As a result of the volume of business brought to ACA, Professional Entities will benefit in return from a commission of 10% calculated on the basis of the public VIP lounge rate: (a) For Professional Entities opting for a monthly payment by direct debit at the end of the month, the 10% commission will be deducted from the total amount owed by the Professional Entity to ACA. (b) For Professional Entities opting for payment by bank card at the time of order, the 10% commission calculated on the total amount due will be deducted from the payment of the order. 15
16 In the event the booking is cancelled by the End User or the Professional Entity, no commission can be granted to the Professional Entity. Article 5 Modification Cancellation Withdrawal 5.1. Modification No modifications may be made to the order once it has been paid Cancellation No orders may be cancelled once they have been paid Right of withdrawal Professional Entities do not have any legal rights of withdrawal in accordance with the provisions of the Consumer Code. The Professional Entity undertakes, however, to sell the Service to its customers in strict compliance with the provisions of said code. Article 6 Liability Insurance The Professional Entity remains fully liable with regards to ACA for the use of the Service by its User customers. In accordance with Article 1, the Professional Entity undertakes to ensure that the User adheres to the conditions described on the Website and in these conditions. Aéroports de la Côte d Azur is liable for the proper performance of its obligations herein to the extent that the non-performance or poor performance of the contract is attributable to the User or any other third party to the contract, or to the Professional Entity or to a case of force majeure. Aéroports de la Côte d Azur cannot be held liable for failure to carry out an order due to the unavailability of the Website, loss of user identification, disturbance or problems related to means of communication, or any case of force majeure. Aéroports de la Côte d Azur shall not be held liable under any circumstances for any damage or harm of any kind, and particularly non-material damage whether consequential or not, such as but not limited to, damage to reputation, loss of opportunities, earnings, revenue, turnover, data, customers or orders. The Professional Entity and/or User will accept any damage they may incur or cause during their online booking for parking and/or as a consequence of failing to adhere to these conditions and Car Park Regulations. Neither the Professional Entity, nor the User may make any claims against Aéroports de la Côte d Azur and its insurers in the event of third party use or fraudulent use of their access code. 16
17 In accordance with the above, the Professional Entity will carry out their own means to cover the aforementioned risks, with a reputably solvent Insurance Company and waives any claims against Aéroports de la Côte d Azur, its agents and Insurers, the State and its agents, for any damage and/or claims registered to this effect. It must be able to provide Aéroports de la Côte d Azur, in the event of a claim assuming its responsibility herein, with a current insurance certificate in accordance with these provisions, accompanied by a waiver of the claim by the Insurers against Aéroports de la Côte d Azur, its agents and its insurers, the State and its agents. Article 7 Intellectual property rights By granting access to the Website ( Aéroports de la Côte d Azur only grants the Professional Entity the right to private non-collective and non-exclusive use of the site content. All reproduction rights are reserved, including downloadable documents and iconographic and photographic representations. Any networking, redistribution or reproduction, either partial or complete, in any format whatsoever, even partially on any electronic medium, is strictly forbidden without the express permission of Aéroports de la Côte d'azur. The reproduction of text on this site is authorised on paper only and is subject to the fulfilment of the following four conditions: Free distribution: the document may only be used for information purposes and not for profit, Respect of the integrity of the documents reproduced: no modifications or alterations of any kind, Clear and legible source citation as follows: «Source : ce document provient du Site internet de l Aéroport Nice Côte d Azur* - Droit de reproduction et de diffusion réservés» ["Source: this document is from the Aéroport Nice Côte d'azur website* - Reproduction and distribution rights reserved"], Use in accordance with current legislation and particularly the recommendations of the CNIL (French National Commission on Informatics and Liberty instituted by Law No of 6 January 1978). Aéroports de la Côte d Azur reserves the right to withdraw this authorisation at any time. For all other uses, please contact us. The reproduction and/or representation and/or distribution of the Website nice.aeroport.fr either partial or complete, by any means and in any format whatsoever, of one or more of its components (including the trademarks Aéroport Nice Côte d Azur and/or its logo and 17
18 nice.aeroport.fr (individually or in association), is forbidden without prior express written permission of Aéroports de la Côte d Azur. Failure to respect the above requirements will constitute counterfeiting and could result in the perpetrator being held criminally and/or civilly liable, as Aéroports de la Côte d'azur reserves the right to initiate any legal proceedings against the perpetrator concerned. No hypertext links to may be implemented without prior express written permission of Aéroports de la Côte d Azur. Aéroports de la Côte d'azur, nice.aeroport.fr and Aéroport Nice Côte d Azur are registered trademarks. Article 8 Data Protection personal data canvassing AÉROPORTS DE LA COTE D AZUR undertakes to adhere to current laws and regulations relating to the protection of personal data. The Professional Entity undertakes in particular, to obtain permission systematically from Users prior to the transmission of their personal data to AEROPORTS DE LA COTE D AZUR. AEROPORTS DE LA COTE D AZUR undertakes to retain the personal data of Users provided by Professional Entities via the Website in a secure manner and undertakes not to disclose any personal data relating to the User to third parties without the individual s permission. In accordance with the provisions of Law No of 6 January 1978 as amended, on computing, files and data protection, the User has the right to access and rectify any personal information collected by Aéroport de la Côte d Azur upon registration to the Service. This right may be exercised by contacting Aéroports de la Côte d Azur at the address indicated in the following article. Article 9 Information, claims and disputes 9.1. Information All requests for information, clarification and possible claims must be sent to the following address: Aéroports de la Côte d Azur Espace Relation Clients Rue Costes et Bellonte BP NICE Cedex 3. Users can also contact Aéroports de la Côte d Azur by telephone or , via the Contact Us section of the website. 18
19 9.2. Governing law Language These Conditions of Sale are subject to French law. Only the French version of these conditions shall prevail between the Parties Mediation Litigation In the event of dispute, Aéroports de la Côte d Azur and the Professional Entity undertake to do their best to reach an amicable settlement, if necessary by undertaking a conventional mediation process or any other alternative process for the settlement of disputes. In the absence of an amicable settlement, any dispute arising in relation to the interpretation or performance of these conditions will be subject to the competent courts of Nice. 19
20 [PROFESSIONAL ENTITIES] CONDITIONS FOR PURCHASE/RESALE OF NICE ACCESS PRIORITY LANE SERVICE BY PROFESSIONAL ENTITIES TO THEIR CUSTOMERS This document defines the conditions for purchase/resale by Professional Entities to their customers (as defined below), of the Nice Access Service (defined in Article 1) offered at Nice Côte d Azur Airport (hereafter the Airport ), by: AEROPORTS DE LA COTE D AZUR, limited liability company governed by an executive board and a supervisory board with share capital of 148,000, headquartered at Aéroport Nice Côte d'azur, rue Costes et Bellonte BP NICE Cedex 3, registered on the Nice Trade and Companies Register under the number , managing company of Nice Côte d'azur Airport and Cannes- Mandelieu Airport, by interministerial order dated 24 January 1956 as amended, VAT number: FR By subscribing to this Service, the Professional Entity hereby accepts these conditions. These conditions shall prevail over all other conditions for the sale of the same Service. Article 1 Relations and responsibilities between Aéroports de la Côte d Azur, Professional Entities and End Users. Hereafter, the term Professional Entity is understood as anyone exercising a travel agency or air travel business, or any other service delivery business duly established in accordance with current regulations, and making professional bookings of the Service on its own behalf in order to make it available to its own customers (resale of access passes). Hereafter, the term Users is understood as any adult individuals or legal entities, who are customers of Professional Entities benefiting from the Service by means of an access pass purchased by the Professional Entity. It is understood that these conditions constitute a service contract concluded between the Professional Entity and Aéroports de la Côte d Azur only. It is nevertheless understood that Aéroports de la Côte d Azur does not conclude any contract with the User and remains a third party to the contract concluded between the Professional Entity and the User benefiting from the Service. Hence: - Aéroports de la Côte d Azur is only liable for the performance of the Service with regards to the Professional Entity and not the User, 20
21 - The Professional Entity remains fully liable with regards to its User customers, for the performance of the service and all obligations imposed by the Consumer Code concerning consumer information and the formation of contracts, - In this respect it undertakes to inform its User customers of all pre-contractual information related to the Service, including: o these conditions, in addition to the conditions of use of the VIP lounges, o all details and illustrations of the Service available on the Airport website. - The Professional Entity guarantees Aéroports de la Côte d Azur against any claims by Users which could be a result of poor performance of the Service or lack of pre-contractual information. The Professional Entity recognises that it acts independently on its own behalf. The Parties agree that these conditions shall not in any way be deemed to create any subsidiary or joint venture or any relationship of subordination or representation, mandate, agency, franchise or other similar relationship between the Parties. Article 2 Description of the Service The Nice Access service (hereafter the Service ), is a service that can be reserved online on the Airport website ( the Website ), which allows access to a special priority lane for a specific date chosen at the time of purchase, providing access to security checks in the Airport terminals. This Service is subscribed by Professional Entities for the purpose of reselling it to their User customers as part of their professional business. The Professional Entity undertakes to inform the User that the priority lane does not under any circumstances allow the User to substitute security checks. Article 3 Booking conditions The Service may be subscribed by the Professional Entity for the needs of the following Users : - Any individual aged 18 or over, or, - Legal entities (for use by their personnel/designated representatives) The Professional Entity must also complete the mandatory fields on the subscription form available on the Website. Aéroports de la Côte d Azur reserves the right to reject subscriptions to the Service in the event of incorrect or incomplete information. Details and illustrations of the Service (access map, simplified terms of use) are available for Professional Entities on the Website. The Professional Entity undertakes to inform Users of this information as part of the pre-contractual information it must provide. The availability of the Service (access via Terminal 1 or 2) may vary depending on the operating constraints of the terminals (including capacity constraints in security screening areas). 21
22 Article 4 Conditions of use Access pass The Service is only sold online (except for access passes issued directly by certain authorised airlines to their customers 1 ) and is accessible to Professional Entities who have created a personal account and have an address. Once the account has been created and payment has been taken, the Professional Entity receives a confirmation or an MMS (depending on option selected at the time of booking) to their address with a summary of their order and an access pass for the Service. This access pass is presented in the form of: - an electronic document containing a 2D code, which the Professional Entity undertakes to print in order to use it, or (depending on the chosen format), - a 2D code sent by MMS to a mobile phone number (the Professional Entity recognises that it must therefore have a valid telephone number, the equipment and telephone subscription necessary to receive and present the 2D code at the entry terminals on the intended day of use). The Professional Entity undertakes to provide the access pass to the User to enable them to use the priority lane. The Professional Entity accepts and must inform Users that the access pass: - Is unique and may only be used once (the code immediately becomes inactive after the first use), - It grants access to the Service during a time slot (date/time) available at the time of order, chosen and validated online by the Professional Entity (nevertheless it remains usable between 1 hour prior to the chosen time slot and 6 hours after the chosen time slot). - Access to the special priority lane is granted by presenting the access pass at the entry terminals, located at the priority lane entrance (the 2D code must be presented on a printed page or on the screen of a mobile phone/tablet device to be shown at the terminal unit). - The Access Pass issued to the User is strictly confidential and personal and it is the responsibility of the User to keep the pass until it is used at the entrance of the priority lane Service. 1 Airlines wishing to offer this Service to their passengers at Nice Airport have a specific contract adapted to their professional business. For further information and to subscribe to the contract, airline companies are requested to contact the Airport Operations Department directly. 22
23 The Professional Entity recognises that: - Aéroports de la Côte d Azur takes no responsibility for misuse of the access pass in accordance with these conditions, in the event of third party use or fraudulent use. - Aéroports de la Côte d Azur reserves the right to cancel the access pass if it appears that fraudulent use is suspected. Note: the Professional Entity undertakes to inform the User customer of the importance of allowing sufficient time between going through security checks and the flight departure time. Aéroports de la Côte d Azur cannot be held liable for any time excess linked to events unrelated to the service. Article 5 Specific obligations of Users Security/police regulations The Professional Entity undertakes to inform the User of the following specific obligations: - Any User of the Service is subject to the current prefectorial policing order at the Airport. In accordance with applicable laws, this defines conditions for the movement of Airport Users in public areas and departure lounges (including compulsory security checks). - Therefore, each User must adhere to these regulations and to undertake all necessary security checks to be granted access to the departure lounges, failing which they will be subject to administrative fines or legal proceedings. Article 6 Price conditions 6.1. Conditions of payment The Service is payable by the Professional Entity at the time of order by: - Carte bleue bank card, VISA or MASTERCARD, or - Paypal, or - Monthly direct debit The rate indicated on the booking platform includes VAT and is shown in euros. It corresponds to the existing rate at the time of order, as described and outlined on the booking page. In all cases, all rates applicable to the Service concerned are freely available on the Website. 23
24 6.2. Specific conditions regarding sale of the Service by the Professional Entity The Professional Entities undertake to offer the Service to their customers at the same public rate as indicated on the price list available on the Website As a result of the volume of business brought to ACA, Professional Entities will benefit in return from a commission of 10% calculated on the basis of the public Nice Access rate: (a) For Professional Entities opting for a monthly payment by direct debit at the end of the month, the 10% commission will be deducted from the total amount owed by the Professional Entity to ACA. (b) For Professional Entities opting for payment by bank card at the time of order, the 10% commission calculated on the total amount due will be deducted from the payment of the order. In the event the booking is cancelled by the End User or the Professional Entity, no commission can be granted to the Professional Entity. Article 7 Modification Cancellation Withdrawal 7.1. Modification No modifications may be made to the order once it has been paid for Cancellation No orders may be cancelled once they have been paid for Right of withdrawal exclusion Professional Entities do not have any legal rights of withdrawal in accordance with the provisions of the Consumer Code. The Professional Entity undertakes, however, to sell the Service to its User customers in strict compliance with the provisions of said code. Article 8 Legal guarantees commercial Subscription to the Service does not provide any entitlement to legal or commercial guarantees. Article 9 Liability Insurance The Professional Entity remains fully liable with regards to ACA for the use of the Service by its User customers. In accordance with Article 1, the Professional Entity undertakes to ensure that the User adheres to the conditions described on the Website and in these conditions. 24
25 Aéroports de la Côte d Azur is liable for the proper performance of its obligations herein to the extent that the non-performance or poor performance of the contract is attributable to the User or any other third party to the contract, or to the Professional Entity or to a case of force majeure. Aéroports de la Côte d Azur cannot be held liable for failure to carry out an order due to the unavailability of the Website, loss of user identification, disturbance or problems related to means of communication, or any case of force majeure. Nevertheless, ACA does not undertake to guarantee any speed or fluidity of access to security checks and/or the priority lanes under any circumstances, particularly at times when large numbers of passengers are present. Aéroports de la Côte d Azur shall not be held liable under any circumstances for any damage or harm of any kind, and particularly non-material damage whether consequential or not, such as but not limited to, damage to reputation, loss of opportunities, earnings, revenue, turnover, data, customers or orders. The Professional Entity and/or User will accept any damage they may incur or cause during their online booking for parking and/or as a consequence of failing to adhere to these conditions and Car Park Regulations. Neither the Professional Entity nor the User may make any claims against Aéroports de la Côte d Azur and its insurers in the event of use by a third party or fraudulent use of their access code. In accordance with the above, the Professional Entity will carry out their own means to cover the aforementioned risks, with a reputably solvent Insurance Company, and waives any claims against Aéroports de la Côte d Azur, its agents and Insurers, the State and its agents, for any damage and/or claims registered to this effect. It must be able to provide Aéroports de la Côte d Azur, in the event of a claim assuming its responsibility herein, with a current insurance certificate in accordance with these provisions, accompanied by a waiver of the claim by the Insurers against Aéroports de la Côte d Azur, its agents and its insurers, the State and its agents. Article 10 Intellectual property, authors rights and copyright: By granting access to the Website, Aéroports de la Côte d'azur only grants the Professional Entity the right to private non-collective and non-exclusive use of the site content. All reproduction rights are reserved, including downloadable documents and iconographic and photographic representations. Any networking, redistribution or reproduction, either partial or complete, in any format whatsoever, even partially on any electronic medium, is strictly forbidden without the express permission of Aéroports de la Côte d'azur. 25
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