General conditions of sale
These general terms and conditions govern the relationship between KomUnity (hereinafter the “Company”) and the customer (hereinafter the “Customer”) as well as the participants in the trip (hereinafter the “Cyclist”) designated by the Customer in the context of the organization of cycling trips and events in France and Europe, supervised or not by guides, which are the subject of these terms and conditions.
The contractual package (hereinafter the “Contract”) consists of these General Terms and Conditions of Sale and the Sales Contract and documents relating to the services referred to in the previous paragraph and which are delivered to the Customer.
Any reservation implies the unreserved acceptance by the Customer and his full and complete acceptance of these general conditions.
DEFINITION
Catalog: refers to the Travel offer developed by KomUnity and available on its Site. The photographs or illustrations provided in the Catalogue are indicative and do not engage KomUnity.
General Terms and Conditions of Sale or CGV: refer to this document.
Special conditions of sale: refer to the specific requirements of the Customer accepted by KomUnity in accordance with article L211-10 of the Tourism Code and/or the specific conditions of certain KomUnity service providers or partners.
Quote: refers to the commercial document naming the Trip booked, the desired options and the applicable price (s).
Personal data: refers to information that makes it possible to identify a natural person directly or indirectly.
Traveller Group or Group: refers to all natural persons registered on the same file and participating in the same Trip. In accordance with articles 1310 and 1313 of the Civil Code, the natural persons making up the Group are united.
Legal information: refers to the legal information relating to KomUnity and available on the Site.
Party or Parties: refers to KomUnity and/or the Customer.
Group manager: refers to the natural person who acts both on his behalf and on behalf of the persons associated with his Booking and making up the Group of Travellers. He signs the Contract in the name and on behalf of all persons in the Group.
Website: refers to the website published by KomUnity and accessible at the URL address https://www.komunity.cc/.
Travel: refers to travel services or tourist packages, as defined by article L211-2 of the Tourism Code, designed and marketed by KomUnity. It can be a Catalogue Trip or a Trip tailor-made for the Customer.
ARTICLE 01: IDENTIFICATION OF THE COMPANY
The company KomUnity is an EURL, whose object is the organization and sale of cycling trips and events, with a capital of 7500€, whose head office is located at 7 route de Mansle 16230 Fontenille. It is registered under the number 931750541 R.C.S. Angoulême and in the Atout France travel agent register under number IM016250002.
It is based on the VAT margin regime according to article no. 297.A of the General Tax Code (CGI) under the intra-community VAT number FR16931750541.
KomUnity's financial guarantee is provided by Accelerant Insurance Europe, represented by Arcus Solutions, and the agency has also taken out professional liability insurance with Hiscox Assurances.
ARTICLE 02: PRE-CONTRACTUAL INFORMATION
In accordance with articles L. 211-8 and R 211-4 of the Tourism Code, KomUnity undertakes to provide the Customer with the pre-contractual information elements mentioned in said articles (hereinafter “Pre-contractual Information”).
Pre-contractual Information is provided exclusively electronically in:
• The Catalogue appearing on the Site;
• The Contract;
• The terms and conditions;
• Special Conditions of Sale.
ARTICLE 03: CHANGES IN PRE-CONTRACTUAL INFORMATION
In accordance with article L211-9 of the Tourism Code, the Parties expressly agree that KomUnity may make changes to the information contained in its Catalogue and its commercial documents.
Changes may relate to the price, the content of transport or stay services, the identity of the air carrier (if applicable), the itineraries offered, the places of accommodation, dates of opening and closing of hotels, etc.
The changes will be communicated to the Customer before the conclusion of the Contract orally and then confirmed in writing.
The Group Manager undertakes to transmit to the Traveller Group all information communicated by KomUnity and especially Pre-contractual Information, which is therefore considered to be given to the entire Group.
ARTICLE 04: OBJECT AND SCOPE OF THE GENERAL CONDITIONS OF SALE
The purchase of KomUnity trips and stays implies the customer's full unreserved acceptance of these general conditions of sale, which are deemed to have been read and accepted after signing the sales contracts.
The purpose of the CGV is to determine the terms and conditions of reservation, payment, cancellation and execution of a Trip with KomUnity, in accordance with the applicable provisions of the Tourism Code.
ARTICLE 05: MATERIAL SCOPE OF APPLICATION OF THE GENERAL CONDITIONS OF SALE
The CGV exclusively govern the sale of Travel and the execution of a Travel service by KomUnity, to the exclusion of all other services.
ARTICLE 06: AVAILABILITY OF THE GENERAL CONDITIONS OF SALE
The CGV are accessible, at any time, by a clickable link from the Site, accessible here: https://www.komunity.cc/cgv
They can be directly consulted by the Customer.
ARTICLE 07: ENFORCEABILITY - ENTRY INTO FORCE OF THE GENERAL CONDITIONS OF SALE
The Terms and Conditions are communicated to the Customer, on a durable medium, in parallel with the sending of the Quotation.
The GCS come into force and apply as soon as the Customer agrees to the Quotation, materialized by a “Voucher for agreement” (for example) and the payment of the deposit provided for in article 14 of the GCS.
ARTICLE 08: CHANGES TO THE GENERAL CONDITIONS OF SALE
KomUnity reserves the right to modify the GTC at any time, in order to comply in particular with any technical, operational, legal or jurisprudential developments.
In the event of modification of the GCS, the applicable GCS are those accepted by the Customer on the day of payment of the agreed deposit.
ARTICLE 09: CONTRACTUAL DOCUMENTS
The obligations of the Parties are agreed upon in the following contractual documents (hereinafter the “Contractual Documents”):
• The Contract integrating the General Terms and Conditions;
• Special Conditions of Sale.
Pre-contractual Information is an integral part of the Contract.
In the event of a contradiction between the GTC and the Special Conditions of Sale, the Special Conditions of Sale should prevail.
On the other hand, in the event of a contradiction between the GTC and the other Contractual Documents, the GTC should prevail.
ARTICLE 10: CHARACTERISTICS OF THE TRIP
In accordance with articles L. 211-8 and R 211-4 of the Tourism Code, KomUnity provides the Customer with the main characteristics of the Trip in the Contractual Documents listed in article 9 of the CGV and especially in the Contract.
Visits, excursions or other services are, where appropriate, described in the Catalogue and in the Contractual Documents.
ARTICLE 11: DURATION OF THE TRIP
The duration of the trip is mentioned in the Contract. Where applicable, it takes into account the time spent transporting the Customer to the place of departure of the Travel Program, in the event that the Customer orders a transport service from KomUnity.
The first and last day may be shortened due to a late arrival or early departure, depending on the schedules communicated by train or airline companies in particular.
Any delayed arrival or early departure will not give rise to any compensation.
ARTICLE 12: ORDER PROCESS
The presentation sheets of trips, platoons and events appearing on the KomUnity site are intended to inform Customers, prior to placing their order, of the content of the services offered relating to the stay, the price and terms of payment, conditions for cancellation and modification of the trip.
KomUnity reserves the right to make changes to the information on the site and in the brochures, in particular concerning the price and content of the stay services in compliance with the conditions defined in this document.
You can register for KomUnity trips and stays via our website www.komunity.cc or by contacting us directly at the email address contact@komunity.cc or by phone at 07.69.14.86.76.
The registration process is as follows:
• You select the tourist product (s) of your choice;
• You fill out the order form, located on the site or sent by email or you accept the order form pre-filled by the advisor by returning an email.
• You make an initial payment of 40% of the trip price or the total amount to validate your registration. You can make this payment by credit card, by bank transfer, by check or by cash.
If the services of the chosen tourist stay are available, the registration definitively binds the customer who can only cancel the contract under the conditions of article 17 below. The concluded contract is drawn up in duplicate, one of which is given to the Customer, and signed by both Parties. KomUnity reserves the right to modify the content of the trip presented in its catalog or on its Site according to the availability of accommodations or activities.
If no similar tourist stay service is available, KomUnity informs the customer of alternative solutions. Acceptance by return email is then equivalent to registration. If the Customer does not accept the proposed changes, the Contract will be automatically cancelled and all amounts paid by the customer will be fully reimbursed.
ARTICLE 13: ABSENCE OF WITHDRAWAL
In accordance with article L221-28 of the Consumer Code, the Customer cannot benefit from the right of withdrawal provided for in article L221-18 of the same code.
ARTICLE 14: PRICE
The request to book a stay containing the voucher discount code must be validated by the beneficiary on the KomUnity website at a date prior to the validity date of the voucher. Once the reservation request is validated by the beneficiary, the conditions of acceptance of the contract described in article 2 apply. Confirmation of the stay is subject to availability.
14.1. Price description
KomUnity vacation description sheets mention what is included in the price and what is not included in the price.
The price of the trip is indicated including all taxes (TTC).
The categories available for each stay are presented in the stay sheet. The photographs in the accommodation section on each stay sheet on the KomUnity site are provided for information and illustration purposes only and cannot under any circumstances engage KomUnity's responsibility. In fact, KomUnity only provides its Customers with categories of accommodation: the photos shown are therefore only there for information purposes.
Unless otherwise indicated on the description sheets of the stays, the basic package does not include transport to the place of departure of the trip, supplements, drinks, meals not indicated as included, personal expenses, additional activities and any services not indicated in the description.
During platoons and events, meals are included in the service unless otherwise specified.
The price may change during the season. However, the price indicated on the description sheet of the website at the time of registration is the current price. Unless otherwise specified in the travel description, the basic package does not include ticket fees, tourist tax, supplements, drinks, expenses to be paid on site, shows, excursions, vaccine fees, visas, etc. as well as any service or service not expressly mentioned in the description.
The customer's renunciation of certain services or benefits indicated on the order form will not give rise to any refund or credit note.
14.2. Payment method
• Upon registration, a deposit of 40% of the total price is required to confirm the reservation. The cancellation insurance premium offered by KomUnity is payable at the time of registration.
• 30 days from the date of departure, payment of the total amount of the trip or the outstanding balance.
14.3. Failure to pay the balance
Any failure to pay the balance within 15 days by the Customer, whether total or partial, will result in the suspension of the execution of the tourist package, the resulting costs being borne by the Customer, without prejudice to any action that may be taken against him. Therefore, KomUnity will not be required to maintain the availability of the stay.
14.4. Means of payment
You can pay by credit card, bank transfer, check, or cash within the limits authorized by law.
ARTICLE 15: PRICE REVISION
15.1. Increase or reduction
After the reservation, prices may be modified up or down, in accordance with article L211-12 of the Tourism Code, if the price increase results from an evolution:
• The price of passenger transport resulting from the cost of fuel or other energy sources;
• The level of taxes or fees on travel services included in the Contract, imposed by a third party that is not directly involved in the execution of the Contract, including tourist taxes, landing taxes or taxes for boarding and disembarking at ports and airports;
• Exchange rates in relation to the Contract.
15.2. Customer notification
KomUnity undertakes to inform the Customer, if necessary, through the intermediary of the Group Manager, and to provide, on a durable medium, the justifications and calculations allowing the increase applied to be achieved.
The price must be changed no later than twenty (20) days prior to departure or the first day of the program. From twenty (20) days before departure or on the first day of the program, no price changes can be made.
15.3. Calculation methods
The price of the trip is calculated based on an average fuel price. The price is likely to be adjusted according to the average daily index price per ton of kerosene in the previous month.
With regard to taxes and fees, KomUnity will apply the increases and decreases imposed by the service providers concerned.
Regarding exchange rates, it is specified that these are available on the European Commission's website (INFOREURO).
The exchange rate used for the precise calculation of the travel price will be the rate on the date specified in the Commercial Offer when Booking.
Currency fluctuations are only assessed on the part of the services that is invoiced in foreign currency.
In the event that the change in currency exchange rates between the date of the Reservation and the 20th day preceding the date of departure would have an impact (up or down) on the price of the Trip, KomUnity will pass it on in full to the Customer.
15.4. Consequences in case of an increase
The Customer will be required to pay the supplement due. In the event of the Customer's refusal to pay the said supplement, the latter will be able to cancel the Trip under the conditions and according to the procedures set out in article 17 of the CGV.
15.5. Consequences in the event of a price drop
The Customer has the right to a reduction in the price corresponding to any reduction in the costs mentioned in article 15 of the GTC.
In the event of a reduction in the price, KomUnity will reimburse the Customer after deduction of its actual administrative expenses.
ARTICLE 16: GIFT CARD
A “gift card” link on the booking pages for a trip or a platoon on the KomUnity site allows you to offer a beneficiary a voucher worth equal to the total amount of the stay purchased, paid in full upon purchase. The voucher is not limited to the stay and to the services chosen by the buyer on the order form. The voucher takes the form of a discount code whose monetary value is equal to the total amount of the buyer's order. It can be used by the beneficiary on all stays and services offered by KomUnity on its site. However, the beneficiary remains subject to the availability conditions and rates in force on the date of use of the voucher. This discount code is valid for 1 year from the date it was created. This code:
• Is the exclusive property of the beneficiary,
• Is not transferable,
• Is not splittable,
• Is not eligible for an extension at any time.
The voucher containing the name of the beneficiary, the name of the purchaser, the reference of the discount code, the monetary value of the discount code and its validity date is sent to the purchaser or beneficiary by mail or by electronic means.
To redeem their voucher, the beneficiary fills out the request to book the stay of their choice on the KomUnity website by entering the discount code on their voucher. If the amount of the reservation is greater than the monetary value of the voucher, whether due to seasonality, the stay, the services chosen by the beneficiary and/or a price change in the stays on the KomUnity site, the balance due is the responsibility of the beneficiary. There is no partial refund of the voucher to the beneficiary if the monetary value of the voucher is greater than the amount of the reservation.
ARTICLE 17: CANCELLATION OF THE RESERVATION
17.1. Cancellation of the “Voyages” & “Pelotons” reservation
Cancellation by the Customer
The Customer may cancel the contract at any time before the start of the stay in exchange for the payment of cancellation fees. If the cancellation occurs:
• More than 90 days before departure: 75% refund/or 100% credit note of the amounts received valid in the next 12 months
• Between 60 and 90 days before departure: 50% refund/or 75% credit note of the amounts received valid in the next 12 months
• Between 30 and 60 days before departure: 25% refund/or 50% credit note of the amounts received valid in the next 12 months
• Less than 30 days before departure: No refund or credit of 50% of the amounts received valid in the next 12 months
Please note that a credit note cannot be converted into a refund at a later date.
To protect yourself against a last-minute cancellation, KomUnity recommends taking out cancellation insurance with its partner Chapka Assurances. It should be noted that this insurance can only be taken out within 48 hours of ordering your trip.
Cancellation by the Company
In the event of an unconfirmed departure, all amounts paid by the Customer will be refunded. On the other hand, the amounts paid by the Customer for his transport cannot be reimbursed by the company.
A deferral is possible and will be the preferred solution by the Agency and the Client.
17.2. Cancelling the “Events” reservation
If the cancellation concerns only one or more Cyclists constituting a privatized group, and the minimum number of participants required is still reached, then the cancellation conditions for VOYAGES & PELOTONS reservations (article 17.1) apply.
If the cancellation concerns the whole group, then the group can cancel the contract at any time before the start of the trip in exchange for the payment of a cancellation fee. If the cancellation occurs:
• More than 30 days prior to departure: deposits paid are not refundable
• Between 30 and 7 days before departure: 25% of the amounts paid can be refunded
• Less than 7 days before departure: all amounts paid will be acquired by the company
ARTICLE 18: MODIFICATION OF THE RESERVATION
The Customer has the right to change the date of his trip free of charge up to 30 days before departure subject to availability.
For a “platoon” or “event” reservation, no change of date is possible.
Regarding the transfer of the reservation to a person other than the Customer: taking into account the nature of the service and the physical conditions required, the Customer may only change the identity of the participants provided that these participants meet all the physical and technical conditions as listed in the special conditions.
Only Komunity will be able to validate this modification. In case of non-compliance with the conditions listed above, KomUnity will not be able to accept the modification.
In application of article L.211-12 of the Tourism Code, the Company reserves the right to modify certain details of the stay in relation to the information given before signing the contract.
ARTICLE 19: MINIMUM NUMBER OF “PLATOON” PARTICIPANTS
The Customer is informed that the completion of “platoon” stays is subject to the registration of a minimum number of participants to guarantee departure. The Company undertakes to confirm a stay no later than 30 days before the departure date.
In the event that the completion of the stay cannot take place unless the minimum number required is reached, the Customer will then be reimbursed for all amounts that he may have paid but will not be able to claim compensation. Whether or not a stay is confirmed will be communicated to the Customer by email.
As an alternative to reimbursement, the Company will also offer the Customer to postpone their registration to another available Peloton stay date. This deferral will take place at no additional cost and will be subject to acceptance by the Customer.
ARTICLE 20: INTERRUPTION OR NON-PRESENTATION OF PARTICIPANTS AT THE START: “NO SHOW”
The interruption of the service booked by the Customer or one of the participants will not give rise to any reimbursement. No refund will be made in the event that one or more of the participants in the trip do not show up at the departure, at the times and places mentioned by the Company, or are unable to participate in the trip for any reason.
ARTICLE 21: INSURANCE
The Customer is informed that in any case, in the case of trips and events outside his country of residence, he must have Repatriation Assistance insurance. He must justify it at the time of registering for trips and events outside his country of residence.
ARTICLE 22: RESPONSIBILITY
22.1. Corporate Responsibility
KomUnity is not responsible for facts or circumstances relating to force majeure, acts of third parties unrelated to the provision of services provided for in the contract or for the poor execution of the contract attributable to the Customer or to the participants in the services.
KomUnity cannot be held responsible in the event of a false statement by the Customer about his physical condition or his abilities. With regard to unaccompanied trips and events, the Customer is responsible for his movements and his itinerary.
The Customer was informed prior to departure of the risks inherent in trips, platoons and events and in the preparation of such trips, platoons and events. The Customer acknowledges that he is aware of these risks and accepts them.
Komunity is not responsible for the loss or deterioration of valuables or furniture belonging to the Customer.
KomUnity is also not responsible for the execution of services purchased on site by the Customer or the participants in the trip and not provided for in the particular conditions.
The liability of airlines is governed and limited by their travel conditions as well as by the international conventions of Warsaw of 12 October 1929 and Montreal of 28 May 1999 and/or the Community regulation of 11 February 2004.
In any event, the Agency's liability cannot exceed that of the airlines.
22.2. Customer Responsibility
The Customer is financially responsible for any damage that he may cause during their stay.
He is responsible for all incidents or accidents that may occur to him or to third parties, in particular as a result of the adoption of dangerous behavior or contrary to the concepts recalled during the preparation taking place on site, on the first day of the event.
The Customer undertakes to respect the laws and regulations in force in the country in which he is staying.
ARTICLE 23: ADMINISTRATIVE AND HEALTH FORMALITIES
Some administrative and/or health formalities necessary for the execution of the trip are specified before booking. It is the Customer's responsibility to inquire about these formalities, to comply with them and, where applicable, to bear the costs. Before registering to begin your trip, you should check that you are in possession of a valid passport or other document that meets the requirements required to transit and/or enter the country (s) of travel. It is recalled that the regulations of some countries require passports to be valid for more than 6 months following the date of return.
Persons who are not EU nationals must inform themselves and inquire, before registering and making their trip, about the administrative (visas...) and health (vaccines...) formalities required, in particular from the competent embassies and consulates.
The consequences of non-compliance with administrative and health formalities by the traveller, such as the impossibility of departing on the date indicated, are the sole responsibility of the traveller. KomUnity cannot, under any circumstances, be held responsible for the consequences of the traveller's non-compliance with police, customs or health regulations prior to or during the trip (e.g.: loss of identity papers and/or train tickets, etc.).
ARTICLE 24: AUTHORIZATION
As part of the services delivered, the Customer or the Cyclists designated by the latter will be filmed and photographed. The company will thus be able to give the Customer a souvenir on a digital medium of his trip or event.
In this context, the Customer accepts the use of his image and authorizes KomUnity to reproduce and exploit his image in the context of photographs and videos taken as part of the trips, platoons and events in which he will participate.
This authorization includes the possibility of making any modification, adaptation or deletion to the initial fixation of his image that he deems useful. In particular, KomUnity may use, publish, reproduce, reproduce, adapt or modify it, alone or in combination with other materials, by any means, methods or techniques currently known or to come.
This authorization is valid for use:
• For a period of: 3 years,
• In the territories: World.
• On all material and intangible media, in all formats known or unknown to date, and in particular, without this list being exhaustive: paper media (prints of photographs), catalogs and various editions, CDROM/DVDROM and other digital media, any audiovisual medium, any audiovisual medium, in particular cinema, TV and by any means inherent to this mode of communication, internet (including Intranet, Extranet, Blogs, social networks), all audiovisual media, any audiovisual medium, in particular cinema, TV and by any means inherent to this mode of communication, internet (including Intranet, Extranet, Blogs, social networks), all devices of reception combined (smartphones, tablets, etc.), media, press (television commercials, spots, etc.) cinematographic advertising), internal communication media, promotional materials (POS, ILV, poster campaigns in all places, all dimensions and on all media (urban, airports, stations, public transport, etc.)), sales media (merchandising products: merchandise products: postcards, posters, T-shirts, etc.), right of integration into another multimedia work/work.
This authorization to use my image right is granted free of charge.
ARTICLE 25: DISCLAIMER & RISK ACCEPTANCE
25.1. Inherent risks
The client has noted that, in the context of the trip or event, the risks associated with his participation include:
• Injuries due to falls or other movements (sprain, strain, fracture, etc.);
• Injuries caused by a blunt or sharp object (branches, equipment, etc.);
• Cold or hypothermia;
• Injuries resulting from accidental or non-accidental contact between individuals;
• Contact with water or drowning (during aquatic activities or near a river), avalanche or falls;
• Burns or disorders due to heat, food allergy
This list is not exhaustive.
25.2. Health status
The Customer certifies that his state of health and his physical abilities allow him to participate in the activities offered by KomUnity. He certifies that he has no known or treated pathology.
The client certifies that they do not have physical, emotional, or behavioral health problems that may directly or indirectly limit their participation in activities.
25.3. Accepting risks
The Customer is aware that the activities offered by KomUnity take place in semi-natural or natural environments that are possibly rugged, which, consequently, are further away from where these medical doctors are served. This state of affairs could lead to long delays during an emergency requiring evacuation, and therefore, a possible worsening of his condition or injury. Having become aware of these risks and having had the opportunity to discuss them with a person responsible for the activity, the client acknowledges having been informed about the risks inherent to the activities and is in a position to undertake the activity or the stay with FULL KNOWLEDGE OF THE FACTS AND ACCEPTING THE RISKS that this stay or this activity may involve. The client is also committed to playing an active role in the management of these risks by adopting a preventive attitude towards himself and towards the other people around him.
25.4. Material liability waiver
The customer hereby waives any claim, as well as any claim for damages for any damage to goods and equipment belonging to him. (Normal wear and tear, loss, breakage, theft.)
25.5. Authorization to intervene in case of emergency
The Customer authorizes KomUnity to provide all necessary first aid. It also authorizes KomUnity to make the decision in the event of an accident to transport it (parambulance, helicopter, coast guard or otherwise) to a hospital or community health institution, all, if necessary, at its own expense.
ARTICLE 26: INSURANCE
KomUnity declares that it is insured, in particular in professional civil liability, with a well-known solvent company and undertakes to keep all insurance policies up to date, to cover all damage caused to the Customer or to any third party and resulting from the execution or non-performance of the Contract.
ARTICLE 27: FINANCIAL GUARANTEE
KomUnity justifies a sufficient financial guarantee specially allocated to the reimbursement of funds received for the Trip booked by the Customer, subscribed to by a well-known solvent company.
Information relating to the financial guarantee is mentioned in article 1 of the GTC.
ARTICLE 28: PERSONAL DATA
28.1. Use of personal data
KomUnity uses the Personal Data of the Customer, a natural person, in particular in the context of the conclusion of the Contract, the provision of the Trip and associated services.
KomUnity acts as data controller within the meaning of Law No. 78-17 of 6 January 1978 as amended relating to information technology, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, relating to the protection of natural persons with regard to the processing of personal data and to the free movement of such data (RGPD).
KomUnity uses the Customer's Personal Data in particular for the purposes of:
- Respond to contact and information requests;
- Take into account the needs and requests of the Customer;
- Communicate your Quotation to the Customer;
- Allow the Customer to make a reservation and to proceed with the payment of the price;
- Allow the Customer to sign the Contract;
- Inform the Customer about the follow-up of his reservation, his cancellations and requests for changes;
- More generally manage its commercial relationship;
- Promote its services;
- Assisting the Customer during his Trip;
- Manage requests to exercise rights, claims and disputes.
The use of the Customer's Personal Data is justified, depending on the case, by the latter's consent, the execution of the Terms and Conditions and the Contract, the compliance with legal and regulatory obligations or the legitimate interests pursued by KomUnity (e.g. promoting its services).
Some Personal Data requested when Booking and providing the Trip are mandatory. In the absence of the provision of mandatory information, the Customer's request will not be successful.
Personal Data is accessible to KomUnity's authorized staff and to service providers (subcontractors) whom KomUnity uses to provide its services (e.g.: CRM editor, data host, etc.).
Likewise, KomUnity transmits certain Customer Personal Data to its commercial partners who are involved in the provision of transport, accommodation or baggage transfer services, for example, so that they can fulfill their own contractual commitments.
Personal Data is kept for varying periods of time depending on the purpose of their collection. For example, the Personal Data requested when booking is kept for the duration of the Contract increased by five (5) depending on its term.
The Customer has the rights to access, rectify, delete and portability of his Personal Data, as well as the right to withdraw his consent, a right to oppose and limit certain treatments and the right to determine the fate of his data after death, which he can exercise by contacting KomUnity at the email address contact@komunity.cc.
The Customer also has the right to file a complaint with the CNIL.
For more information, the Customer is invited to consult the Personal Data Use Policy available on the Site.
28.2. Confidentiality
KomUnity undertakes to keep all Personal Data and information confidential and to use them only in order to allow the Customer to proceed with the Booking of his Trip and to benefit from the services, under the conditions set out in the CGV.
ARTICLE 29: ELECTION OF RESIDENCE - NOTIFICATION
For the purposes of these terms, KomUnity elects its domicile at its head office, whose address is indicated in article 1 hereof.
ARTICLE 30: AMICABLE SETTLEMENT
Any dispute or any dispute relating to the formation, validity, validity, interpretation or execution of the GTC must be resolved amicably between the Parties as a matter of priority.
The Customer is invited to contact KomUnity who will assist him in trying to solve the said difficulty by email at the address contact@komunity.cc.
ARTICLE 31: CONSUMER MEDIATION
In the event of a dispute and if he wishes, the Customer may use conventional mediation, possibly with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example).
The consumer mediator selected by KomUnity is:
MTV Travel — Tourism and Travel Mediation
22 Avenue Franklin Delano Roosevelt 75008PARIS
ARTICLE 32: ONLINE DISPUTE RESOLUTION PLATFORM
In accordance with article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution (ODR) platform, aimed at facilitating the extra-contractual resolution of online disputes between consumers and professionals in the European Union.
This platform is accessible via this link: https://webgate.ec.europa.eu/odr/.
ARTICLE 33: APPLICABLE LAW AND COMPETENT COURTS
The general and specific conditions constituting the Contract are governed by French law.
In application of article R. 631-3 of the Consumer Code, the consumer may refer either to one of the courts with territorial jurisdiction under the Code of Civil Procedure, or to the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event.
When the Customer is a merchant within the meaning of the Commercial Code, express jurisdiction is attributed to the materially competent courts of the Company's head office, notwithstanding multiple defendants or warranty claims. This jurisdiction also applies in matters of summary proceedings.
In the absence of such status, the Parties refer to the provisions of articles 42 et seq., of the Code of Civil Procedure.