LABEL WEST SARL
Société à responsabilité limitée
au capital de 20.000€
Head Office : 10 Rue des Métiers – 14123 CORMELLES LE ROYAL
RCS from the city of CAEN N° 789 478 823
GENERAL TERMS AND CONDITIONS FOR SERVICES PROVIDED
BY LABEL WEST
01. GENERAL
The general Terms and Conditions (T&Cs) indicated below aim to define the conditions for the fulfillment of orders placed with LABEL WEST. These T&Cs will apply to all sales, services and related activities of LABEL WEST. These conditions supersede the general conditions and/or any specific conditions indicated by a third party working in tandem with or on behalf of LABEL WEST unless specified otherwise.
An order is confirmed when a quote has been accepted and indicated thusly in a written format. By accepting a quote, the Client implies that they accept and are in full knowledge of the T&Cs of LABEL WEST for all requested services in accordance with Article L441-6 of the Code Commerciale (FRANCE).
02. ORDERS – QUOTES
All prices indicated by LABEL WEST at the time a quote is issued, are valid for 60 days unless indicated otherwise. Beyond this period, all rates are subject to change. Orders are finalized following the signature and specified deposit in relation to a quote.
Under no circumstance will a deposit made in order to secure a service qualify as Earnest Money. (see Arrhes French consumer legislation article L.214-1 and the corresponding article 1590 of the civil code). This deposit is non-refundable. Following the end of service(s) the deposit will be applied as a credit to your file and deducted from the total balance due. The services and/or sale of services by LABEL WEST are strictly limited to those specified in the purchase order or quotation, with all amounts indicated both exclusive of taxes as well as the inclusion of value added tax (VAT) applicable at the time of their due date.
03. SERVICE EXECUTION
LABEL WEST is responsible for the provision of services ordered by the client and will make every effort to fulfill the order within its means and to provide said services by the date previously agreed upon. All bookings and reservations must be made in the name of the traveler(s) or the travel agency. All reservations are subject to availability at the time of booking and will only be confirmed upon the receipt of full payment or the previously agreed-upon deposit.
All modifications and additional requests must be received in writing and be accepted by a representative of LABEL WEST. Changes will only be validated following the signature of a new quotation as well as the payment of any additional fees that may be required. LABEL WEST reserves the right to subcontract services in order to fulfill an order.
04. DEADLINES AND CANCELLATION INSURANCE
Services will be provided according to a previously agreed schedule or date that has been agreed upon by both parties. The delivery time of a service is indicative and holds no guarantee, it is provided for informational purposes only. In the event of a delay, cancellation or disruption of a service due to force majeure or any other cause beyond LABEL WEST’s control cannot be objected to, nor give rise to the withholding of penalties or compensation as the result of cancellation. Both parties will mutually agree to reschedule the service(s) on a new date or by the end of the calendar year. The rescheduling of a service is subject to availability.
Cancellation Insurance: All rates are exclusive of any provisions for cancellation protection. LABEL WEST strongly recommends that all travelers purchase cancellation protection at the time of booking.
05. WARRANTY
LABEL WEST agrees to hold professional liability insurance with a reputable insurance company. LABEL WEST cannot be held responsible for delays or failures of service providers towards the client.
06. LIABILITY
The traveler accepts that unforeseeable events may occur when traveling, and agrees that LABEL WEST or any tour operator, product or service provider represented by LABEL WEST cannot be held responsible for any consequences. These events include but are not limited to: illness, theft, trade disputes, mechanical breakdown, excessive traffic, Parisian Congestion*, the weather, quarantine, protests, road accidents, roadworks, natural disasters, acts of terrorism, war or death.
*LABEL WEST always calculates journey times with sufficient consideration for daily traffic at peak hours, national holidays, sporting events, seasonal holidays, complicated itineraries and announced public works.
LABEL WEST cannot be held responsible for additional delays as a result of unforeseen events, specifically those pertaining to Parisian congestion both within the city of Paris as well as greater Paris (Ile de France).
07. PAYMENT TERMS – PAYMENT METHODS
Unless specified otherwise, the client must pay a minimum of a 30% deposit at the time of booking either by credit card or bank transfer in order to guarantee availability of the requested service. In the event no deposit is received, LABEL WEST reserves the right to terminate the order.
Unless specified otherwise, the total balance is due 8 days prior the start of a service, or the start date of multiple services if pertaining to a multi-day booking.
If final payment is not received in accordance with this agreement, LABEL WEST reserves the right to cancel the service without notice.
Payment Methods: Payments will be made by credit card or bank transfer. All payments and deposits made by credit card using a secure link will incur additional administrative bank fees of approximately 5% including taxes of the total balance paid.
E.g. when paying by credit card:
1000€ deposit is due to be paid plus an additional 5% transaction fee
1000€ x 1.05 = TOTAL balance due
Total to be paid would be 1050€ (inclusive of tax).
All payments made by bank transfer will not incur additional fees other than those imposed by the bank or entity conducting the transaction. LABEL WEST will provide you with a secure payment link or its bank information in order to receive payment to finalize your reservation.
08. CANCELLATIONS AND PENALTIES
Cancellations: If for any reason the client decides to cancel, the following penalty clause applies and LABEL WEST has the right to bill the following:
Cancellation Fees
For Services in Domestic Vehicles (Mercedes E Class, Mercedes S Class, Mercedes V Class or equivalent):
• Cancellations for transfers and guiding services made 30 days or more prior to your planned arrival or service delivery date will not incur a penalty.
• All deposits provided for additional services are non-refundable.
• Cancellation between 30 and 15 days prior to arrival/service delivery will incur a 25% penalty of the total balance due.
• Cancellation between 14 and 8 days prior to arrival/service delivery will incur a 50% penalty of the total balance due.
• Cancellation from 7 days or less prior to arrival/service delivery will incur a 100% penalty of the total balance due.
For Mercedes Sprinter and Touring Coaches only:
• Cancellations for transfers and guiding services made 45 days or more prior to your planned arrival or service delivery date will not incur a penalty.
• Cancellation between 45 and 30 days prior to arrival/service delivery will incur a 50% penalty of the total balance due.
• Cancellation from 30 days or less prior to arrival/service delivery will incur a 100% penalty of the total balance due.
• The postponing of a planned service will not incur a penalty. All modifications are subject to availability.
Resolution of Sale: In the event a service is not delivered due to fault on the part of the client, particularly in the absence of payment of the deposit or any due date within the set deadlines, the contract may be terminated automatically, without formality.
Penalty Clause: The deposit paid will not be returned, in the event of modification or cancellation of the order by the Client, or termination of the sale and will be retained as per the penalty clause of LABEL WEST.
09. FORCE MAJEURE
LABEL WEST or any tour operator, product or service provider represented by LABEL WEST cannot be held liable for any delay, loss of personal belongings, injury, accident, damage, inconvenience, loss of enjoyment, upset, disappointment, frustration (either mental or physical) owing to a Force Majeure. That is to say, any unforeseeable event such as, but not limited to:
Any unjustifiable or negligent act, or an omission on behalf of a service provider or employee thereof.
Any Illness, theft, trade dispute, mechanical breakdown, quarantine, war, governmental constraint, civil unrest, poor weather conditions, the closing or poor state of repair of an access road or other factors over which no reasonable control can be exercised by either LABEL WEST or its affiliates.
10. COMPLAINTS
Travelers must notify LABEL WEST of any problem immediately upon arrival at their destination or through their agency to avoid any delay in receiving assistance. In the unlikely event that a problem cannot be resolved immediately, travelers are requested to forward the specifics of their complaint in writing directly to LABEL WEST within 7 days. Should you fail to do so, no action will be taken by LABEL WEST.
11. DISPUTES
These terms and conditions fall under French law. In case of legal proceedings between two or more parties, these sales conditions are subject to the local jurisdiction. Jurisdiction is assigned to the Court of Commerce in CAEN, which is the closest registered entity within proximity to the offices of LABEL WEST.