Preamble
The website www.icigo.com (hereinafter ‘ICIGO’) is owned by Etineria Inc, a company incorporated under Canadian law, and is managed, operated and marketed by Etineria Tours (hereinafter ‘Etineria’), a single-member simplified joint-stock company (SASU) with a share capital of €7,500, registered with the Pointe-à-Pitre Trade and Companies Register under number 919531707, with its registered office at Savannah - Bat B - APT 48 - Le Haut du Bourg - 97118 Saint-François, Guadeloupe.
Etineria, as a travel and tourism agency registered with Atout France, acts as an intermediary and/or supplier for the booking and sale of tourism services (excursions, activities, ferry tickets, car hire, holiday accommodation, package holidays, etc.).
Email: [email protected]
Telephone: 05 90 69 87 87
Professional indemnity insurer: APRIL ENTREPRISES CARAIBES, Mirador Building, Moudong Roundabout, 97122 Baie-Mahault
Financial guarantor: APST, 15 Avenue Carnot – 75017 Paris
These General Terms and Conditions of Sale (hereinafter ‘GTC’) apply to any order for tourism services placed on ICIGO by a customer (hereinafter ‘the Customer’).
1. PURPOSE
These Terms and Conditions set out the mutual rights and obligations of Etineria and the Customer in relation to the booking, payment and provision of tourist services offered on ICIGO. These services include, but are not limited to: excursions, tourist activities, inter-island ferry tickets, car hire, seasonal accommodation, packages (tourist packages), etc.
2. CAPACITY AND DEFINITIONS
Customer: Any natural or legal person (including consumers, travellers as defined in the Tourism Code, professionals, companies, associations, works councils or any other organisation) making a booking on ICIGO. Consequently, the term ‘Customer’ covers both consumers and non-professionals, as well as professionals acting for purposes falling within the scope of their business activities.
Service provider(s): Independent supplier(s) responsible for the actual delivery of the services sold (excursions, transport, accommodation, etc.).
Bookeo: A technical tool for booking and order management on behalf of Etineria.
Stripe: A secure payment platform used for online payments.
The Customer is hereby informed that certain provisions of these Terms and Conditions may vary depending on whether they are a consumer/non-business user or a business user, as specified in these Terms and Conditions and, in particular, in Article 25.
3. SCOPE
These Terms and Conditions apply to all bookings made on ICIGO. The main features of each service are set out on ICIGO, and the Customer is required to familiarise themselves with these before making a booking.
The use of, browsing on and access to the ICIGO website are also governed by the Terms and Conditions of Use (T&Cs), which can be found at the following address: https://www.icigo.com/conditions-generales-icigo. Customers are advised to read the Terms and Conditions before using the website.
By ticking the box to accept the Terms and Conditions of Sale, the Customer acknowledges that they have read, understood and accepted these Terms and Conditions of Sale, as well as the Terms of Use, without reservation.
4. BOOKING PROCESS AND FORMATION OF THE CONTRACT
The Customer selects the desired services on ICIGO. The booking may be confirmed automatically or may require confirmation by the Service Provider.
- In the event of immediate confirmation, payment of the deposit or the full amount constitutes confirmation.
- Where confirmation is subject to availability, Etineria will notify the Customer by email or text message. The booking is only confirmed once payment has been received and is subject to availability at the time of payment.
Any confirmed and paid-for booking constitutes a distance contract between the Customer and Etineria. Etineria reserves the right to cancel any order in the event of a previous dispute.
It is the Customer’s responsibility to check that the order is correct and to ensure that Etineria can easily contact them via their email address and telephone number.
5. CHANGES TO AND CANCELLATION OF BOOKINGS
Unless otherwise specified at the time of booking:
- Cancellation or change at least 6 days before the activity: no charge (refund of the deposit).
- Cancellation or change less than 48 hours before the activity: 100 per cent of the deposit will be retained.
- Cancellation or amendment between 2 and 6 days: a charge of between 10% and 50% of the deposit, depending on the terms specified on the receipt.
The specific policies of certain Service Providers take precedence and are communicated during the booking process.
If the Service Provider or Etineria is required to amend or cancel the service (for operational, weather-related, legal or other reasons), an alternative arrangement or a refund will be offered. Should the Customer decline this, any sums already paid will be refunded.
6. PRICES AND TERMS OF PAYMENT
Prices are quoted in euros, inclusive of VAT. Payment is made online via Stripe. Payments are deemed final once the funds have been credited to our account.
If any outstanding balance is due at a later date, the Service Provider may cancel the booking if payment is not received within the specified time limit.
Prices do not include tips, personal insurance or meals, unless expressly stated on the ICIGO activity details page.
7. PROVISION OF SERVICES
Etineria operates on a best-efforts basis. The Service Provider is solely responsible for the proper performance of the tourism service, in accordance with the provisions of the Tourism Code and the applicable regulations. Etineria shall not be held liable in the event of non-performance or poor performance attributable to the Service Provider, an external event, a case of force majeure or any circumstance that neither Etineria nor the Service Provider could reasonably have foreseen or prevented (force majeure, strikes, weather, etc.).
The Client acknowledges that the Service Provider is the sole point of contact for any complaint directly relating to the provision of the service (quality of service, timings, conduct of the activity, etc.). In the event of a problem arising during the provision of the service, Etineria undertakes, within the limits of its legal obligations, to provide the Client with all reasonably possible assistance, in particular by informing the Client of their rights and the steps to be taken, or by facilitating communication with the Service Provider. However, this assistance shall under no circumstances be construed as Etineria accepting liability or admitting fault.
The Customer must have all the documents, supporting evidence and identity documents required by the legislation in force and by the Service Provider, in particular to establish the age of the participant(s) and to enable the verification of rates by age group, to prevent fraud, and to comply with the applicable rules, including those relating to customs formalities. Failure to present valid identity documents, or any document that does not comply with French legal requirements and the Service Provider’s terms and conditions, may result in the Customer being refused transport, without the Customer being entitled to a refund of any sums paid to Etineria or the Service Provider.
The Customer remains solely responsible for the validity and admissibility of their identification documents. Etineria shall not be held liable should the Service Provider refuse to provide the service on the grounds that the documents do not comply with the requirements.
The Customer has 7 days following the provision of the service to make a complaint to [email protected].
8. ADDITIONAL SERVICES (ACCOMMODATION, PACKAGES)
In the case of accommodation hire or the sale of holiday packages, specific terms and conditions may apply (deposit, house rules, amendments, legislation applicable to package holidays). These specific terms and conditions, which are set out at the time of booking, take precedence over the general terms and conditions.
9. SALES OF TOURIST PACKAGES
In connection with the sale of package holidays (within the meaning of Articles L.211-1 et seq. of the Tourism Code, resulting from the transposition of Directive (EU) 2015/2302), Etineria undertakes to comply with all applicable legal and regulatory provisions.
The package holidays offered by Etineria comprise at least two types of travel services (for example, transport, accommodation, tourist activities), sold or provided at a single price, and covering a period of more than 24 hours or including an overnight stay. Etineria assumes legal responsibility as an organiser or intermediary for package holidays, in accordance with the Tourism Code.
Before the package holiday contract is concluded, Etineria will provide the Customer with the essential information required by law, including a description of the services, the total price, cancellation terms, passport and visa requirements, terms relating to optional insurance, and the rights and obligations arising under the Tourism Code.
In the event of any difficulties, Etineria undertakes to provide the Customer with appropriate assistance, in accordance with Articles L.211-16 et seq. of the Tourism Code. The Customer is informed that Etineria’s liability, as an organiser or intermediary of package holidays, is governed by the mandatory legal provisions in force, which take precedence over these Terms and Conditions.
10. SPECIFIC TERMS AND CONDITIONS OF SALE FOR EXPRESS DES ÎLES TICKETS
10.1 ICIGO’s role
ICIGO acts as an intermediary for the sale of tickets operated by L’Express des Îles. By purchasing a ticket via ICIGO, the Customer accepts L’Express des Îles’ Terms and Conditions of Sale and General Terms and Conditions (available at https://www.express-des-iles.fr/).
10.2 Liability and Terms and Conditions
Services operated by L’Express des Îles, including international services, are governed by French and European law and by L’Express des Îles’s Terms and Conditions. ICIGO cannot be held liable for any changes, delays or cancellations for which L’Express des Îles is responsible. Any complaints relating to sea transport must be addressed directly to L’Express des Îles.
10.3 Cancellation, Amendment, No Right of Withdrawal
Maritime transport tickets are excluded from the right of withdrawal (Article L221-2 of the Consumer Code). The terms and conditions for cancellation, amendment and refunds are those of L’Express des Îles.
11. SPECIFIC TERMS AND CONDITIONS OF SALE FOR CTM, DEHER AND COMADILE TICKETS
11.1 ICIGO’s role
ICIGO acts as an intermediary for the sale of tickets for:
- CTM Deher
- Comadile
By purchasing a ticket via ICIGO, the Customer accepts the terms and conditions of the relevant airline.
11.2 Boarding Procedures
- CTM Deher: Passengers receive an e-ticket with a QR code, allowing them to board directly without having to go to the ticket counter.
- Comadile: The customer receives an e-ticket with a QR code, allowing them to board directly without having to go to the ticket counter.
11.3 Liability and Conditions of Carriage
The terms and conditions (luggage, animals, timetables, delays, cancellations, refunds) are governed by the General Terms and Conditions of Sale and Transport of CTM Deher or Comadile. ICIGO is not liable for any changes, delays, losses, etc. Any complaints must be addressed directly to the relevant company.
11.4 No Right of Withdrawal and Cancellation Terms
Ferry tickets are excluded from the right of withdrawal. The terms and conditions for cancellation, changes and refunds are those of CTM Deher or Comadile.
12. MANAGING DELAYS AND COST OVERRUNS
For trips on smaller boats (e.g. the 12-seater NUC), it is essential to keep to the timetable. In the event of one or more passengers being late:
- The operator is never obliged to wait. By default, the trip may go ahead at the scheduled time, without those who are late, who will then forfeit any money paid, without compensation.
- If the operator, at its sole discretion, suggests waiting, the unanimous agreement of the other passengers is required.
◦ Waiting time of up to 30 minutes: no additional charge or compensation.
◦ Waiting time of between 30 minutes and 1 hour: if the other passengers agree, the late passenger(s) will be required to pay a surcharge of 10 per cent of the total value of their tickets before boarding.
◦ Waiting time > 1 hour: subject to the agreement of the other passengers and at the operator’s discretion, the late passenger(s) will be required to pay an additional charge of 15 per cent of the total value of the other passengers’ tickets.
- If the other passengers refuse to wait, or if constraints (statutory timetables, environmental factors, weather conditions) mean that the departure cannot be delayed, the boat will set off without those who are late, with no refund or compensation.
- The additional charges collected in this way may, at the operator’s discretion, be used to offer a goodwill gesture to passengers on board. Passengers are not automatically entitled to compensation at this stage.
13. LANGUAGE OF REFERENCE
These Terms and Conditions, together with all the information appearing on the ICIGO website, are written in French. The French version is the official version and shall prevail in the event of any discrepancy or inconsistency with a translated version, in particular the English version.
Although reasonable efforts have been made to translate the ICIGO website into English to aid international customers’ understanding, errors in translation or price display may occur. In the event of any doubt or discrepancy between the French and English versions, the French version shall prevail. Etineria shall not be held liable for any consequences arising from such errors, omissions or discrepancies in the translated version.
By accepting these Terms and Conditions, the Customer acknowledges that they have read this clause and agrees that the French version shall prevail in the event of any conflict.
14. RIGHT OF WITHDRAWAL
In accordance with Articles L.221-2 and L.221-28 of the Consumer Code, the right of withdrawal does not apply to the provision of seasonal accommodation, passenger transport, car hire, catering or leisure activities provided on a specific date or during a specific period.
Consequently, no requests for withdrawal will be accepted for services booked via ICIGO. Only cancellation requests made within the time limits specified at the time of booking and on the receipt may, where applicable, result in a full or partial refund of the sums paid.
Outside these timeframes, the Customer is advised to take out cancellation insurance at their own discretion, which may cover cancellation fees or the refund of the service, subject to the terms and conditions of the insurance policy in question.
Etineria will strictly apply the cancellation and/or amendment terms and conditions provided during the booking process and set out on the booking confirmation.
15. PERSONAL INFORMATION AND DATA PROTECTION
The Owner’s Privacy Policy at https://www.icigo.com/privacy-policy forms part of these Terms and Conditions, and you agree that the use of information as described in that Policy does not constitute a breach of your rights of publicity or your rights to privacy.
Please also note Stripe’s and Bookeo’s privacy policies, which can be found at the following links: https://stripe.com/ie/privacy https://www.bookeo.com/privacy/
The Customer has the right to access, rectify and delete their data by contacting [email protected].
16. LIMITATION OF LIABILITY
ETINERIA, THE OWNER OF ICIGO, TOGETHER WITH THEIR LICENSORS, DIRECTORS, TRUSTEES, AGENTS, SUBSIDIARIES, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER COLLECTIVELY REFERRED TO AS ‘THE ETINERIA ENTITIES’) MAKE EVERY EFFORT TO FACILITATE THE PROVISION OF SERVICES BOOKED THROUGH ICIGO, BUT ACT AS INTERMEDIARIES BETWEEN THE CUSTOMER AND THE SERVICE PROVIDERS. THE SERVICE PROVIDERS ARE INDEPENDENT BUSINESSES, AND NOT AGENTS, EMPLOYEES OR REPRESENTATIVES OF THE ETINERIA ENTITIES.
CONSEQUENTLY, THE ETINERIA ENTITIES SHALL NOT BE HELD LIABLE FOR ANY DAMAGE, LOSS, DELAY, CANCELLATION, OVER-BOOKING OR ANY OTHER EVENT RESULTING FROM THE ACTS, OMISSIONS, ERRORS, NEGLIGENCE, FAULTS, STATEMENTS OR CONDUCT OF SERVICE PROVIDERS, NOR FOR THE CONSEQUENCES OF EXTERNAL CIRCUMSTANCES BEYOND THEIR CONTROL (INCLUDING, BUT NOT LIMITED TO, FORCE MAJEURE, STRIKES, ADVERSE WEATHER CONDITIONS, ADMINISTRATIVE DECISIONS, LEGAL RESTRICTIONS, ETC.). THE ETINERIA ENTITIES SHALL NOT BE LIABLE FOR ANY ADDITIONAL EXPENSES, RE-ROUTING, MEASURES IMPOSED BY GOVERNMENT AUTHORITIES, OR DIRECT OR INDIRECT, incidental, special or consequential losses arising from the performance or non-performance of the service by the service provider.
IN ALL CIRCUMSTANCES, THE LIABILITY OF THE ETINERIA ENTITIES IS STRICTLY LIMITED TO THEIR OBLIGATIONS AS INTERMEDIARIES, IN ACCORDANCE WITH THE APPLICABLE LEGAL PROVISIONS OF PUBLIC ORDER. IN PARTICULAR, THEY ARE NOT OBLIGED TO PAY THE CUSTOMER OR ANY THIRD PARTY ANY COMPENSATION OR OTHER REMEDY ARISING FROM THEnon-performance or defective performance of the service by an independent service provider.
In the event of any discrepancy between the French version of the ICIGO website and any other language version, the French version shall prevail.
16.1 LIMITATION OF LIABILITY IN RELATION TO THE CHATBOT
The ICIGO website provides the Customer with an automated assistance tool (‘the Chatbot’), designed to facilitate the search for information, provide guidance and aid understanding of the services on offer. The Chatbot is a purely informative service, generating responses automatically based on the data at its disposal.
The Customer expressly acknowledges that:
- the information provided by the chatbot is for guidance only and may contain errors, time lags or approximate interpretations;
- The chatbot is not a professional adviser, nor is it a source of contractual information, and it does not replace either consultation of the activity descriptions on ICIGO or direct communication with Etineria;
- Only the information displayed on ICIGO’s official pages, together with confirmations sent by email (receipts, invoices, vouchers, specific terms and conditions of sale), are legally binding.
Consequently:
The Etineria Entities shall not be held liable:
- arising from any misinterpretation, misuse or misunderstanding of the responses provided by the chatbot;
- any errors, omissions, inaccuracies or out-of-date information generated by the chatbot;
- any decision, action, failure to act or booking made by the Customer on the basis of the Chatbot’s responses;
- for any direct or indirect damage resulting from the use of the Chatbot, including loss of opportunity, booking errors, incorrect directions, or any financial or material loss.
Etineria would like to remind customers that, before making any booking, they must independently check the information provided on the ICIGO website and in official communications (emails, receipts, vouchers).
In the event of any discrepancy between a response from the chatbot and official information on the website or from Etineria, the latter shall always take precedence.
17. EXCLUSION OF LIABILITY BY THE OWNER AND ITS AFFILIATED COMPANIES
The website owner (Etineria Inc) and its affiliated companies are not parties to the contract. Contractual liability rests solely with Etineria, within the limits set out in these Terms and Conditions.
18. INTELLECTUAL PROPERTY
The content published on ICIGO (text, images, logos, trade marks) is protected. Any unauthorised reproduction is prohibited.
19. INTERPRETATION
The sections and headings in these Terms and Conditions are for guidance only and do not affect the interpretation of these Terms and Conditions in any way.
In these Terms and Conditions, the singular includes the plural and vice versa, and the masculine includes the feminine. Words referring to persons apply to individuals, sole proprietors, partnerships, companies, trusts and unincorporated associations.
20. INDIVISIBILITY AND PARTIAL INVALIDITY
If any provision of the Terms and Conditions is declared invalid by a competent court, the remaining provisions shall remain valid.
21. GOVERNING LAW AND SETTLEMENT OF DISPUTES
These Terms and Conditions are governed by French law. The French courts shall have exclusive jurisdiction. The Customer may refer the matter to a tourism and travel ombudsman (MTV) before taking legal action.
22. ENTIRE AGREEMENT AND NON-WAIVER
These Terms and Conditions, together with any legal documents available on ICIGO, constitute the entire agreement between Etineria and the Customer. The failure of Etineria to exercise any right shall not constitute a waiver of that right.
23. AMENDMENTS TO THE TERMS AND CONDITIONS
Etineria reserves the right to amend or update the Terms and Conditions at any time. The Terms and Conditions in force are those applicable at the time of booking.
24. CONTACT
If you have any questions:
Etineria Tours
The Savannah #48, vessel B
Le Haut du Bourg
97118 Saint-François
Email: [email protected]
25. SPECIFIC PROVISIONS FOR PROFESSIONAL CLIENTS
25.1 No Right of Withdrawal for Business Customers
The legal provisions relating to the right of withdrawal set out in the Consumer Code do not apply to business customers, unless otherwise provided for by law. Business customers are therefore not entitled to the right of withdrawal as provided for consumers.
25.2 Cancellation and Amendment Terms and Conditions
Unless otherwise specified at the time of ordering, the cancellation and amendment terms set out in Article 5 also apply to business customers. However, no special arrangements (cooling-off period, more favourable terms) will be granted to business customers, who are subject to the same rules as consumer customers regarding cancellation, fees and refunds, unless otherwise expressly agreed with Etineria.
25.3 Liability and Warranties
Business Customers acknowledge that they are entering into a contract with Etineria for purposes falling within the scope of their professional activities. Consequently, they may not invoke against Etineria the protective provisions of consumer law reserved for consumers. The extent of Etineria’s liability remains, in any event, limited in accordance with Articles 13 and 14 of these General Terms and Conditions.
25.4 Disputes with Business Clients
In the event of any dispute between Etineria and a business customer, the French courts shall have jurisdiction, without prejudice to any jurisdiction clause or specific agreement between the parties. The provisions relating to mediation in the tourism and travel sector (Article 17) remain applicable; however, business customers do not have the status of ‘consumers’ and may therefore not have the same access to mediation as consumers, in accordance with the rules of the relevant mediator.
25.5 Specific Terms Agreed with the Business Customer
Etineria reserves the right to enter into specific agreements with business customers (framework agreements, preferential rates, specific payment terms). In the event of any conflict between such agreements and these General Terms and Conditions, the provisions of the specific agreements shall prevail.
These General Terms and Conditions, as amended, apply to both consumer customers and business customers, taking into account the differences set out above.