Terms and Conditions
Article 1 – Contract
These general terms and conditions of sale state the reciprocal rights and obligations between Brendan Hart, on the one hand, and the client, on the other.
The general terms and conditions of sale constitute a contract approved by both parties upon written order confirmation sent by the client (see Article 4).
Article 2 – Services
Brendan Hart agrees to provide the service(s) ordered under the conditions agreed upon with the client: tour route and content, dates, times, meeting points, end location, price.
The services offered include guided tours.
Article 3 – Prices
Prices shown on advertising materials are provided for information only. The final price is agreed with the client after customization of the service. It is calculated in euros and before tax, and appears on the order confirmation quote and the final invoice; VAT not applicable, art. 293B of the French General Tax Code.
Article 4 – Order Confirmation and Online Booking
A written order confirmation is required from the client for any service, in the form of a free quote including the client’s contact details, those of the group leader present during the visit, the dates, times and content of the visit, and the total price.
The order confirmation becomes final only when the written, dated, and signed document is sent together with the required deposit.
For reservations made exclusively online, a booking on the website saintmaloguidedtours.com is recorded when the Client accepts these General Terms and Conditions by ticking the appropriate box and validating the reservation. The Client may check the details of the reservation, its total price, and correct any errors before confirming acceptance (Article 1127-2 of the Civil Code). This validation implies acceptance of all the present General Terms and Conditions of Sale and constitutes proof of the sales contract. It is therefore the Client’s responsibility to check the accuracy of the reservation and to report any errors immediately.
The sale of Services is considered final only after the Client receives email confirmation accepting the reservation, and after full payment has been received. Any reservation made on the website saintmaloguidedtours.com constitutes the formation of a distance contract between the Client and the Provider.
Brendan Hart reserves the right to cancel or refuse any reservation from a Client with whom there is an existing dispute regarding payment of a previous booking.
Article 5 – Deposit
A deposit of 20% of the total amount due is required for each service. Receipt of this deposit serves as definitive confirmation of the order placed by the client.
The deposit must be paid no later than 15 calendar days before the service date. The client may choose to pay the full amount at the time of ordering.
Article 6 – Payment
Payment for the service may be made:
– In cash,
– By cheque,
– By bank transfer (bank details provided with the quote),
– By bank card via redirect from saintmaloguidedtours.com through Sumup
In accordance with the law, the full amount of an invoice must be paid within 30 calendar days following the service date.
Article 7 – Late Payment
If an invoice is not paid in full within 30 calendar days following its issue date, a penalty of 15% of the total invoice amount will be charged to the client without any reminder being issued.
Any amount not paid by the due date will also automatically incur a fixed recovery fee of €45 (forty-five euros) (Articles 441-6, paragraph I-12, and D.441-5 of the French Commercial Code).
Article 8 – Termination Clause
If the deposit is not paid within the allotted time, Brendan Hart reserves the right to cancel the service. If an invoice is not paid within 45 calendar days following the service date, Brendan Hart may claim damages.
Article 9 – Modification of Services
A modification of the initially planned service may be requested by the client. It will be subject to a new quote that must be approved by the client. Late modifications will not result in a new quote; email exchanges will have legal value in case of dispute.
Modifications will be made within the limits of the provider’s availability.
Article 10 – Transfer of Services
A service may be transferred to a third party if Brendan Hart is informed before the service date.
Article 11 – Cancellation of Services
If the client cancels the service more than 7 days before the appointed date of the service, there is no charge and the 20% deposit is refunded. The 20% deposit is not refunded in the event of cancellation by the client within the 7 (seven) days preceding the service.
If the service is cancelled by the client less than 48 hours before the appointed time of the service, 50% of the bill is owed. If the service is cancelled by the client less than 24 hours before the appointed time, 100% of the bill is owed.
These cancellation conditions apply except in cases of force majeure.
Brendan Hart agrees to refund the deposit paid in case of cancellation on his part.
Article 12 – Punctuality
Both parties agree to arrive at the meeting point indicated in the order confirmation 10 (ten) minutes before the start of the visit, and to notify quickly in case of delay or last-minute change.
Brendan Hart cannot be held responsible for any reduction in the duration of the service caused by the client’s lateness.
Article 13 – Force Majeure
In accordance with Article 1148 of the Civil Code, Brendan Hart cannot be held responsible for events beyond his control (weather conditions, changes to the service due to unforeseen circumstances, unexpected closure of a site visited, group comfort conditions, lack of parking spaces, accident, terrorist act, etc.).
Article 14 – Liability
Brendan Hart cannot be held responsible for damage or deterioration caused by the client or their group during the service (museum works and premises, elements of an architectural site, damage caused to a third party, damage caused to oneself, etc.).
Civil liability of the parties may be engaged.