General Terms and Conditions (GTC) of SAS Foxtrail France

Preamble

In cooperation with various partners, SAS Foxtrail France offers a number of unaccompanied trails in various regions of France. These are permanently installed walking trails, called “ Foxtrails” (referred to throughout this document as “Foxtrail” or “trail”). These Foxtrails consist of an invisible track and various stations. These stations involve a game, a device and/or a description – solving these will reveal the way to the next station. If a solution cannot be found within a few minutes an SMS helpline is available to provide assistance.

These GTC govern the contractual rights and duties between SAS Foxtrail France and the participants in a Foxtrail.

1.1 PROVIDER

The company SAS Foxtrail France with its registered office in Montrouge (referred to throughout as “Foxtrail France” or “provider”). The provider cooperates with selected partners ( referred to throughout as: “partner businesses”)  in order to be able to offer the Foxtrail as a complete package.

1.2 PARTICIPANTS

The participants ( referred to throughout as: “participants” or “customers”) are classified as individuals or groups:

  • “Individuals” are smaller groups of between two and 18 persons who follow a trail on foot and public transport.
  •  “Groups” are larger groups of 19 persons or more who follow a trail only on foot and public transport.

In the case of more than six persons per booking, the participants are split up into teams of two to six persons (hereinafter referred to as “teams”).


2.1 OFFERING

Foxtrail France offers its services online on its website.

2.2 BOOKING

2.2.1      Individuals

By clicking the “Buy” button, individuals make a binding offer to purchase one or more Foxtrail tickets. The contract with an individual is effective when Foxtrail France sends an e-mail with a confirmation of reservation and the start documents.

2.2.2      Groups

Groups request a non-binding offer from Foxtrail France for the sale of Foxtrail tickets by telephone or e- mail. The contract applies when Foxtrail France sends an e-mail with the order confirmation.

2.2.3      Acknowledgement of the terms of contract

By booking a Foxtrail, all participants unconditionally acknowledge the prices shown online (individuals) or the prices listed in the offer including the event management fee (groups) and these GTC.

2.3 PAYMENT

Individuals pay for the Foxtrail ticket on the foxtrail.fr website. Bought tickets can’t be reimbursed even if the number of participants was to be less than planned on the day of the trail.
For group bookings, Foxtrail France will send an invoice for the total amount by post.
If a payment owing has to be claimed through legal action (default summons) despite due reminder, the participant will be charged an additional free of 100€ as compensation for the costs incurred by Foxtrail France.


3.1 INDIVIDUALS

3.1.1      No cancellation

Bookings may not be cancelled but only amended or postponed. In the event of participants being unable to take part, individuals must inform the provider immediately, no later than on the scheduled start date.
In the event of inability to take part, Foxtrail France will issue a voucher (with an invoice) which can be redeemed at a later date. Apéros booked, but not completed, will likewise be invoiced in full but without a voucher entitling services at a later date. A processing fee of 10€ will be charged for issuing the voucher as well as a shipment fee of 5€.

3.1.2      Changing a booking

The number of participants can be increased to a maximum of six participants or reduced to a minimum of two participants using a weblink given in the booking confirmation.
The participants can switch free of charge to a different trail or to a different time on the same day. Changes are made by phone call to Foxtrail France.

3.1.3      Change of start date

Up to the start time, a booking without an apéro at the end can be postponed to another day with vacant start times. A booking with an apéro at the end can be postponed to another day with vacant start times no later than 24 hours prior to the booked start time.
If the participants already know the new date, Foxtrail France can change the booking free of charge. If the new date is not yet known, Foxtrail France will send the participants a voucher (with an invoice) which can be redeemed at a later date. A processing fee of 10€ will be charged for issuing the voucher and a shipment fee of 5€.

3.2 GROUPS

3.2.1      No cancellation

Bookings may not be cancelled but only amended or postponed.

3.2.2      Changing a booking

The number of participants can be reduced by no more than ten percent between booking and eight days prior to the start date booked. If the number of participants is reduced by more than ten percent, Foxtrail France will invoice 90 percent of the initial order amount. In the event of the number of participants being reduced seven days or less prior to the start date, 100 percent of the initial order will be invoiced.

3.2.3      Change of start date

A booking may be changed to a different date with vacant start times; a processing fee of 200€ will be charged.
If participation by the group cannot be postponed to an alternative date, the full amount of the order will be charged.


4.1 OWN SERVICES

The Foxtrails include various services. The trails are continuously improved; for this reason, there might be slight changes from one booking to the next. Foxtrail France retains the right to alter the services presented on the website also at short notice.
The provider’s catalogue of services includes the following services:

  • use of the booked Foxtrails
  • reservation and information services
  • use of the helpline
  • services required by the game, such as
    – use of the specified means of transport (train, bus, mountain railway, boat, taxis, etc.)
    – equipment rental (bob run, carriage, etc.)
    – admission fees (museums, castles, etc.) and
    – snacks and surprises
  • optional services (apéro at the end).

The catalogue of services listed in the confirmation of reservation and/or order will be exclusively decisive for the specific scope of service by the provider.

4.2 THIRD-PARTY SERVICES

Foxtrail France also puts clients in touch with restaurants for meals before and after the Foxtrails. Catering services offered by these restaurants are hereinafter referred to as “third-party services”.
The third-party services are rendered and invoiced by these partner restaurants. The respective service providers are exclusively responsible for the availability, the quality and the safety of such third-party services.


The Foxtrails are outdoors and the stations are publicly accessible.
On account of these circumstances, it is possible, despite regular checks and maintenance of every trail, that individual stations are not (or not fully) operational for a short period of time. In such a case, the participants do not have any warranty claims against Foxtrail France.
The exclusion of warranty also applies for the non-availability of guidance, instructions or other information.


6.1 REQUIREMENTS FOR PARTICIPANTS

Participants should be able to complete a walk on footpaths and orientate themselves in the countryside. This requires an average sense of direction. No local or regional knowledge is required.
A minimum age of eight years is recommended. For school classes, there is a recommendation for participation from CE2.
Children may only participate if accompanied by parents or a supervisor who must be at least 16 years of age. Each team must include at least one person over 16 years of age.

6.2 EQUIPMENT NEEDED BY THE PARTICIPANTS

The following equipment is needed to be able to use a Foxtrail:

  • at least one mobile phone capable of receiving and making calls per team; all call and usage charges are borne by the participants.
  • leisure clothing and good shoes suitable for completing the trail under the prevailing weather conditions.

Only those Foxtrails specifically marked on the website as barrier-free are suitable for participants with prams/pushchairs and/or wheelchairs.


Participants complete the Foxtrails at their own risk. It is up to each individual participant to take out insurance. This also applies particularly to the barrier-free Foxtrails.
Foxtrail France does not accept any liability for direct or indirect personal injuries or damage to property incurred  as a result of using a Foxtrail and the individual stations on a trail.
This exclusion of liability also applies in the event of unlawful intent and gross negligence on the part of a Foxtrail employee. The only exceptions to this are in the event of unlawful intent and gross negligence on the part of the provider itself.
Foxtrail France will not be held liable for third-party services by partner businesses.


For the purpose of booking a Foxtrail, data is collected, stored and processed in accordance with the provisions of the law.
When visiting Foxtrail France’s website, the following data is logged: the IP address used by the mobile phone, tablet computer, PC or similar device, the time and date, the type of browser and the operating system used by the device and the pages visited. This does not, however, permit any links to be made to personal data and none are intended. Where statutory retention periods have to be observed, the storage period for specific data can be up to ten years.
Personal data such as the data communicated when placing an order or by e-mail (e.g. name and contact details) are only used for correspondence with the customer and processed only for the purpose for which the data was provided. Personal data will only be passed on to third parties where necessary to fulfil the business purpose. Personal data may also be passed on where there is a legal obligation to do so or the customer has explicitly consented.
Any services provided by third parties that are used for processing and handling purposes will be subject to the provisions of data protection legislation. The customer consents to the data of all participants being passed on to helpline staff and the partner businesses involved for the purposes of handing queries and dealing with emergencies.


By placing a booking, the customer consents to the provider e-mailing him/her an electronic newsletter (“opt-in”). This newsletter can be cancelled at any time and free of charge by clicking on the weblink contained in every e-mail sent out (“unsubscribe link”).
In the newsletter, Foxtrail France refers exclusively to its own offers and additionally provides information and suggestions on how to spend leisure time.


The copyrights and all other rights to the Foxtrails, start documents, plans, images, texts and other materials from Foxtrail France remain the property of the provider in every case.
Any kind of copying, duplication, passing on or publication of the Foxtrail idea, the start documents and/or other products by Foxtrail France, whether in electronic or non-electronic form, is forbidden and will be prosecuted under civil and/or criminal law.


11.1 SEVERABILITY CLAUSE AND COMPLETENESS

Should any provision of the agreement between Foxtrail France and its customers be or become invalid, this will not affect the validity of the remaining provisions. The contractual parties will replace the invalid provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. This provision will apply mutatis mutandis to any loopholes in the agreement.
The confirmation of reservation/order and these GTC together with the answers to the “Frequently Asked Questions” (FAQ) on Foxtrail France’s website constitute the entire legal agreement between the provider and the customer. There are no collateral agreements.

11.2 AMENDMENTS TO THE GTC

Foxtrail France retains the right to amend these GTC as necessary at any time and without prior notice. The version available on the website as of the time of conclusion of the contract shall apply.

11.3 PLACE OF JURISDICTION AND APPLICABLE LAW

The contractual relationship between the provider and customers is subject to French law. The exclusive place of jurisdiction for any disputes arising therefrom is the registered office of Foxtrail France in Paris.

Date: March 2019