Audio Guide Rental

Article 1 – Identification of the Service Provider

These General Terms and Conditions of Sale (hereinafter the “Terms and Conditions”) govern the contractual relationship between:

Lucas Thibault, Sole Proprietor (EI)
Trading as: Résonances
SIREN: 931 148 837
SIRET: 931 148 837 00012
Business address: 8 rue Malbec, 33800 Bordeaux, France
E-mail: resonances.audio@gmail.com
Telephone: +33 6 65 33 53 64

Hereinafter referred to as the “Service Provider”,

and any individual or legal entity placing an order or booking equipment from the Service Provider, hereinafter referred to as the “Client”.

These Terms and Conditions apply to all services offered by the Service Provider, including the rental of audio guide systems, receivers, transmitters, headsets and related accessories.

Article 2 – Purpose and Nature of the Services

The Service Provider offers rental of audio guide equipment intended in particular for guided tours, cultural tours, seminars, conferences, training sessions, professional events and other group activities.

The service includes only the equipment and services expressly specified in the quotation, order or booking.

Any additional service not initially provided for may be subject to additional charges following prior notification to the Client.

Article 3 – Acceptance of the Terms and Conditions

Any order or booking constitutes full and unconditional acceptance of these Terms and Conditions.

The Client acknowledges having read these Terms and Conditions before confirming the order and having received all information necessary to make an informed commitment.

Confirmation of the order constitutes acceptance of these Terms and Conditions.

The Service Provider reserves the right to amend these Terms and Conditions at any time. The applicable Terms and Conditions are those accepted by the Client at the time of booking.

Article 4 – Orders and Bookings

Orders and bookings may be made online through the Service Provider’s website, by e-mail or by any other means offered by the Service Provider.

Before confirming the order, the Client is invited to verify the information relating to the booking, including:

the date of the service;

the scheduled times;

the delivery and collection location;

the number of participants and equipment required;

the services selected;

the estimated total amount of the order.

The booking becomes final upon confirmation by the Service Provider.

The Service Provider reserves the right to refuse an order in the event of equipment unavailability, a request that exceeds its available capacity, or any previous incident involving non-payment or failure to return equipment.

Article 5 – Prices

The applicable prices are those displayed on the Service Provider’s website or stated in the quotation sent to the Client.

Prices are stated in euros, including all applicable taxes (VAT included).

The Service Provider reserves the right to modify its prices at any time. The price applicable to an order is the price accepted by the Client at the time of booking.

Any delivery, travel, waiting or additional service fees will be specified before being charged when they are not included in the initial price.

Article 6 – Payment Terms

Payment for the service is made after completion of the service, in accordance with the payment terms specified by the Service Provider.

Following completion of the service, the Service Provider will issue the Client with an invoice corresponding to the services actually provided and any applicable additional charges.

Payment may be made by bank transfer, credit or debit card through a secure payment service, or by any other payment method accepted by the Service Provider.

Unless otherwise agreed between the parties, invoices are payable upon receipt.

Article 7 – Delivery and Provision of Equipment

The delivery arrangements, times and locations for the equipment are those specified at the time of booking or otherwise agreed between the parties.

The Client must be present, or arrange for an authorized representative to be present, at the agreed location and time to receive the equipment.

Upon delivery of the equipment, the Client must check its apparent condition and the quantity of equipment provided.

Any apparent defect or discrepancy must be reported to the Service Provider immediately.

In the absence of any reservation or complaint made at the time of delivery, the equipment shall be deemed to have been delivered in good apparent condition and in the quantity corresponding to the order, subject to defects that could not reasonably have been detected upon delivery.

Article 8 – Client Delays

The Client must comply with the agreed times for the delivery and collection of the equipment.

In the event of a delay, the Client must notify the Service Provider as soon as possible.

The Service Provider allows a 20-minute waiting period.

Beyond this period, and subject to availability, the Service Provider may maintain the service subject to an additional charge of €1 per minute of waiting, starting from the 21st minute.

Where the delay makes it impossible to provide the service or jeopardizes the Service Provider’s other commitments, the Service Provider may cancel the service or shorten the period during which the equipment is made available.

In such cases, where the cancellation or interruption results from the Client’s delay, the Client shall not be entitled to any refund or compensation, subject to applicable legal provisions.

Article 9 – Use and Custody of the Equipment

The equipment remains the exclusive property of the Service Provider.

The Client is granted only a temporary right to use the equipment during the rental period.

The Client undertakes to:

use the equipment in accordance with its intended purpose;

take all necessary precautions to prevent loss, theft or damage;

not transfer, sublet or lend the equipment to any third party without the prior consent of the Service Provider;

not modify, dismantle or repair the equipment;

comply with the operating instructions provided by the Service Provider.

The Client is responsible for the equipment from the time it is handed over until it is effectively returned to the Service Provider.

Where the equipment is entrusted to a legal entity, that entity remains responsible for the equipment throughout the entire period during which it is made available, including when the equipment is used by its employees, collaborators, participants or service providers.

Article 10 – Loss, Theft and Damage

In the event of loss, theft, destruction or damage to the equipment attributable to the Client, the Client may be required to reimburse the Service Provider for the reasonable costs necessary to repair or replace the equipment.

The amount may be determined in particular according to the replacement value of the equipment on the date of the incident, its condition and its age.

Missing accessories, including headsets, cables, chargers or other items supplied with the equipment, may also be charged.

The Client must immediately notify the Service Provider of any loss, theft or damage.

In the event of theft, the Client may be required to provide a copy of the police report.

Article 11 – Return of Equipment

The equipment must be returned on the date, at the time and at the location agreed upon at the time of booking.

In the event that the equipment is not returned by the agreed deadline, and unless otherwise agreed by the Service Provider, a late-return fee may be charged based on the applicable daily rental rate for the equipment concerned for each additional day the equipment is retained.

Such charges shall not prevent the Service Provider from seeking compensation for any additional loss or damage actually suffered.

Article 12 – Cancellation by the Client

Any cancellation request must be submitted in writing to the Service Provider’s e-mail address indicated on the website or in the quotation.

Unless otherwise specified in the quotation or contract, the following conditions shall apply:

Cancellation received at least 5 calendar days before the scheduled date of the service:
No cancellation fee will be charged to the Client.

Cancellation received between 3 and 5 calendar days before the scheduled date of the service:
A cancellation fee corresponding to 50% of the amount of the booked service may be charged to the Client.

Cancellation received less than 48 hours before the scheduled date of the service:
A cancellation fee corresponding to 100% of the amount of the booked service may be charged to the Client.

Any cancellation fees will be invoiced to the Client.

Specific cancellation terms may be modified in the quotation or contract accepted by the Client.

Article 13 – Right of Withdrawal

Where the Client is a consumer and the contract is concluded remotely, the Client is, in principle, entitled to a statutory withdrawal period of fourteen (14) days in accordance with the provisions of the French Consumer Code.

However, pursuant to Article L.221-28 of the French Consumer Code, the right of withdrawal may notably not apply to certain services relating to leisure activities that must be provided on a specific date or during a specific period.

Where the statutory exception applies to the booked service, the Client will be informed before the conclusion of the contract.

Where the right of withdrawal remains applicable, it may be exercised in accordance with the procedures provided for by the French Consumer Code.

Article 14 – Cancellation by the Service Provider

In the event that the service is cancelled by Lucas Thibault EI for a reason attributable to the Service Provider and outside cases of force majeure, the Client will be informed as soon as possible.

Any amounts actually paid for the cancelled service will be refunded to the Client, unless otherwise agreed between the parties.

Article 15 – Force Majeure

Neither party shall be held liable for any failure to perform its contractual obligations where such failure results from an event of force majeure within the meaning of Article 1218 of the French Civil Code.

Events that may constitute force majeure, provided that they meet the applicable legal requirements, include natural disasters, fires, floods, exceptional weather events, administrative decisions, large-scale social movements, wars, epidemics, major failures of telecommunications or electricity networks, or any other event reasonably beyond the control of the affected party.

The party prevented from performing its obligations shall inform the other party as soon as possible.

If the impediment becomes permanent or continues for a period sufficient to make performance of the service impossible, either party may terminate the contract in accordance with applicable law.

Article 16 – Liability

The Service Provider undertakes to exercise reasonable care necessary for the proper performance of its services.

The Service Provider shall not be held liable for damage resulting from:

• improper or non-compliant use of the equipment;

• any fault or negligence on the part of the Client or any third party under the Client’s responsibility;

• an event of force majeure;

• an interruption or failure of a network or third-party service independent of the Service Provider.

The Client remains responsible for any damage caused to the equipment during the period in which it is under the Client’s custody.

Nothing in these Terms and Conditions shall have the effect of limiting or excluding any liability that cannot legally be limited or excluded.

Article 17 – Personal Data

In the course of its business, Lucas Thibault EI may collect and process personal data relating to its Clients.

Such data may be used in particular to:

• process orders and bookings;

• arrange delivery and collection of equipment;

• issue invoices;

• communicate with the Client;

• manage the administrative and commercial aspects of the contractual relationship.

Personal data is processed in accordance with applicable regulations, including the General Data Protection Regulation (GDPR) and the amended French Data Protection Act (Loi Informatique et Libertés).

Subject to the conditions provided for by applicable regulations, the Client has rights of access, rectification, erasure, restriction of processing, objection and, where applicable, data portability.

Any request may be sent to the Service Provider’s e-mail address indicated on the website.

Detailed information concerning the processing of personal data is provided in the website’s Privacy Policy.

Article 18 – Intellectual Property

The elements appearing on the Service Provider’s website, including texts, photographs, logos, graphics, trademarks, visual elements and other content, are protected by intellectual property laws.

Any unauthorized reproduction, representation, modification or use of such elements is prohibited, unless prior authorization has been obtained from the rights holder.

Article 19 – Complaints and Amicable Resolution

Any complaint relating to a service should be addressed to the Service Provider as soon as possible and, where possible, during or immediately following the service concerned.

The Service Provider undertakes to consider any complaint in good faith and to provide a response within a reasonable period.

In the event of a dispute, the parties shall first endeavor to reach an amicable resolution before initiating legal proceedings.

Where the Client is a consumer, the Client retains the right to refer the matter to a consumer mediator under the conditions provided for by applicable regulations.

Article 20 – Consumer Mediation

Where the Client is a consumer, the Client is informed that, after first submitting a written complaint to the Service Provider and in the absence of an amicable resolution, the Client may, under the conditions provided for by the French Consumer Code, refer the matter free of charge to a competent consumer mediator.

The contact details and procedures for referring a matter to the competent mediator will be provided to the Client and displayed on the website in accordance with applicable legal requirements.

Article 21 – Governing Law

These Terms and Conditions are governed by French law.

Article 22 – Dispute Resolution and Jurisdiction

In the event of a dispute, the parties shall first endeavor to reach an amicable resolution.

Where the Client is a consumer, the statutory rules governing territorial jurisdiction applicable to the Client shall remain fully applicable.

Where the Client is a professional and in the absence of an amicable resolution, any dispute relating to the formation, interpretation, performance or termination of the contractual relationship shall be submitted to the competent courts of Bordeaux, subject to any mandatory jurisdiction rules that may apply.

Article 23 – General Provisions

If any provision of these Terms and Conditions is declared null, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

The failure of the Service Provider to rely on any provision of these Terms and Conditions at any given time shall not be construed as a waiver of its right to rely on such provision at a later date.

These Terms and Conditions constitute the entire agreement between the parties concerning their subject matter, subject to any specific terms set out in the quotation or contract accepted by the Client.

In the event of any conflict between these Terms and Conditions and specific terms expressly accepted by the parties, the specific terms shall prevail.

Terms and Conditions of Sale

resonances.audio@gmail.com

+33 6 65 33 53 64

N°Siret : 931 148 837 00012 / Lucas Thibault