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applicable as of 28/02/2019
These terms and conditions determine all the relations between TRIDEA – SAS (simplified joint-stock company) with share capital of €41 000, whose head office is located at 1 avenue d’Ester, 87280 LIMOGES, registered under n° 831 748 322 (Limoges R.C.S, Trade and companies register) and its customers (“The Customers” or “The Customer”) and visitors of the following websites: https://www.tridea.io https://www.tridea.fr (“The Websites”) and of TRIDEA mobile application (“the Mobile Application”).
TRIDEA is an online travel agency acting as an authorized representative of airlines for the purpose of selling self connecting flights without packages to travelers. As such, TRIDEA is a third party intermediary to the contract between the traveler and the airline, which remains responsible for providing travelers with contractual information related to the trip.
TRIDEA neither is an airline or a tour operator.
Prior to any booking or purchase, the Customer certifies that he or she is a capable adult of at least 18 acting on his or her own behalf and that he or she has fully and carefully read and unreservedly accepted all these terms and conditions before making any purchase or placing any order.
These terms and conditions are legally enforceable in accordance with article 1119 of French Civil code.
TRIDEA and the Customer agree that these terms and conditions exclusively determine their relation. TRIDEA reserves the right to amend to its terms and conditions occasionally and without notice, in accordance with changes made to the Website, the evolution of the laws and legislation, or for any other legitimate reason. They shall be applicable as soon as they will be online.
Should a provision fail to be listed, it would be considered as determined by the prevailing customs and practices of travel agencies whose headquarters are located in France.
|Durable medium:||any instrument allowing travelers or professionals to store information personally addressed to them in a way accessible for future reference for a period of time adequate to the purposes of the information and which allows unchanged reproduction of stored information.|
|Exceptional and unavoidable circumstances:||any situation beyond the control of the party invoking such a situation and whose consequences could not have been avoided even if all the reasonable measures had been taken.|
|Traveler:||any person seeking to enter into a contract falling within the scope of travel services or any person authorized to travel on the basis of such an existing contract.|
|Professional:||any natural or legal person, public or private, acting – including through the intermediary of another person acting in his or her name or on his or her behalf – for the purposes falling within the scope of his or her commercial, industrial, handicraft or self-employed occupation regarding contracts pertaining to travel services, whether he or she is acting as an operator, a retailer, a professional facilitating an interrelated travel service or as a service provider.|
|Partners:||refers to the airlines whose products and services can be accessed via the TRIDEA platform.|
|Route:||refers to the le point of departure and arrival, the stopovers, the mode of transportation, dates and times of the trip|
|Self-connecting:||refers to the opportunity to transfer between flights operated by airlines that do not have any connection agreement.|
1.1. The purpose of these terms and conditions is to define the rights and obligations of the Parties as part of products and services sold online and offered for sale by TRIDEA and its Partners to the Customer via the websites www.tridea.io, www.tridea.fr and the TRIDEA mobile application.
1.2. Customers are advised that these terms and conditions are complemented by the Special Conditions of Partners of TRIDEA, of which they shall be notified before booking confirmation. Prior to any transaction, Customers are encouraged to read carefully these special conditions defining the provisions applicable to the trip (information related to the flight, airports, border control, boarding, trip planning, in-flight services…). Should such information be unavailable, TRIDEA would give the contact details of the Partner to Customers requesting them, so they can be fully aware of the special conditions applicable to their trip.
1.3. In order to use the service provided by TRIDEA, any underage person – whether alone or accompanied by another / other underage person(s) – shall travel with an adult.
1.4. In order to plan and book their trip, persons with reduced mobility shall call the Customer Service of TRIDEA (+33 805 111 963, toll-free number), available Monday through Friday from 9 a.m. to 7 p.m., excluding public holidays.
2.1.1. TRIDEA acts as an intermediary helping the Customer to set a Route and making trip booking easier. The final contract is between the Customer and the Partner in charge of air transportation. The Customer is thus advised that TRIDEA neither is co-operator of the trip nor co-provider of plane tickets and services related to the trip. TRIDEA remains a third party to the contract between the Customer and the Partner.
2.1.2. Prior to every order, Customers are advised of the main features of offered services regarding transportation, contact details of the Partner, unit price of the plane ticket, total ticket price including tax, amount of the intermediary fees of TRIDEA, amount of options and amount of selected insurance options. Information provided by TRIDEA is complemented by information given by the Partner, under the provisions referred to in article 1.2 of these terms and conditions.
2.1.3. Customers are advised that they may – during the trip – be required to produce any proof of identity, residence permit or a health certificate requested by the Partners of TRIDEA and / or local authorities. In this respect, Customers are advised that they are responsible for the veracity of information mentioned in these documents.
2.1.4. Pursuant to laws and legislation applicable in some countries, Customers shall have ID documents expiring at least six months after the date of the return trip. Prior to the order, TRIDEA shall provide Customers with the list of countries where these provisions are applicable.
2.1.5. Customers are advised that all the travelers (adults, persons under 18 and infants) shall have an ID.
2.1.6. Regarding Self-connecting flights, Customers shall arrange checked baggage check-in and collection on their own. They shall be reminded of this information by TRIDEA before placing their order.
2.2.1. Creating an account
22.214.171.124. In order to benefit from services provided by TRIDEA, Customers shall create an account and set a login name and password before placing their first order. Data provided at the time of registration are required to provide such services.
126.96.36.199. Generally, Customers shall complete all the fields sincerely and truly.
188.8.131.52. Use of a TRIDEA account is strictly limited to personal needs of Customers. The latter guarantee TRIDEA that they are the only ones accessing the stored data of the account. To that end, Customers shall protect the confidentiality of their login name and password. TRIDEA shall take no responsibility regarding potential damage resulting from fraudulent use of the account of Customers.
184.108.40.206. Customers commit to immediately advise TRIDEA of any unauthorized use of their account. Should these Terms and Conditions not be respected or in the event of fraud detected by a third party, by legal authorities or by the teams of TRIDEA, the latter reserves the right to suspend or delete the account of the Customer.
2.2.2. The Website and the Mobile Application provide Customers with a search engine to select the features of their trip and the applicable options to set their Route.
2.2.3. After validating these choices, Customers will access a summary page with their selected Route options. Customers will have 10 (ten) minutes to check the details of the order, its total price and to edit possible mistakes prior to confirmation and final approval. In addition, Customers will be encouraged to read carefully and approve these terms and conditions.
2.2.4. Failure to confirm the order within the given time limit shall automatically result in the cancellation of the order.
2.3.1. After confirming the Route summary, the Customer is invited to pay the selected products and services by credit card. TRIDEA does not store the banking information of Customers.
2.3.2. Online provision of the credit card number of the Customer and final confirmation of the order shall constitute proof of the Customer consent regarding the payment of outstanding amounts in relation to the order, signature and express approval of all the transactions carried out.
2.3.3. In the event that Customers detect any fraudulent or incorrect use of their credit card, they shall immediately report it to the online payment service provider, in accordance with the provisions referred to in article L. 133-24 of French monetary and financial code (code monétaire et financier).
2.3.4. Any unauthorized payment transaction shall result in the enforcement of the provisions referred to in article L. 133-18 of this code.
2.3.5. Once Customers have confirmed and paid their order, they will access a confirmation page and TRIDEA will send an email including payment confirmation and order summary to the address provided when creating their account. Customers are encouraged to keep a duplicate of every digital elements related to the order and the transaction.
2.3.6. Prior to the trip, the Partner of TRIDEA shall provide Customers with every required receipts, travel vouchers and tickets, scheduled departure time information and – if necessary – with information regarding check-in deadline, scheduled stopovers, connections and arrival times as well as every other information regarding trip conditions. TRIDEA shall not be liable for Partner failure to send such information.
2.3.7. The log files – stored in the IT systems of TRIDEA and its subcontractors, under reasonable security conditions – shall constitute proof of communication, orders and payments between the parties. Contracts, orders and invoices are archived on a reliable and durable medium that can be used as proof.
3.1.1. Acting as an intermediary, TRIDEA shall pay the Partner for plane tickets and trip options chosen by Customers. Prior to confirmation, Customers shall be provided with full and detailed summary. TRIDEA charges individualized booking fees that shall clearly and transparently appear on the order summarize.
3.2.1. TRIDEA shall neither be liable for air transportation nor for the ticket price set by its Partners. Generally, and subject to the Special Conditions applicable to the trip and provided by the Partner prior to order confirmation, Customers are advised that the trip price may increase or decrease prior to the trip due to variations of:
3.2.2. Customers are encouraged to ask the Partner to provide them with the calculation conditions of the possible price variations regarding products and services that have been ordered.
4.1. 4.1. This selling process is regarded as distance selling subject to the provisions of articles L221-18 and following of French consumer code.
4.2. The Customer is expressly advised that in accordance with the provisions of article L221-28 of French consumer code, the cooling-off period does not apply to online purchase of plane tickets.
4.3. As a consequence, the Customer shall not be entitled to a cooling-off period regarding the services provided by TRIDEA.
5.1. 5.1. The Website and the Application are available 24/7(twenty-four hours a day / seven days a week.
5.2. TRIDEA nevertheless reserves the right to alter, modify or suspend – without notice – access to the Website or the Application for maintenance purposes or any other legitimate reason. TRIDEA may – without notice or compensation – suspend access to the Website or the Application in the event of illicit or fraudulent use of its services.
5.3. Unavailability of the Website or the Application shall not entitle the Customer to any compensation.
5.4. In the event that either the Website or the Application is unavailable, Customers shall be informed by any appropriate means, including a message on the homepage of the Website or an email.
6.1. Following the order, Customers may want or need to modify or cancel their trip. Any request to this end shall be made directly to the Partner in charge of transportation and whose contact details have been given to the Customer at the time of the order.
6.2. Customers shall note that airlines may apply penalty fees and /or change the trip price depending on the order cancellation or modification date. Customers are encouraged to read carefully the Special Conditions relating to cancellation or change of tickets they have been provided with as part of the ordering process.
Booking fees referred to in article 3.1.1 shall not be refunded.
7.1.1. TRIDEA assists travelers by allowing them to choose their connections in a given airport and between several Partner airlines (self-connecting). The inherent contingencies of air transportation conditions may cause the first flight of the Customer to be delayed for reasons beyond his or her control, in such a way that he or she is unable to board his or her connecting flight (No-show).
7.1.2. In that event, Customers of TRIDEA may benefit from a contractual warranty allowing them to be eligible for a refund of the second ticket or a partial payment of possible cancellation fees charged by the Partner in the event of no-show.
7.1.3. Under no circumstances shall TRIDEA contractual warranty replace the insurance taken out by Customers, whether with their regular insurance company or directly with the Partner in charge of air transportation.
7.2.1. The Customer may implement TRIDEA warranty under the following cumulative conditions:
7.2.2. TRIDEA shall ask the Customer to produce any supporting document or proof assessing the veracity of aforementioned conditions, including proof that the Service Provider denied the Customer boarding because he or she was late. It shall be noted that failure to board shall only and directly be imputable to the delay of the first flight and not to the Customer. The Customer shall prove the causal link between the delay of the first flight and his or her failure to board the second flight.
7.3.1. If the provisions referred to in article 7.2 of these terms and conditions are met, TRIDEA commits to pay for 50% of a replacement plane ticket for the same trip and under the same conditions than the cancelled ticket. Such payment applies only to the plane ticket and excludes the overall service provided.
7.3.2. In the event that the Customer is unable to board the second flight, he or she shall notify TRIDEA by telephone less than sixty (60) minutes after original departure time. After that period, it shall be impossible to implement this Warranty.
7.3.3. TRIDEA shall find a new flight to Customers. If the new scheduled flight requires Customers to make an overnight stop, TRIDEA commits to find and pay for one night in a 2-star hotel or equivalent. Customers are advised that TRIDEA shall be their only interlocutor and that – in accordance with this warranty – the Partner shall not be able to offer a new flight or an overnight stay in a hotel. In the event that Customers change their ticket or book a night in a hotel on their own, they shall consequently not be eligible for a payment as part of this warranty.
7.3.4. This warranty does not include handling of checked baggage and / or cabin baggage. The Customer shall remain the only person in charge of their handling during the trip. TRIDEA shall be liable for any lost baggage.
7.3.5. Should the first flight be cancelled and prevent Customers from reaching their destination, TRIDEA commits to pay the financial difference between the refund issued by the Partners and the amount charged for the booking of tickets at the time of the order, upon presentation of supporting documents.
7.4. This warranty is excluded i) in the event of exceptional circumstances that resulted in the delay or the cancellation of the flights, ii) in the event of a flight cancelled due to a legal status change of the Partner, including compulsory liquidation or iii) in the event of connections between two flights operated by the same airline.
8.1. TRIDEA only grants Visitors / Customers a right to access and use the Website and the Application, excluding any authorization to reproduce designs and creations, regardless of their legal nature and status (source code, pictures, sounds, graphics, audiovisual sequences, mobile applications and others).
8.2. Re-use of TRIDEA logo, graphics and semi figurative trademark shall be subject to prior request to the commercial support of TRIDEA.
8.3. Visitors / Customers are advised that all the content of the Website and the Application is protected by intellectual property laws. As a consequence, they shall refrain from reproducing designs and creations, in whole or in part, permanently or temporarily, via any method, known or unknown, on any medium, including but not limited to any website, intranet network, messaging service, removable medium, decentralized peer-to-peer exchange network, weekly newspapers, magazines, journals, catalogs, brochures, booklets, leaflets, prospectus, user manuals, mass mailing, advertising or promotional kits and materials including press kits and training materials, notices, small posters, posters, cards, signs, boards, packaging for any product, as well as publications and books of all kinds. Failure to comply shall expose them to civil and criminal penalties for counterfeiting.
8.4. This interdiction also applies to any reproduction or circulation on electronic devices and media, including through web-based, mobile telephony, ADSL, terrestrial, cable or satellite networks as well as on personal mobile devices such as digital music players, phones and touchscreen tablets.
9.1.1. Personal data collected via the Website and the Application are the following:
9.2.1. Personal data of Customers are collected in order to provide them with the services of the Website and the Application, to improve these services and to maintain a secure environment.
9.2.2. More specifically, uses are the following:
9.3.1. Personal data may be shared with third party companies in the following cases:
9.4.1. TRIDEA implements organizational, technical, software and physical measures in terms of digital security, in order to protect personal data from corruption, alteration, destruction and unauthorized access. It shall however be noted that the Internet is not a fully secure environment and that TRIDEA cannot guarantee secure transmission and storing of data on the Internet.
9.5.1. In accordance with the rules and regulations applicable to personal data, Customers have the following rights:
9.5.2. As part of the use of the Website and Application – and for their requests to be processed in the best possible way, Customers commit to provide only complete, accurate and up to date information. In the event that Customers fail to comply with their obligation, TRIDEA shall reserve the right to suspend their access to the Website or to the Application.
10.1.1. In the event that one or several provisions of these terms and conditions are considered to be invalid or declared as such in accordance with laws, regulations or following the final ruling of a competent court, the other provisions shall remain in force to their full extent.
10.2.1. Failure of one of the parties to invoke a breach by the other party of any obligation referred to in these terms and conditions shall not be construed as a waiver of this obligation in the future.
10.3.1. The parties commit to try and find an amicable settlement to any dispute between them, prior to any legal action.
10.3.2. Customers are advised that – in the event of a dispute resulting from these terms and conditions – article L.152-1 of French consumer Code allows them to turn to a consumer mediator.
10.3.3. The list of consumer mediators is available at the following web address: http://www.economie.gouv.fr/mediation-conso.
10.3.4. Customers may also submit a complaint to the consumer mediator of the Tourism and Travel industry, at their own discretion: Médiateur Tourisme Voyage: M. Jean-Pierre TEYSSIE – MTV Mediation Tourisme Voyage, BP 80303, 75823 PARIS CEDEX 17; Website: http://wwwmtv.traveil.
10.3.5. Customers are advised that they shall only refer to a mediator after an attempt of direct settlement of the dispute, by submitting a written complaint to TRIDEA.
10.4.1. The parties agree to enforce French law for any dispute that may result from the interpretation or the enforcement of these terms and conditions. The parties shall submit their dispute to the exclusive jurisdiction of French courts.
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