1 / Legal Information

 

1.1. Website www.martiniquetravelconsulting.com

 

1.2. Editor : The company is represented by Karen Couturier, Director. (Company Registration Number (« SIRET ») : 822 144 093 00017, located in Le Robert - Martinique (97231).

 

• Email adress : karen.couturier@martiniquetravelconsulting.com

 

1.3. Conception and realization :

 

Cake Folio
Raphael Giordan

raphaele@cakefolio.net

 

1.4. Website’s hosting company 

SAS OVH - http://www.ovh.com

2 rue Kellermann

BP 80157

59100 Roubaix

support@ovh.com

 

2 /  Site’s content : All the texts, comments and photographs used on the website www.martiniquetravelconsulting.com are copyrighted or protected by the legal systems in force. For any use or reproduction of any of them, permission must be sought directly from the author or copyright holders. 

 

3 / Data Collection:

Data collected by the questionnaire « Travel preferences form » will be used solely by the editor in order to adapt its commercials offer in the clients' best interest only. The editor commits itself not to give, rent or sell any of those information to any third party.

 

In accordance with the provisions of French law no.78-17 dated 6 January 1978 relating to the data processing, to the files and to the liberties, You are entitled to access, make corrections or delete data by emailing the editor karen.couturier@martiniquetravelconsulting.com

 

The information collected will be saved in the clients’ file of the editor, and filed with the CNIL. 

 

4 / Site’s management : 

To ensure proper management of the site, the editor may at any time suspend, interrupt or limit all or part of the website, without notice.

 

5 / Terms and conditions of sale

services available through martiniquetravelconsulting.com website (hereafter "MARTINIQUE TRAVEL CONSULTING" or "We").

 

By clicking the “I AGREE” button that follows these Services Terms and Conditions, you acknowledge and agree as follows:

 

5.1. General

You shall use the services available through MARTINIQUE TRAVEL CONSULTING in strict compliance with these Terms and Conditions and all other applicable laws, rules and regulations.

 

5.2.  Product and Service Descriptions

MARTINIQUE TRAVEL CONSULTING provides personal recommendations for hotels, transport, outdoor or indoor activities, events, restaurants and spas, etc.

 

Several packages are offered for sale by MARTINIQUE TRAVEL CONSULTING to its customers. Each package includes personal recommendations with a service level described in the package description available on the website

 

It is of the utmost importance to note that MARTINIQUE TRAVEL CONSULTING does not provide any booking services for any of the above products and services and does not currently proceed to any booking for its customers. 

 

As a consequence, MARTINIQUE TRAVEL CONSULTING is solely and information provider and the client is frequently reminded that the effective booking is of its sole responsibility. In the event that a product or service is not available or fully booked, MARTINIQUE TRAVEL CONSULTING shall make its best effort to provide an alternate recommendation of equivalent level to its customers.

 

While MARTINIQUE TRAVEL CONSULTING attempts to provide accurate descriptions of travel services. MARTINIQUE TRAVEL CONSULTING does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. 

 

MARTINIQUE TRAVEL CONSULTING does not represent any external booking website or platform. All emails between customers and MARTINIQUE TRAVEL CONSULTING employees will be captured and saved.

 

5.3. Pricing Information

MARTINIQUE TRAVEL CONSULTING strives to provide accurate pricing information regarding the products and services recommended through its service. We cannot, however, guarantee that the prices will be the same as those displayed in our recommendations after we have provided you the travel plan document.

 

5.4. Payment

You agree to pay to MARTINIQUE TRAVEL CONSULTING the fees, costs, expenses and other charges specified above (collectively, the “Charges”). 

 

You acknowledge and agree that the Charges will be billed to your payment card, or that you will pay the Charges using another payment method approved by MARTINIQUE TRAVEL CONSULTING.

 

5.5. Insurance

Given the nature of travel services, we recommend that you obtain independent insurance to provide adequate cover for medical expenses, personal accident, loss of baggage and curtailment or cancellation of trip.

 

5.6. Ownership of Travel Planning Itineraries

You agree that all itineraries provided through MARTINIQUE TRAVEL CONSULTING are solely owned by MARTINIQUE TRAVEL CONSULTING, and you shall not use the content for any purposes other than for your own planning purposes. 

 

MARTINIQUE TRAVEL CONSULTING shall be permitted to re-use the content provided to you for any other purposes, including providing similar itineraries to other customers.

 

5.7. Promotional Considerations.

MARTINIQUE TRAVEL CONSULTING may use personal data obtained during the Service to send suitable promotions to you. If you wish to opt out of this service please let a MARTINIQUE TRAVEL CONSULTING employee know or use the unsubscribe button in any such email.

 

All notices from MARTINIQUE TRAVEL CONSULTING intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on the MARTINIQUE TRAVEL CONSULTING website.

 

5.8. Disclaimer of Warranty

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, OR REQUIRED BY APPLICABLE LAW, MARTINIQUE TRAVEL CONSULTING MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE MARTINIQUE TRAVEL CONSULTING SITE. PRODUCT AND SERVICE INFORMATION AVAILABLE ON THE MARTINIQUE TRAVEL CONSULTING SITE IS PROVIDED BY THIRD PARTIES THAT MANUFACTURE OR OTHERWISE OFFER THE PRODUCTS AND SERVICES. ACCORDINGLY, MARTINIQUE TRAVEL CONSULTING CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT OR SERVICE INFORMATION, AND ACTUAL PRODUCTS AND SERVICES MAY DIFFER FROM THE INFORMATION PROVIDED BY MARTINIQUE TRAVEL CONSULTING. IN THE EVENT OF A SUBSTIANTIAL DISCREPANCY BETWEEN THE PRODUCT OR SERVICE YOU BOOK THROUGH MARTINIQUE TRAVEL CONSULTING AND MARTINIQUE TRAVEL CONSULTING’s DESCRIPTION OF THE PRODUCT OR SERVICE, YOUR SOLE REMEDY SHALL BE REQUEST A REPLACEMENT ITINERARY OR BOOKING WITHIN 7 DAYS AFTER THE ITINERARY IS RECOMMENDED. AS SET FORTH IN THE “PRODUCT AND SERVICE DESCRIPTIONS” SECTION OF THESE TERMS AND CONDITIONS.

 

5.9. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR BOOKING AND USE OF THE SERVICES AVAILABLE THROUGH THE MARTINIQUE TRAVEL CONSULTING SITE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MARTINIQUE TRAVEL CONSULTING, NOR ITS PARENT OR AFFILIATES (INCLUDING MARTINIQUE TRAVEL CONSULTING OR THEIR RESPECTIVE CONTRACTORS OR CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, EQUITY OR UNIT HOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THIS SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MARTINIQUE TRAVEL CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 

 

YOU AND MARTINIQUE TRAVEL CONSULTING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRODUCTS OR SERVICES AVAILABLE OR PURCHASED THROUGH THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

5.10. Service Request Processing

MARTINIQUE TRAVEL CONSULTING may, in its sole discretion, not fulfill your service request in certain circumstances. As described in these Terms and Conditions, this may occur when we suspect the request is fraudulent, or in other circumstances we are unable to find an expert to fulfill your request. 

 

MARTINIQUE TRAVEL CONSULTING also reserves the right, in its sole discretion, to take steps to verify your identity to process your request.

 

5.11. Credits and Refund Policy

Given the specific nature of services provided by MARTINIQUE TRAVEL CONSULTING, customers are not able to use any right to retract the order and no refund will be made except if we do not deliver the services on-time.

In addition, if we have not met your trip criteria, and you advise us of this within 7 days of receiving information from MARTINIQUE TRAVEL CONSULTING regarding your trip, by using the contact form available on the website or by sending an email, MARTINIQUE TRAVEL CONSULTING shall make its best efforts to revise your travel plan with the view to meet your expectations.

 

5.12. Indemnities

You will indemnify and hold harmless MARTINIQUE TRAVEL CONSULTING (as the term is defined in the “Limitation of Liability” section above) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by MARTINIQUE TRAVEL CONSULTING, and shall defend MARTINIQUE TRAVEL CONSULTING against any and all claims arising out of (1) your breach of these Terms and Conditions, or (2) fraud you commit, or your intentional misconduct or gross negligence, or (3) your violation of any Law or the rights of a third party.

 

5.13. Disputes

Failing an amicable solution, any dispute of any nature whatsoever, arising from the interpretation, execution or termination of these Terms and Conditions between you and MARTINIQUE TRAVEL CONSULTING, such dispute shall be resolved by the competent court within the jurisdiction of the Appeal Court of Fort-de-France.

 

5.14. Force Majeure

MARTINIQUE TRAVEL CONSULTING shall be excused from performance under these Terms and Conditions to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of MARTINIQUE TRAVEL CONSULTING. In the event that MARTINIQUE TRAVEL CONSULTING is temporarily unable to complete an itinerary because of such an event, MARTINIQUE TRAVEL CONSULTING will give you the option to refund all or a portion of the amounts paid and not fulfilled.

 

5.15. Governing Law 

All rights and obligations relating to these Terms and Conditions shall be governed by and construed in accordance with the law of FRANCE without giving effect to any choice-of-law provision or rule that would cause the application of the laws of any other jurisdiction.

 

5.16. Entire Agreement

These Terms and Conditions constitute the entire agreement of between you and MARTINIQUE TRAVEL CONSULTING regarding the matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms and Conditions.

 

5.17. Severability

If any provision of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

 

5.18. Assignment

You may not assign these Terms and Condition (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of MARTINIQUE TRAVEL CONSULTING, which may be withheld at MARTINIQUE TRAVEL CONSULTING’s sole discretion. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. MARTINIQUE TRAVEL CONSULTING may assign these Terms and Conditions, in whole or in part, to any third party in its sole discretion.

 

5.19. Modification of Terms and Conditions

You acknowledge and agree that MARTINIQUE TRAVEL CONSULTING may, in its sole discretion, modify these Terms and Conditions at any time and in any manner, other than for completed purchases. You may not amend or modify these Terms and Conditions under any circumstances. The current version of these Terms and Conditions is available on the MARTINIQUE TRAVEL CONSULTING website