Terms of sales and use

BATOBUS and the website

https://www.batobus.com/

 

Translated into English for information purposes only. In the event of a dispute, the French version shall take precedence.

For the purposes hereof, the terms defined below, both in the singular and in the plural, shall have the following meaning:

  • “Customer”: any natural person acting as a consumer within the meaning of the French Consumer Code, i.e. for purposes not connected with their commercial, industrial, artisan, professional or agricultural activity;
  • “Service Provider”: Batobus, the company responsible for providing the service;
  • “Services”: catering services and/or services proposed directly by the Service Provider or indirectly via its website.

PART I – GENERAL TERMS AND CONDITIONS OF SALE

ARTICLE 1 - GENERAL PROVISIONS

1.1 The provision of the Services is subject to the stipulations hereof, complemented by the specific terms and conditions of the Service. These take precedence over all terms and conditions of purchase which may be set against them and express the entirety of the rights and obligations of the parties and are inseparable, where applicable, from the “General Terms and Conditions of Use” section below for any booking and/or order placed via a website of the Service Provider.

1.2 The Service Provider reserves the right to not accept bookings for events of which the electoral, political or religious nature is incompatible with or prejudicial to the image and shared aim of the Service Provider or the venue where the Services are to be provided.
1.3 If any one of the clauses hereof (in full or in part) proves unlawful, invalid or inapplicable, the other provisions shall remain in force.

1.4 The fact that the parties do not exercise the rights recognised as theirs pursuant hereto may not in any event be interpreted as a waiver of the enforcement of said rights.
1.5 This document is written in French.

ARTICLE 2 – PRICES

Prices are expressed in euros, exclusive or inclusive of tax. Prices can be revised at any time without prior notice. The prices invoiced are those in force on the day of the booking. They are subject to the VAT rates in force, applicable on the day of the service. All new taxes or charges which may be created, or any change to current charges or taxes, shall automatically entail the adjustment of prices. Prices may also be subject to a differentiated pricing policy based on the management of the capacities available, and may vary as a result. It is for the Customer to assess, before approving the booking, whether the price is acceptable. Any challenge over prices at a later date will be disregarded. The prices of services other than the main services cannot be
amended after the booking.

ARTICLE 3 - BOOKING AND PAYMENT TERMS

3.1 The Service Provider shall make these General Terms and Conditions available to the Customer on its website so that they can read them prior to any booking.
Bookings are made in writing, by email, telephone, messaging service or directly on the Service Provider’s website. To make a booking, the Customer must be at least 18 years of age and have legal capacity to enter into a contract. 
Any fraud in breach of these General Provisions may result in refusal by the Service Provider, at any time, to allow access to the Services.
3.2 All bookings entail acceptance of these terms and conditions and become effective on total or partial payment by the Customer. A deposit of 90% of the total amount of the service, or 100% for online bookings, will be required. In the event of part payment, the balance remaining due must be paid by the Customer on the day of the service.

3.3 The exact number of participants must be confirmed in writing at the latest 3 business days before the date of the service. During this period of more than seventy-two (72) hours, the Customer has the option of reducing the number of participants indicated at the time of the initial booking within a limit of 10% or of increasing their number within the limit of the number of places available.
3.4 Payment may be made in cash (within the maximum permitted by regulations), cheque (drawn exclusively on a bank domiciled in France), bank card, wire transfer or any other means of payment accepted by the Service Provider. Customers who pay by bank card undertake to use only a card owned by them, in person. The Service Provider cannot be held liable in the event of fraudulent use. The Customer shall indicate the number, validity date and security code of their bank card at the time of payment. 
Remote payment by bank card is fully secured by the SSL protocol and provided by an organisation specialising in secure online transactions. Bank data are transferred by a secure link directly to the website of said organisation. In any event, non-availability of the electronic payment service cannot under any circumstances release the Customer from its obligation to pay for the chosen Services.

3.5 Any delay in payment will, after the sending of a letter of formal notice, result in the invoicing of late payment interest exclusive of tax, equivalent to application of a rate equal to the rate of the European Central Bank, increased by 10 points. These penalties will be applied from the due date of the principal up to the date of actual payment in full.
A fixed indemnity compensating recovery costs of €40 will be automatically due by all professionals in the case of any delay in payment (Art. L. 441-5 of the French Commercial Code).
3.6 All services and overtime not stipulated originally will be the subject of additional invoicing after the event.


ARTICLE 4 – CANCELLATION

4.1 Attributable to the Customer
Refer to Article 10- Right of withdrawal.
4.2 Attributable to the Service Provider
Refer to Article 9- Force Majeure.


ARTICLE 5 – INTERNAL REGULATIONS

5.1 The Service Provider will do everything in its power to ensure that the services are provided in accordance with the terms and conditions provided for in the booking.
Under no circumstances may the number of attendees present on the boat exceed the capacity established for each boat.
5.2 Any equipment or items which may prove hazardous for customers or the Service Provider’s staff will be refused.
5.3 Correct dress and respectful behaviour in compliance with the safety rules are required.
5.4 Anyone in breach of the above may be refused access or be removed from the venue where the Service is provided, without the option of being refunded the price paid, the Service Provider also reserving the right to take all measures that it deems appropriate.


ARTICLE 6 – CONFIDENTIALITY

The parties mutually undertake to maintain the strictest confidentiality in respect of all documents and information that are brought to their attention in relation to the performance of the services.

ARTICLE 7 - INTELLECTUAL PROPERTY

The Service Provider is owner of all intellectual property rights relating to the BATOBUS trademark and to the “www.batobus.com” website.
Accessible elements, notably in the form of texts, photographs, images, icons and sound, are also protected by intellectual and industrial property rights and other private rights. Under no circumstances may the Customer reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, using any means whatsoever, or use in any way whatsoever, all or part of the Service Provider’s trademarks without its prior authorisation. Any use that has not been authorised beforehand, on any basis whatsoever, of all or part of the information may be the subject of any appropriate action, including an action for infringement.


ARTICLE 8 – LIABILITY AND INSURANCE

The Service Provider accepts no liability in the event of theft or damage caused to any kind of items or property (personal effects, hand luggage, equipment, etc.) belonging to the Customer .
The Service Provider will invoice the Customer for any theft or damage to property or real property caused at the venue where the service is provided by the Customer or one of its attendees. 
In the event of failure to fulfil its contractual obligations, the Service Provider may not reimburse more than 100% of the service ordered.
The Service Provider represents that it has taken out insurance with a reputedly solvent company covering its civil operating liability for up to 8 million euros, and notably in the event of food poisoning.


ARTICLE 9 – FORCE MAJEURE

The Service Provider or the Customer reserves the right to cancel a Service on the occurrence of a force majeure event (fire, explosion, terrorist attack, pandemic, natural disaster, administrative restrictions, etc.). In this case, the down payment possibly made will be refunded without the Customer being able to claim any additional compensation.

ARTICLE 10 – RIGHT OF WITHDRAWAL

Under Article L. 221-28(12) of the French Consumer Code, the Customer may not exercise the right of withdrawal for the provision of catering services and leisure activities that must be supplied on a specified date
or during a specified period.

ARTICLE 11 - PERSONAL DATA

The Customer’s Personal Data are collected and processed in compliance with Act No. 78-17 of 6 January 1978 in force and Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. For more information, the Customer is invited to consult our Privacy Policy, available on our website https://www.batobus.com/fr/politique-de-confidentialite.


ARTICLE 12. RECEIPT OF NOTIFICATIONS AND NEWSLETTERS

The Customer may, at any time and free of charge, ask us to stop sending advertising or commercial offers by contacting us directly at sales.support.ssl@sodexo.com or via the unsubscribe link included in any offer we may send to the Customer by email. This objection is without prejudice to the legality of any mailings sent out before implementation of that objection. Under Article L. 223-2 of the French Consumer Code, the User is informed of their right to register, free of charge, to opt out of receiving marketing calls (www.bloctel.gouv.fr).

ARTICLE 13 – PROOF

It is expressly agreed that, barring an obvious error established by the Customer or by the Service Provider, the information stored in the latter’s information system has probative force. The information on computer or electronic media retained by the Service Provider constitutes evidence and, if it is produced as evidence in any contentious or other proceedings, it shall be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same probative force as any document that is produced, received or retained in writing.


Article 14 – Complaints

In the event of a complaint regarding the service, the Customer has the option of contacting the Service Provider by post at BATOBUS – Service Relation Client – Port de la Bourdonnais – 75007 PARIS – France or by email at reclamation.suggestion.fr@bateauxparisiens.com.

In the event of a dispute between the professional and the consumer, they shall make an effort to find an amicable solution. If an amicable solution is unable to be reached, the consumer has the option of referring the matter free of charge to the professional’s consumer ombudsman, i.e. the European Ombudsman Association (AME CONSO), within one year of the written complaint sent to said professional. The matter should be referred to the consumer ombudsman:

- either by completing the relevant form provided on the AME CONSO website: www.mediationconso-ame.com ;

- or by sending a letter to AME CONSO, 197 boulevard Saint-Germain – 75007 Paris, France.

This provision regarding referral to the Ombudsman does not apply to legal entities. 

In the event of a complaint regarding the service, the Customer has the option of contacting the Service Provider by post at Bateaux Parisiens- Service Relation Client - Port de la Bourdonnais- 75007 Pari or by email at reclamation.suggestion.fr@sodexo.com .

In the event of a dispute between the professional and the consumer, they shall make an effort to find an amicable solution. If an amicable solution is unable to be reached, the consumer has the option of referring the matter free of charge to the professional's consumer ombudsman, i.e. the European Ombudsman Association (AME CONSO), within one year of the written complaint sent to said professional. The matter should be referred to the consumer ombudsman:   

-either by completing the relevant form provided on the AME CONSO website: www.mediationconso-ame.com

-or by sending a letter to AME CONSO, 11 place Dauphine - 75001 Paris, France.

This provision regarding referral to the Ombudsman does not apply to legal entities.

To help you find a solution to your problem:  https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

 

ARTICLE 15 - APPLICABLE LAW - DISPUTES

This contract is governed by French law. It must be implemented and interpreted in compliance with this law.
In the event of any dispute, the Customer is first to contact the Service Provider to find an amicable solution. 
Customers are advised that they may, in any event, make use of conventional mediation, including with the Consumer Mediation Commission or with existing sector-based mediation bodies or any alternative dispute resolution method (such as conciliation) in the event of any dispute. If an amicable agreement is not reached, the case will be brought before the competent courts; for the avoidance of doubt, the time limits for the initiation of legal proceedings continue to run during the period when an amicable solution is sought. In the event of any dispute or challenge, the French courts alone will have jurisdiction and French laws alone will apply. Disputes arising with our customers registered on the Trade and Companies Register (RCS) will be submitted to the Commercial Court territorially competent.
All of the above clauses will be respected in full by each party.

 

Translated into English for information purposes only. In the event of a dispute, the French version shall take precedence.

 

202301_2

 

 

PART II – GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE

The purpose of this section of the General Terms and Conditions of Sale and Use of the Website is to define the terms and conditions of availability of, access to and use of the Service Provider’s website, which are enforceable on the Users.

PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE AS THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING ITS CONTENT, ARE SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE, AS WELL AS APPLICABLE LAWS AND REGULATIONS.

For the purposes of this section, the terms defined below, both in the singular and in the plural, have the following meanings:

“Contribution”: all content (photographs, images, information, remarks, comments, CVs, covering letters, etc.) that may be published, edited, drafted, shared, deleted and/or modified on the Website by the User;
“GTCU” : these General Terms and Conditions of Use;
“Publisher”: the company or companies publishing the website(s) mentioned in the Legal Notices;
“Website”: the Website and the portals and variations of associated URLs, where applicable;
“User”: anyone logging on to the Website, such as the Customer, visitors, etc.;
“Functionality”: services made available to the User on the Website, as described below;
“Services”: the services offered, which may be booked by the User under the terms and conditions set out on the Website.

 

Article 16 – Access to the Functionalities

Access to the Functionalities of the Website is open to anyone browsing on said site and is conditional on compliance herewith. Users are informed that they have the option of saving and printing these GTCU by using the standard functionalities of their browser or computer. By using the Functionalities, Users acknowledge that they have obtained from the Service Provider all the necessary information about the Functionalities and that they unconditionally accept the GTCU. 
All Users undertake, having accepted the GTCU, to comply with them scrupulously. Failure to comply with the GTCU renders Users liable and may entail immediate and automatic suspension, or permanent and automatic cessation of access to the Website and to the associated Functionalities. Users are responsible for the use they make of the information made available to them by the User in connection with the Functionalities and must take into consideration all notices featuring in these GTCU and on the Website. The conditions of access to and use of the Functionalities may be changed without prior notice by the Service Provider. Availability of each Functionality depends on the Website and a User might therefore not have access to all or part of the Functionalities below.

Article 17 – Functionalities

The Website allows the User to access some or all of the following Functionalities:

17.1 Viewing information about the Services. This functionality allows the User to have access to information relating to the Services (e.g. times, descriptions and specific terms and conditions of the Services, information about products offered, etc.).
17.2 Booking. Users may book Services on the website. The terms and conditions of access to the Services and how to order them are shown on the Website and herein. In any event, Users undertake to ensure that all information provided to the Publisher (including Personal Data) at the time of registration is always truthful, accurate, complete and up-to-date. In particular, Users undertake not to create a false identity likely to mislead the Publisher or any third party and not to steal the identity of another natural person. In the event of any changes, Users undertake to update all the information concerning them immediately. If Users provide any false, inaccurate, outdated, incomplete, deceitful or misleading data, the Publisher may immediately suspend or terminate their account and temporarily or permanently refuse access to all or part of the Functionalities.
17.3 Receiving notifications and newsletters from the Service Provider and/or its partners. Depending on the choices made at the time of booking, Users may receive commercial notifications where applicable and/or newsletters from the Service Provider and/or its commercial partners.

17.4 Submission of applications. Users may submit an unsolicited application in accordance with the terms and conditions set out on the Website.

Article 18 – User Contributions

Users undertake to ensure that their Contributions comply with all applicable laws and regulations. Prohibitions include, but are not limited to, publishing any Contribution the content of which would, or would be likely to, infringe:

- Public order or morality,
- Third-party rights (image rights, privacy rights, etc.),
- The intellectual property rights of any third party and/or Sodexo.

In this respect, Users undertake to ensure that their Contributions are relevant to the context. They must not contain subjective comments, especially if they are excessive or insulting, or reveal, directly or indirectly, any information considered sensitive (racial or ethnic origin, political, philosophical or religious opinions, trade union membership, information relating to health or sex life, offences, convictions or security measures). 
Users represent that they accept all civil and criminal liability that might result from the publication of their Contributions on the Website. In addition, Users will hold the Publisher harmless against any action, of any kind whatsoever, which might be brought against it by any interested person regarding Users’ failure to comply with the foregoing provisions.
It is specified that in the event of failure by Users to comply with the provisions of this article, Sodexo reserves the right to remove from the Website any disputed Contribution, notwithstanding Sodexo’s right to suspend or terminate the User’s access to the website without prior notice.

 

Article 19 – Terms and conditions for providing access to the Website


19.1 Availability. Access to the website is open and free to any User with Internet access. All costs relating to access for hardware, software or internet access shall be exclusively borne by the User. Users shall have sole responsibility for the correct functioning of their computer equipment and for their internet access.
The Publisher will use all reasonable means to provide the User with continuous access to the Website, but certain Functionalities may be subject to varying availability. 
The Publisher may not be held liable for the unavailability of the Website in the event of operations relating to maintenance, testing, security or repair, or of any other nature whatsoever.
However, the Publisher reserves the right, without prior notice or compensation, to temporarily or permanently close down the Website or access to one or more Functionalities, including in order to perform an update, maintenance operations, or modifications or changes concerning operational methods, servers and hours of accessibility, this list of reasons not being exhaustive. The Publisher also reserves the right to suspend, interrupt or bring a permanent end to any access to all or part of the Website in the event of force majeure, as defined by case law, or any other event beyond its control.
The User acknowledges the Publisher’s right to choose and/or change the infrastructure and/or the country where the Website is hosted as it sees fit.
19.2 Anomalies – Malfunctions. The Publisher does not guarantee that the Website will be free from faults, errors or bugs, or that these can be rectified, or that the Website will function without interruption or failure, or that it is compatible with particular hardware or particular settings. Under no circumstances may the Publisher be held liable for technical problems attributable to third parties, particularly in the event of malfunctions attributable to third-party software, regardless of whether or not they are incorporated into the Website or provided therewith, or for issues related to communication or unavailability of the Website due to technical problems beyond the Website’s control, whether due to:
- The User’s equipment;
- The Internet Service Provider;
- The User’s hosting provider;
- Or resulting in general terms from a case of force majeure.
Users further represent that they are aware of the nature and limitations of the internet, particularly its technical performance, the response times for viewing, querying or transferring data and the risks related to the security of communications. Users will be responsible for monitoring possible developments in computing and data transmission resources at their disposal in order to adapt them to developments on the Website.


Article 20 – Publisher’s liability


The Publisher may not be held liable for loss or harm of any kind (including loss of profit or of opportunity, etc.) which may result from changes and/or any temporary or permanent, total or partial, unavailability of the Website or of any Functionality, regardless of its origin or source. More broadly, unless it is at fault, the Publisher shall not under any circumstances liable for damages of any kind (including loss of profits or opportunity, etc.) that may result from the use of the Website, such as, in particular, loss of data, including Personal Data, intrusion, viruses, suspension of the service and/or Functionalities, fraudulent use of credit card, etc.
In the event of abnormal or unlawful use of the Website by a User, the latter shall remain solely liable for damage of any kind caused to third parties and to the Publisher and for the consequences, claims and/or actions that may result therefrom. 
Furthermore, Sodexo will not be liable in the event of “force majeure” situations as defined by applicable laws and French case law.

 

 

Article 21 – Cookies


Some of the User’s information may be collected when accessing this Website for the purposes of personalising and improving the User’s experience. For more information, the User is invited to consult our Cookie Management Policy.


Article 22 - Term and termination


This agreement is entered into for an indefinite term and shall remain in full force and effect as long as the User uses the Functionalities or retains their personal account.
The Publisher reserves the right to take all necessary measures, including the removal of a personal account, without having to give any reason or notice, undertake any formalities or pay any compensation to the User in the event of a binding court decision, force majeure event, breach of these GTCU or the law, or suspected fraud.
The Publisher will notify the User by any appropriate means of the measure taken and the reasons for taking such a decision. The User’s personal account will no longer be accessible from the date of termination and all Functionalities will be immediately suspended. Such termination shall take place without prejudice to any damages that may be claimed as compensation for the loss suffered as a result of such breaches.
At the time of termination, the rights and licences granted to the User will be terminated and the User must cease all use of the Website. The User will not be entitled to any compensation.


Article 23 - Hypertext links


This Website may contain links (including hyperlinks) to other websites or applications that are not under the Publisher’s control. The Publisher is not liable for the content of these sites or applications, the links they contain, or for any changes or updates made to them. It is not possible to create a hyperlink to third-party websites without the express authorisation of the Publisher. Under no circumstances may the Publisher be held liable for the creation of a hyperlink on this Website.


Article 24 - General Provisions


24.1 Modification of the GTCU. The Publisher reserves the right to change, supplement or update all or part of the GTCU at any time, particularly in order to comply with any legislative, regulatory, technical and case-law changes that may arise. In this case, the applicable provisions will be those in force on the date they are published online and will be enforceable on the date of use of the Website by the User.
24.2 Entire agreement. If any of the clauses hereof (in full or in part) proves to be unlawful, invalid or inapplicable, the other provisions shall remain in force. The invalid or unenforceable portion will be replaced by a valid provision having the same legal effect.
24.3 Non-waiver. The fact that the parties do not exercise rights recognised as theirs pursuant hereto may not in any event be interpreted as a waiver of the exercise of said rights.
24.4 Agreement on proof. It is expressly agreed that, barring an obvious error established by the User or by the Publisher, the data stored in the Publisher’s information system has probative force. The data on computer or electronic media retained by the Publisher constitute evidence and, if they are furnished as evidence in any litigation or other proceedings, they will be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same probative force as any document that is produced, received or retained in writing.

 

Translated into English for information purposes only. In the event of a dispute, the French version shall take precedence.

V202301
 

In the case of purchasing a DUO LIBERTÉ pass, here are the BIGBUS Terms and Conditions.

 

Terms & Conditions

TERMS AND CONDITIONS OF USE RELATING TO BIG BUS TOURS

PLEASE READ THIS STATEMENT CAREFULLY. THESE TERMS AND CONDITIONS, TOGETHER WITH THE PRIVACY POLICY AND COOKIE POLICY (AND ANY OTHER AGREEMENTS THAT GOVERN YOUR RELATIONSHIP WITH BIG BUS TOURS LIMITED (A LIMITED LIABILITY COMPANY REGISTERED IN ENGLAND UNDERNUMBER 01360202 WHOSE REGISTERED OFFICE IS AT 110 BUCKINGHAM PALACE ROAD, LONDON, SW1W 9SA (“BIG BUS”)) APPLY TO YOUR USE OF ANY SERVICES (THE “SERVICES”), SITES AND APPLICATIONS (INCLUDING, WITHOUT LIMITATION, THE SITEHTTP://WWW.BIGBUSTOURS.COM/AND THE BIG BUS APP (THE “APP”) (TOGETHER, THE “PLATFORMS”) OWNED AND OPERATED BY BIG BUS OR BIG BUS GROUP COMPANIES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE TERMS OF THE ADDITIONAL AGREEMENTS THEN YOU SHOULD NOT ACCESS OR USE ANY OF THE SERVICES OR PLATFORMS. ACCESS OR USE OF ANY OF THE SERVICES OR PLATFORMS BY YOU SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THE TERMS OF THE ADDITIONAL AGREEMENTS. BIG BUS MAY SUSPEND OR CANCEL YOUR USE OF THE SERVICES OR PLATFORMS IMMEDIATELY IF YOU DO NOT COMPLY WITH THESE TERMS AND CONDITIONS OR THE TERMS OF THE ADDITIONAL AGREEMENTS.

1. TERMS OF SALE

The Services provided by Big Bus include the provision of sightseeing tours by passenger-carrying vehicles, passenger-carrying riverboats and guided tours on foot.

1.1 E-TICKETS

If you purchase tickets on the Platforms, youwill have your tickets delivered to youby way of E-ticket or SMS if you have selected to receive your ticket via SMS, which will contain a QR code for scanning. You will need to print the E-ticket and bring the printed copy with you topresent to amember of Big Bus staff atyour preferred boarding point. Please note that Big Bus does not offer physical tickets via the Platforms.

1.2 E-TICKET REDEMPTION

If you have anE-ticket, you must bringthe printed E-ticket, or show the SMS link with E-ticket visible from your phone, along withthe credit card used to make the purchase as proof of ID. You should present your E-ticket to a Big Bus uniformed member of staff, atthe preferred boarding point. The member of staff will exchange the E-ticket fora valid ticket to travel.

Big Bus reserves the right to refuse anyE-tickets presented withoutthe credit card used to make the purchase.

1.3 TICKETS TO TRAVEL

Youshould keep your ticket safe as replacements will not be issued.You must show or purchaseyour ticket asyou board. The ticket remains the property of Big Bus and must be produced for inspection and, if requested to do so, be surrendered upon demand to an authorized Big Bus official. You will not be permitted to use any Big Bus Servicewithout a valid ticket for the entire journeythat you wish to make. 

1.4 TICKET VALIDITY

The ticket entitles you to use the purchased services during Big Bus Tours operational hours on the date (and/or) time stated on the ticket, commencing from the time you first board the service (or, in the case of a Night Tour, the Night Tour service only). When the ticket expires, you must either leave the service at the next available opportunity or purchase another ticket. Tickets do not guarantee travel on a specific service or at a specific time. If you purchase a ticket that can be used across multiple days, you must use it on consecutive days.Changes to bookings are made at the discretion of Big Bus Tours Ltd. All change requests must be made in writing to a member of the Big Bus Tours customer service team via Live Chat (accessible via the red chat button on the lower right of the screen on www.bigbustours.com or via the free Big Bus Tours app).Refunds are not applicable where ticket prices have decreased due to promotions, or where the date/time selected is cheaper.

1.5 LOST TICKETS

You must keep your ticket safe. If you are found travelling without a valid ticket, you will be charged the full ticket pricefor a replacement ticket.

1.6 CHILDREN

Child tickets are availablefor childrenaged from 4-12 years. Children must be accompanied by an adult at all times. Children under 4 may travel for free if accompanied by a dedicated adult (1 adult: 1 child) as long as the child does not occupy a seat to the exclusion of a fare-paying passenger.

1.7 DEPARTURE POINTS AND TIMES

Big Bus endeavours to provide departure points and times for the service which are as accurate as possible. However, Big Bus reserves the right to vary such departure points and times without notice, as circumstances require.

1.8 TOUR ROUTE

Big Bus reserves the right to deviate from the route of a service in the event of marches, parades or where reasonably prudent to do so in the light of circumstances beyond Big Bus’s control. 

1.9 BUSES AND BUS SAFETY

While Big Bus endeavours to operate its famous open-top double-decker buses, it reserves the right to operate closed-top double-decker buses from time to time, especially in bad weather.

During busy times, seating cannot be guaranteed on either deck.

Big Bus reserves the rightto refuseaccess to travel on a particular departureshouldcircumstances be deemed to compromise tour safety.

For safety reasons,all customers on the upper deck of a bus are required to remain seated while the bus is in motion.

1.10 RIVERBOATS

Sightseeing tours by riverboat, where relevant, are provided by a contracted third party. These terms and conditions shall apply whilst you are travelling on a riverboat tour, where it is included by the ticket issued by Big Bus.

1.11 PRICING AND PROMOTIONAL OFFERS

Prices relating to the Services can be found on the relevant pricing page of the Platforms. All prices are inclusive of applicable local taxes. Big Bus reserves the right to alter the prices of any Services immediately and without notice.

Big Bus may from time to time offer discounts or promotional offers, with or without a discount or promotional code. Discounts with codes are usually only valid for one transaction and, once the code is used, it will be deactivated and will no longer be valid. Big Bus does not bear any responsibility or liability for discounts or promotional offers published on external websites and reserves the right to withdraw any discounts and promotional offers at any time without notice.

1.12 REFUNDS

In the event that Big Bus is unable toprovide a Service throughout the period of the validity of your ticket through circumstances within its control, you shall be entitled to a full or partial refund of the price of your ticket. Any application for a refund must be made in writing tobigbustours.com/contactPAR. Please scan and attach your ticket to your email. However, Big Bus shall not be in breach of these terms and conditions, nor shall it be liable, for delay in performing, or failure to perform, any of the Services if such delay or failure results from events, circumstances or causes beyond its reasonable control.

1.13 ACCIDENT OR LOSS

Please take care of all personal property. Big Bus will not be liable for any loss, damage, delay, inconvenience, direct or consequential loss, however caused, unless due tonegligence by Big Bus, in which case its liability is limited (except for death or personal injury)for damages to a maximum of the refund of the ticket price.

1.14 ALCOHOL

The consumption of alcohol is prohibited on the Services at all times.

1.15 TICKET AGENTS

Where a ticket is purchased from one of Big Bus’s ticket agents, any query regarding the ticket purchase or refund request must be referred to the ticket agent who sold the ticket.

1.16 IMAGES

You hereby acknowledge that Big Bus may take photographs on board any of the Services and you consent, for the purposes of the Data Protection Act 1998 and any other relevant legislation, law or regulation, to any such photographs which include images of you being used in Big Bus’s marketing and promotional materials, including on the Platforms. Big Bus will endeavour not to use photographs in which a single individual is present and prominently featured without obtaining that individual’s consent. Any images contained on the Platforms are for illustrative purposes only.

1.17 CUSTOMER CONDUCT

Big Bus may at its discretion require any person to alight from a Service if it deems his/her conduct offensive or a nuisance to other passengers, or if behaving in such a way as to constitute a risk to his/her safety or to the safety of other passengers, and Big Bus shall have no further liability in this regard.

1.18 FEEDBACK

If you have any feedback on the Services or the Platforms, pleasereachbigbustours.com/contactPAR

2. TERMS OF USE

2.1 CHANGES TO THE PLATFORMS

Big Bus reserves the right, at its discretion, to change, modify, add to, or remove portions of these terms and conditions at any time and to restrict access to any areas of the Platforms at any time, without notice or liability. Big Bus suggests that you check these terms and conditions periodically for changes. If you use the Platforms after changes are posted to this section, you accept the changed terms and conditions.

2.2 LIABILITY

By using any of the Platforms, you acknowledge and agree that the use of the Platforms is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall Big Bus be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use, any of the Platforms or any material linked to any of the Platforms (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if Big Bus has been advised of the possibility of such damage. In addition, no liability can be accepted by Big Bus in respectof any changes made to the content of any of the Platforms by unauthorized third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law.

Any software which is downloadable from any of the Platforms is downloaded at your own risk.

Nothing in these terms and conditions affects your statutory rights. Nothing in these terms and conditions excludes Big Bus’s liability for:

  • death or personal injury arising from Big Bus’s negligence;
  • fraud or fraudulent misrepresentation; or
  • any other loss or damage which cannot be excluded or limited under applicable law.

 

2.3 PLATFORM AVAILABILITY

To the extent permitted by applicable law, Big Bus does not warrant that any of the Platforms will be available at any time or that your access to any of the Platforms will be uninterrupted, timely, error free or free from viruses or other harmful components. If any of the Platforms are unavailable, please report this by e-mailinginfoparis@bigbustours.comand Big Bus will attempt to correct the fault as soon as Big Bus reasonably can. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this website and for ensuring that you have adequate anti-virus protection installed on the equipment used to access this website.

2.4 INTELLECTUAL PROPERTY

Unless otherwise stated, all intellectual property in the Platforms and all rights in any information which appears in any of the Platforms (including the screen displays, the content, the text, graphics and look and feel of any of the Platforms) belongs to Big Bus or its licensors. All trademarks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders' rights. Big Bus does not warrant that the Platforms do not infringe any intellectual property rights of third parties.

Your use of any intellectual property displayed on or relating to the Platforms, except as provided in these terms and conditions, is strictly prohibited. Big Bus will aggressively enforce its intellectual property rights to the fullest extent of the law. Nothing relating to the Platforms should be construed as granting any licence or right in or to any trademarks, service marks or trade dress of Big Bus or any other intellectual property owned by any member of Big Bus group.

You may print off one copy, and may download extracts, of any page(s) from the Platforms for your personal use and you may draw the attention of others to content posted on the Platforms.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Big Bus’s status (and that of any identified contributors) as the authors of content on the Platforms must always be acknowledged.

You must not use any part of the content on the Platforms for commercial purposes without obtaining a licence to do so from Big Bus or its licensors.

If you print off, copy or download any part of the Platforms in breach of these terms of use, your right to use them will cease immediately and you must, at Big Bus’s option, return or destroy any copies of the materials you have made.

2.5 THIRD PARTY SITES

Big Bus is not responsible for the content of any other sites that are linked to or from any of the Platforms and Big Bus excludes all warranties and all liability for any loss or damage you incur as a result of your use of such sites.

2.6 LINKING CONDITIONS FOR SITES

You may not link to any applicable Platform unless you have obtained the prior written consent of Big Bus. If you have obtained consent, you must comply with the following conditions:

  • you must only link to the homepage of this website (http://www.bigbustours.com/). Linking to other content within the relevant Platform is prohibited without Big Bus’s express written permission;
  • the text of the link must read either "Big Bus Tours" or “www.BigBusTours.com”. You may not use any Big Bus logo or graphic as part of the link without Big Bus’s prior written consent;
  • the link and surrounding content on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and Big Bus; (b) portray Big Bus, or its products or services, in a false, misleading, derogatory or otherwise offensive manner, or in a way which damages or is likely to damage the reputation of Big Bus; or (c) alter the layout, content, look or feel of the relevant Platform; and
  • you must not establish a link to a Platform where such link is not owned by you.

 

Big Bus assumes no responsibility for the content of websites linked on the Platforms. Such links should not be interpreted as an endorsement by Big Bus of those linked websites. Big Bus will not be liable for any loss or damage that may arise from your use of them.

2.7 ACCEPTABLE USE

You must not use any of the Platforms for any unlawful, improper or illegal purpose or activity. Furthermore, you must not use any of the Platforms in a way which causes or may cause:

  • damage to the reputation of Big Bus;
  • any of the Platforms, or the services offered through any of the Platforms, to be interrupted, damaged or impaired;
  • a virus or malicious code to be introduced into any part of any Platform;
  • offence or detriment to any other person who uses any of the Platforms;
  • Big Bus, you or any other user of any of the Platforms to be in breach of any applicable law or regulation; or
  • detriment to any person who supplies services to Big Bus in connection with any of the Platforms.

 

You are prohibited from: 

  • modifying, translating, decomposing, decompiling, reverse engineering, disassembling or otherwise attempting to gain access to the source code of all or any part of any Platform;
  • creating derivative works from any part of any Platform; or
  • copying any part of any Platform (including any related documentation) or making commercial use of, leasing, charging, selling, publishing, sub-licensing, distributing, assigning or otherwise transferring any part of any Platform.

 

2.8 UPLOADING CONTENT

Whenever you make use of a feature that allows you to upload content to the Platforms, or to make contact with other users of the Platforms, you must comply with the content standards set out above in the “Acceptable Use” section.

You warrant that any such contribution does comply with those standards, and you will be liable to Big Bus for any breach of that warranty. This means you will be responsible for any loss or damage Big Bus suffers as a result of your breach of warranty.

Any content you upload to the Platforms will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant Big Bus a limited licence to use, store and copy that content and to distribute and make it available to third parties. As such, you grant to Big Bus a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of and display your content in connection with the Services across different media, including the Platforms.

Big Bus also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to this website constitutes a violation of their intellectual property rights, or of their right to privacy.

Big Bus will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Platforms.

Big Bus has the right to remove any posting you make on the Platforms if, in its opinion, your post does not comply with the content standards set out above in the “Acceptable Use” section.

The views expressed by other users on the Platforms do not represent Big Bus’s views or values.

You are solely responsible for securing and backing up your content.

2.9 SEVERABILITY

If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties' intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.

2.10 PRIORITY OF LAWS

In the event that any part of these terms and conditions at any time conflicts with the laws of a jurisdiction in which you use the Services or the Platforms, the laws of that jurisdiction shall prevail but only to the extent of such conflict.

2.11 ASSIGNMENT

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

2.12 GOVERNING LAW

These terms and conditions are governed by the laws of England and Wales and you agree that the English courts shall have exclusive jurisdiction in any dispute.

3. TERMS RELATING TO THE APP

The following additional terms apply to your use of the App. The App is a free to download resource for customers of Big Bus. It has been developed to help you get the most from your hop-on, hop-off sightseeing experience.

3.1 INFORMATION ACCURACY

Big Bus Tours endeavours to ensure that the information contained within the App is accurate at the time of download, but accuracy cannot be guaranteed. If using an interactive map that was downloaded on a previous day, please click on the ‘Update’ tab to ensure you have the latest version available. You are solely responsible for installing updates to the App when such updates are made available to you by Big Bus. You acknowledge that your use of the App may be adversely affected if you fail to update the App when prompted and Big Bus accepts no liability whatsoever in the event you fail to do so.

3.2 TIMINGS AND PRICES

Times and prices listed within the App are provided as a guide only. Big Bus cannot be held responsible for changes to the opening times or prices of third party visitor attractions. Big Bus reserves the right to vary tour times without notice, as circumstances require.

3.3 ROUTE CHANGES

Big Bus reserves the right to deviate from the routes and stops indicated within the App when it is reasonably prudent to do so.

3.4 TICKETS

To access the Big Bus buses, you must be in possession of a valid ticket. Possession of the App does not constitute a ticket or provide access to the tour.

3.5 SAFETY

For safety reasons, customers are required to remain seated on the upper deck while the bus is in motion. Whether on or off a bus or riverboat, please only consult the App only when it is safe to do so.

3.6 REFUNDS AND LIABILITIES

The App has been developed as a customer aid and is provided in good faith. The details included within the App cannot be guaranteed. Big Bus will not be held liable for any problem that arises because of inaccurate information contained within the App. Ifin any doubt about the information contained within the App, please consult a member of Big Bus staff for clarification.

3.7 DATA DOWNLOADS

Each interactive map requires a data download of approximately 10mb (but each download may be a greater or lesser amount of data). To minimize data costs, it is recommended to download the interactive maps when a wireless connection is accessible. Once theinteractive map is downloaded, no further data exchange is required unless you choose to access the Google/Apple map function. You are responsible for the payment of any charges incurred as a result of your use of any App, including charges imposed by your mobile service provider (including any data charges).

4. FRENCH JURISDICTION-SPECIFIC TERMS

1. According to French Law n° 78-17 dated January, 6th 1978; you have the right to access and rectify personal data which you communicated in using the Platforms (Site or App). If you wish to do so, please contact:infoparis@bigbustours.com.

2. You asre not granted the 14-day withdrawal period offered by French Consumer Code because the Platform only provides entertainment/leisure Services on a particular date or according to a defined time period, (articles L121-21 to L121-21-8 of French Codede la consommation)

3. According to French Transportation and Insurance Regulations, tickets received from Big Bus uniformed staff (after exchange from your E-ticket, QR code or SMS) must always be kept in possession of the traveller.