TERMS AND CONDITIONS
Effective as of 03/11/2024
ARTICLE 1 - Scope of Application
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without any
restriction or reservation, to any purchase of the following services:
Creation of a personalized itinerary in the form of a travel journal, accommodation suggestions, flight
proposals, activity suggestions, and budget assistance, as offered by the Provider to non-professional
clients ("Clients" or "Client") on the HiBackpackers.com website.
The main features of the Services are presented on the HiBackpackers.com website.
The Client is required to familiarize themselves with these features before placing an order. The choice and purchase of a Service is the sole responsibility of the Client.
These Terms and Conditions are accessible at any time on the HiBackpackers.com website and shall prevail over any other document.
The Client declares that they have read and accepted these Terms and Conditions by checking the box provided for this purpose before initiating the online ordering process on the HiBackpackers.com website.
Unless proven otherwise, the data recorded in the Provider’s computer system shall constitute evidence of all transactions concluded with the Client.
The Provider’s contact details are as follows:
Samama Yoann
166 Avenue de Paris, 92320 Châtillon
Registration number: 890361678
Email: yoann.samama@gmail.com
Phone: +33650458175
Customs duties or other local taxes, import duties, or state taxes may be applicable. These will be at the Client’s expense and are the sole responsibility of the Client.
ARTICLE 2 - Price
The Services are provided at the rates in effect on the HiBackpackers.com website at the time the order
is registered by the Provider.
Prices are expressed in Euros, excluding VAT and including VAT.
The rates take into account any discounts that may be granted by the Provider on the HiBackpackers.com website.
These prices are fixed and non-revisable during their validity period, but the Provider reserves the right to change the prices at any time outside the validity period.
The prices do not include processing, shipping, transportation, and delivery fees, which are charged separately, as indicated on the website and calculated prior to the order being placed.
The amount requested from the Client corresponds to the total price of the purchase, including these fees.
An invoice is issued by the Provider and provided to the Client upon delivery of the ordered Services.
Certain orders may require a quote to be accepted in advance. Quotes issued by the Provider are valid for a period of 2 days after their issuance.
ARTICLE 3 – Orders
It is the Client's responsibility to select the Services they wish to order on the HiBackpackers.com
website, according to the following process:
The client selects the package or service of their choice.
They are then redirected to a contact form to provide the necessary information to create a quote (desired destination, budget, etc.).
After sending the quote to the client, if approved, a link will be sent that grants access to a secure payment page.
Once the payment is validated, the order is confirmed.
The sale will be considered valid only after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and immediately report any errors.
Any order placed on the HiBackpackers.com website constitutes the formation of a contract concluded at a distance between the Client and the Provider.
The Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
The Client can track the progress of their order on the website.
ARTICLE 4 - Payment Terms
The Services are payable in full at the time of ordering. Payment for the Services must be made by the
Client through one of the methods offered on the HiBackpackers.com website. The available payment
methods are: credit card, bank transfer, or any other method as indicated on the website.
The payment process is secure and encrypted to ensure the protection of the Client's financial information. The Provider does not store any credit card information, and all transactions are processed by trusted third-party payment processors.
The Client agrees to provide accurate and up-to-date payment information and to notify the Provider of any issues related to payment or payment method changes.
If the Client fails to pay for the Services within the established payment terms, the Provider reserves the right to suspend or cancel the order and the associated Services.
All prices are listed in euros (EUR) and include any applicable taxes. However, additional costs such as customs duties or other local taxes may apply, which are the sole responsibility of the Client.
In the case of a refund or cancellation, the payment will be returned to the same method used by the Client, excluding any fees incurred during the transaction.
ARTICLE 5 - Provision of Services
The Services ordered by the Client will be provided according to the following terms:
The travel planning services include the complete planning of personalized itineraries, the recommendation and booking of accommodations, flights, activities, and on-site transportation, depending on the chosen package.
The advice and recommendations are specifically offered for countries that have already been visited by the travel planner, including several destinations in Europe, South Asia, Oceania, and South America.
For other destinations, advice may be provided in collaboration with a network of experts.
The service is performed remotely, through electronic communication (email, phone calls, or video conferences) and the sending of digital documents (e.g., travel diaries, detailed itineraries, and practical tips).
The aforementioned Services will be provided within a maximum period of 7 to 15 days after the order is confirmed and payment is received. This timeframe depends on the complexity and personalization required, starting from the final confirmation of the Client’s order, as specified in these Terms and Conditions, to the address provided by the Client during the order on the HiBackpackers.com website.
The Provider commits to making their best efforts to deliver the Services ordered by the Client, within the framework of a best-efforts obligation and within the above-specified timelines.
If the ordered Services have not been provided within 7 days after the estimated delivery date, for any reason other than force majeure or the Client's actions, the sale of the Services may be canceled at the Client's written request, under the conditions set out in articles L 216-2, L 216-3, and L 241-4 of the French Consumer Code. The amounts paid by the Client will be refunded to them no later than fourteen days following the date of cancellation of the contract, excluding any compensation or withholding.
In case of a specific request from the Client regarding the conditions of providing the Services, duly accepted in writing by the Provider, the costs involved will be subject to a supplementary specific invoice.
Unless there are express reservations or claims made by the Client upon receipt of the Services, the Services will be deemed compliant with the order in terms of quantity and quality.
The Client has a period of 15 days from the provision of the Services to file a claim. Any claim must be made in writing and sent by email, with all relevant supporting documents, to the Provider.
No claim can be validly accepted if these formalities and deadlines are not respected by the Client.
The Provider will reimburse or rectify, as soon as possible and at their own expense, the Services whose non-compliance has been duly proven by the Client.
ARTICLE 6 - Right of Withdrawal
Given the nature of the Services provided, orders placed by the Client do not benefit from the right of
withdrawal.
The contract is therefore concluded definitively as soon as the order is placed by the Client in accordance with the terms specified in these Terms and Conditions.
ARTICLE 7 - Provider's Responsibility - Guarantees
The Provider guarantees, in accordance with legal provisions and without additional payment, the Client against any defects in conformity or hidden defects arising from a design or execution flaw in the Services ordered, under the following conditions and terms:
Legal Warranty Provisions
Article L217-4 of the Consumer Code
"The seller is obliged to deliver goods that conform to the contract and is responsible for any defects in conformity existing at the time of delivery. The seller is also responsible for defects in conformity arising from packaging, assembly instructions, or installation when it is the seller's responsibility under the contract or when it has been carried out under the seller's responsibility."
Article L217-5 of the Consumer Code
"The good is conforming to the contract:
1° If it is fit for the usual use expected of a similar good and, where applicable:
if it corresponds to the description given by the seller and possesses the qualities presented by the seller to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect given the public declarations made by the seller, the manufacturer, or its representative, especially in advertisements or labeling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, made known to the seller, and accepted by them."
Article L217-12 of the Consumer Code
"The action resulting from a defect in conformity is prescribed within two years from the delivery of the goods."
Article L217-16 of the Consumer Code
"When the buyer requests the seller, during the term of the commercial guarantee granted to them during the acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days will be added to the remaining duration of the warranty. This period starts from the buyer's request for intervention or the availability of the good for repair if the availability is subsequent to the request for intervention."
To assert their rights, the Client must inform the Provider, in writing (via email or mail), of the existence of any defects or non-conformities.
The Provider will refund or correct (to the extent possible) the defective services as soon as possible and no later than 30 days following the Provider’s acknowledgment of the defect or flaw. This refund may be made via bank transfer or check.
The Provider's warranty is limited to the refund of the Services actually paid for by the Client.
The Provider cannot be held responsible or deemed in breach for any delay or non-performance resulting from the occurrence of a force majeure event, as commonly recognized by French jurisprudence.
The Services provided via the Provider’s website are in compliance with the regulations in force in France. The Provider's responsibility cannot be engaged if the legislation of the country where the Services are provided is not complied with, as it is the Client's sole responsibility to verify this when choosing the requested Services.
ARTICLE 8 - Personal Data
The Client is informed that the collection of their personal data is necessary for the sale of Services and
their execution and delivery, entrusted to the Provider. This personal data is collected solely for the
purpose of fulfilling the service contract.
8.1 Collection of Personal Data
The personal data collected on the HiBackpackers.com website are as follows:
Order of Services:
When the Client orders Services:
First name, last name, postal address, phone number, and email address.
Payment:
In the context of payment for Services offered on the HiBackpackers.com website, financial data related to the Client's/ user's bank account or credit card are recorded.
8.2 Recipients of Personal Data
The personal data is used by the Service Provider and its co-contractors for the execution of the
contract and to ensure the effectiveness of the service provision, its fulfillment, and delivery.
The category(ies) of co-contractor(s) are:
Payment service providers
The data controller is the Service Provider, as defined by the Data Protection Act and, from May 25, 2018, by Regulation 2016/679 on the protection of personal data.
8.4 Limitation of Processing
Unless the Client provides explicit consent, their personal data will not be used for advertising or
marketing purposes.
8.5 Data Retention Period
The Service Provider will retain the collected data for a period of 5 years, covering the duration of the
applicable statute of limitations for contractual civil liability.
8.6 Security and Confidentiality
The Service Provider implements organizational, technical, software, and physical measures for digital
security to protect personal data against alterations, destructions, and unauthorized access. However, it
should be noted that the Internet is not a completely secure environment, and the Service Provider
cannot guarantee the security of the transmission or storage of information over the Internet.
8.7 Implementation of Clients and Users' Rights
In accordance with the applicable regulations regarding personal data, Clients and users of the HiBackpackers.com website have the following rights:
They can update or delete the data concerning them in the following ways:
Request by Email: Clients can send a request by email to have their data deleted. We are committed to responding to all requests within one month.
They can delete their account by writing to the email address indicated in section 9.3 "Data Controller."
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in section 9.3 "Data Controller."
If the personal data held by the Service Provider is inaccurate, they can request that the information be updated by writing to the address indicated in section 9.3 "Data Controller."
They can request the deletion of their personal data in accordance with the applicable data protection laws by writing to the address indicated in section 9.3 "Data Controller."
They can also request the portability of the data held by the Service Provider to another provider.
Finally, they can object to the processing of their data by the Service Provider.
These rights, provided they do not oppose the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are provided above.
The data controller must respond within a maximum period of one month.
In case of refusal to comply with the Client's request, the reason for the refusal must be provided.
The Client is informed that, in the event of refusal, they may file a complaint with the CNIL (3 Place de Fontenoy, 75007 PARIS) or take legal action.
The Client may be asked to check a box to indicate their consent to receive informational and promotional emails from the Service Provider. They will always have the option to withdraw their consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.
ARTICLE 9 - Intellectual Property
The content of the website HiBackpackers.com is the property of the Seller and its partners and is
protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of copyright infringement.
ARTICLE 10 - Governing Law - Language
These Terms and Conditions and the transactions resulting from them are governed by and subject to
French law.
These Terms and Conditions are written in French. In the event they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.
ARTICLE 11 - Disputes
For any complaints, please contact customer service at the postal or email address of the Provider
indicated in ARTICLE 1 of these Terms and Conditions.
The Client is informed that they can, in any case, resort to conventional mediation, through existing sector-specific mediation bodies or any alternative dispute resolution methods (e.g., conciliation) in case of a dispute.
In this case, the designated mediator is
_______________
_______________
_______________
Email : _______________.
The Client is also informed that they can also use the Online Dispute Resolution (ODR) platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
Any disputes arising from the purchase and sale transactions concluded under these Terms and
Conditions, which have not been resolved amicably between the seller or through mediation, will be
submitted to the competent courts in accordance with common law.