Terms and Conditions of Sale

1. Preamble

On the occasion of the cycling events it organizes (the Events), Amaury Sport Organisation (A.S.O.) is offering legal entities (the Client), via its internet platform https://www.aso-hospitalite.fr/en (the Site), the purchase of accesses to the hospitality programs set in the frame of the Events (the Programs). The Client wished to purchase accesses to the Programs. To this end, A.S.O. and the Client (the Parties) have decided to enter into a contract (the Contract).

The Contract comprises, in descending order of importance, the pro-forma invoice (the Invoice), these general terms and conditions (the General Terms and Conditions) and the commercial offer, which form an indivisible whole. In the event of any contradiction between the contractual documents, the Invoice shall prevail over the General Terms and Conditions.

The Contract, of which this preamble forms an integral part, governs the relationship between the Parties with regard to the subject matter hereof. It replaces any document and oral or written agreement exchanged between the Parties prior to its conclusion and relating to its subject matter.

2. Purchase of the accesses to the Programs

2.1. Purchase method

The accesses to the Programs shall be ordered via the Site.

Accesses to the Programs may only be purchased for one Event at a time.

A.S.O. reserves the right to refuse an order placed by a Client whose activities are linked to or promote, in any form whatsoever, a political, philosophical, moral or religious opinion, or which are likely to damage the image or smooth running of the Program and/or the Event.

2.2. Price and payments terms

2.2.1. Price are indicated in euros, tax excluded.

A.S.O. reserves the right to modify its prices at any time but the accesses to the Programs will be invoiced on the basis of the rates in force at the time the order is placed.

For certain Events, A.S.O. will offer the Client the possibility of making a donation to an association chosen by A.S.O. The amount of the donation will be left to the Client’s discretion and will appear on the Invoice, without VAT.

2.2.2. In return for the accesses to the Programs, the Client shall pay A.S.O. the lump sum stipulated on the Invoice in euros, increased by any tax due on the day of payment.

Full payment must be made in euros, including VAT, no later than 8 (eight) calendar days before the date of the Program covered by the order.

Payment may only be made by bank transfer or by cheque.

2.2.3. Any delay or failure to pay shall constitute a breach by the Client, unless the Client can establish the existence of a case of force majeure, and shall result in the cancellation of the order for the Program and the immediate termination of the Contract ipso jure, without legal formalities and without prejudice to any damages.

2.3. Commitment

2.3.1. Full and complete payment of the Invoice constitutes express acceptance of all operations carried out on the Site and makes the sale firm and definitive.

2.3.2. The Client declares that he has read and accepted these General Terms and Conditions before paying the Invoice. Payment therefore constitutes acceptance of the General Terms and Conditions.

2.3.3. Any commitment made by the Client is firm and final and may not be reimbursed for any reason whatsoever.

2.3.4. The Customer may not claim any compensation or financial indemnity in the event that, for any reason whatsoever, it does not use all or part of the accesses to the Programs.

3. Obligations of A.S.O.

A.S.O. undertakes to provide the Client with the accesses to the Programs directly or through the intermediary of third party service providers.

4. Obligations of the Client

4.1. Purpose

The accesses to the Programs are intended for the Client's customers, prospects, collaborators (employees, agents, volunteers…), natural persons (the Guests) for their personal use.

The Client declares that he is not a sports event professional and does not obtain or use the accesses to the Programs for professional or commercial purposes or, in general, in order to make an economic profit from them. Consequently, the Client undertakes not to transfer, in any way or for any purpose whatsoever, in whole or in part, the accesses to the Programs.

4.2. Access to the Programs and/or the Event

No invitation issued by the Client may be considered as valid access to the Program and/or the Event. Only the invitations issued by A.S.O. or its service providers will allow access to the Program and/or the Event.

A.S.O. reserves the right to refuse access and/or expel from the Program and/or the Event any person whose behavior is likely to inconvenience the organizers, participants, spectators, service providers or customers or disrupt the smooth running of the Program and/or the Event.

4.3. Communication – visibility

4.3.1. The Client and the Guests agree to be filmed and/or photographed and that their image reproduced in this way may be freely used to refer to the Event by A.S.O. or its successors in title or assigns on any support whatsoever for a period of 5 years from the date of the order, for any purpose including for information, promotional and/or commercial purposes. The Client guarantees to have obtained the consent of these Guests for such use of their image.

4.3.2. Unless express authorization is granted by A.S.O. to the Client, in a separate contract and within the strict framework of this authorization, the Client shall ensure that it and the Guests comply with the following provisions:

(i) It is forbidden to capture and use in any form and for any use whatsoever - other than strictly for personal use within a restricted circle - any still or moving image representing all or part of the Program and/or the Event;

(ii) It is forbidden to distribute and/or sell to Guests and/or to any third parties any products and/or services within the Program and/or the Event;

(iii) It is forbidden to display any commercial brand in any form whatsoever (banners, signs, clothing, promotional items, etc.) on or around the site of the Program and/or the Event.

4.4. Safety instructions

The Client and the Guests undertake to comply with all safety instructions, particularly those relating to health, issued by A.S.O.

In the event that the Program includes a helicopter flight, the Client and their Guests expressly acknowledge and agree that (i) the helicopter’s loading capacity is determined solely at the discretion of the pilot in command, and (ii) the latter retains full control of the aircraft and has absolute discretion regarding the flight and the aircraft’s landing location.

In the event that the Client uses their own vehicles and drivers to reach the drop zones, the Client undertakes to ensure the proper conduct of their drivers, to comply with and to ensure their drivers’ compliance with the Event’s traffic and safety rules, to remain uninvolved in all matters relating to the Event and its participants, and under no circumstances to disrupt its proceedings.

5. Secret and Confidentiality

The Client undertakes not to make any statement likely to damage the image of A.S.O., of the Program and/or the Event.

The Client undertakes to observe strict confidentiality and shall refrain from disclosing to anyone, for any reason whatsoever, any information that may have come to their knowledge in the course of the Contract relating to the Program, to the Event or, more generally, A.S.O.

Any reference to the Program and/or to the Event as well as any use by the Client of the logo of the Event or of any other distinctive sign relating to the Event or to A.S.O. as well as any use of terms such as "Supplier", "Partner", "Sponsor" of the Program and/or the Event is strictly prohibited. Failure to comply with this provision may result in the immediate termination of the Contract and the immediate payment of compensation set at 1/10th of the sums stipulated in the Contract, without prejudice to any additional compensation that A.S.O. may be required to claim for the damages incurred.

6. Client liability and insurances

The Client shall be responsible, for the entire duration of the Contract, for all actions of themselves or their Guests on or around the site of the Program and/or the Event.

The Customer is liable for any damage, harm, deterioration or deterioration of the hospitality area that may be noted by A.S.O. after it has been made available to the Customer. Consequently, the Customer undertakes to reimburse A.S.O., upon first request and upon presentation of supporting documents, for all costs incurred by A.S.O. in restoring this area to its original condition.

The Customer must immediately inform A.S.O. of any incident, bodily injury and/or material damage of any kind occurring in this area.

Furthermore, the Client undertakes to take out, at its own expense, and to maintain in force throughout the term of the Contract, insurance covering its civil liability and that of the Guests for all types of damage, whether physical, material or immaterial, direct or indirect, caused by it or by the Guests, and to provide proof of such insurance to A.S.O. upon request.

Material Damage: A.S.O. declines all responsibility in the event of damage (theft, breakage, loss…) to the personal properties of the Guests during Program and/or the Event. The Client and/or Guests will therefore not be able to take legal action against A.S.O. for any damage caused to the said personal properties. It is therefore the responsibility of the Client and/or each Guest, if he considers it necessary, to take out insurance covering these risks.

7. Termination

In the event of a breach by the Client or the Guests of any of the obligations set out herein, the Contract may be terminated by A.S.O. as of right, without any legal formalities, after formal notice to remedy the breach has been served on the Client by any conclusive means remained unfruitful; and this without prejudice for A.S.O. to any claim for damages. This formal notice may be of the order of an hour, depending on the nature of the failure or breach.

8. Force Majeure

The Parties expressly agree that A.S.O. may not be held liable if the Program and/or the Event is cancelled or interrupted due to force majeure. For the purposes hereof, the Parties agree to attribute the effects of force majeure to the following events: fire, climatic or political conditions making it impossible or very difficult to hold the Program and/or the Event and in particular : flood, epidemic (including COVID-19), terrorist attack (or threat of terrorist attack), hurricane, tornado, storm, thunderstorm, frost, hail unfavorable to the holding of the Program and/or the Event, earthquake, war, civil war, requisition, work stoppage, lock-out or strike of personnel and/or sportsmen necessary for the holding of the Program and/or the Event or for the transport of competitors or spectators, revolution, riots, crowd movements, legal moratorium, french “fait du prince”, withdrawal or suspension of administrative authorisations, withdrawal or suspension of authorisations to occupy the sites where the Program and/or the Event is held, theft of all or part of the equipment required to hold the Program and/or the Event, lack of electrical power, interruption or delay in transport or telecommunications, impossibility of retransmitting the Event by terrestrial hertzian waves, by cable or by satellite, conditions making it impossible or very difficult to maintain the safety of participants in the Event or spectators, substantial defection of participants in the Event.

9. Cancellation or interruption of the Program and/or the Event

In the event of cancellation and/or interruption of the Program and/or the Event for any reason whatsoever, in particular as a result of an event listed in article 8, the Client may not claim any reimbursement or payment of any compensation whatsoever and hereby waives all liability claims against A.S.O. for the purpose of obtaining damages on these grounds.

10. Intuitu personae

The Contract is concluded intuitu personae between the Parties. The Client's rights and obligations may not be assigned in whole or in part, delegated or transferred to a third party, by any means whatsoever, without A.S.O.'s express prior written consent.

11. Applicable law and jurisdictional competence

The Contract has been drawn up in French, which will in any event be considered to be the sole language of the Contract.

All of its provisions are governed by French law.

In the event of a dispute, an amicable solution will be sought before any legal action is taken by submitting a claim to A.S.O., by registered letter with acknowledgement of receipt, within ten (10) days of the dispute arising. Failing amicable settlement, any dispute to which the Contract may give rise shall be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal.

12. Miscellaneous

No tolerance on the part of A.S.O., even if repeated, shall constitute a waiver of any of the provisions of the Contract.

In the event of the invalidity of any of the provisions of the Contract, the Parties shall search in good faith for valid equivalent provisions. In any event, the other terms and provisions of the Contract shall remain in force.es rechercheront de bonne foi des dispositions équivalentes valables. En tout état de cause, les autres conditions et dispositions du Contrat demeureront en vigueur.