General terms of sale

Preamble

These terms and conditions of sale are intended for consumers using the website of Kidays, www.kidays.fr. The list and description of the goods and services the company offers can be consulted on that site only.

The non-professional or consumer customer (hereinafter the "Customer") acknowledges having been given, clearly and comprehensibly and before any immediate purchase, order or conclusion of the contract, these terms and conditions of sale and all the information listed in article L. 221-5 of the French Consumer Code.

As these terms may be amended in future, the version applicable to the Customer's purchase is the one in force on the day the contract is concluded. They apply to the exclusion of all other terms, in particular those applying to other sales channels for the services.

The main features of the services are set out in the provider's catalogue (hereinafter "Kidays" or the "Provider"). The Customer must read them before placing any order. Choosing and purchasing a service is the Customer's sole responsibility. Confirming an order for services constitutes unreserved acceptance of these terms and conditions of sale.

Company information

Kidays, a simplified joint-stock company with share capital of €590.00 — Paris Trade and Companies Register. SIREN: 902 330 182. SIRET: 902 330 182 00012. VAT number: FR15902330182. Registered office: 20 B rue Hippolyte Maindron, 75014 Paris.

Customer service: if you wish to contact our customer service for any reason (information, complaint, advice), you can reach us by email at [email protected], by telephone on 06 64 73 43 45, or by post at Kidays – 20 B rue Hippolyte Maindron, 75014 Paris.

Article 1 – Booking

Bookings are made once Kidays' management has issued a quote, sent by email or by post. A signature together with the words "bon pour accord" (agreed) on that quote is required for any official booking.

Article 2 – Supervision standards

To keep children safe during the services it provides, Kidays applies nationally established supervision standards, namely: 1 host per 8 children (aged 4 to 6 inclusive) and 1 host per 12 children (aged 6 to 12 inclusive).

Before each event, the Customer must give Kidays a list stating the exact number of children attending, their ages, any allergies (contact, animal, food and so on) and any other medical, mental or behavioural conditions.

If more children attend than were listed before the event, Kidays cannot be held liable on any grounds should an incident occur on the day. Where a parent decides not to entrust their child to the Kidays team, or wishes to resume supervision during the activity or before the end of the event, the Provider's team disclaims all responsibility for that child's safety.

Article 3 – Travel

Travel by members of the Provider's team is subject to a mileage allowance, which the Customer acknowledges and accepts.

The allowance applied on each quote is calculated from the distance between the event and the Paris offices. Kidays uses the concentric zone system of the Île-de-France public transport network: zone 3 – €15.00; zone 4 – €25.00; zone 5 – €50.00; beyond zone 5 – on quotation. Services starting from the Lyon offices are quoted individually.

Article 4 – The activities

Kidays supplies all the play equipment needed to run the activities. For birthday parties, themes are agreed in advance between the Customer and the Provider.

Article 5 – Wellbeing and safety

The children's wellbeing is essential to the event running well. Each parent must therefore tell the "host" parent about anything relevant, such as a contagious illness, head lice, verrucas and so on.

Hosts may under no circumstances administer medication to children. That is for the parents to handle before and/or during the event.

Under an obligation of means, the Provider looks after the safety of the children in its care throughout the event. The "host" parents must always be present and must assure the Provider that all safety measures have been put in place, as far as reasonably possible.

When the Kidays supervising team takes over, the Provider must be fully briefed on the measures in place, in particular to prevent falls or drowning where the venue includes a swimming pool, any possibility of a child wandering off where the venue is not enclosed, or any accident linked to a venue that invites climbing (furniture, private slides and swings and so on).

In the event of an accident, the "host" parents must contact the parents of the child concerned, and call the emergency services if the child's condition gives cause for concern.

Article 6 – Value added tax

The services offered by Kidays are quoted for individually. Prices are stated in euros, both excluding and including tax. The applicable VAT rate for a service is 20.00%.

Article 7 – Payment terms

Payment may be made by cheque, by bank transfer or in cash up to a limit of €1,000.00.

A deposit of 30.00% of the initial quote is required where the event needs a team of two hosts. Once the quote is signed the Customer's commitment is binding: the deposit remains due even if the event is cancelled. The balance is payable on the day of the event or within the following 7 days.

Should the Customer pay the sums due after the deadline set out above, late-payment penalties calculated at a monthly rate of 3% of the tax-inclusive price of the services accrue automatically and as of right to Kidays, without any formality or prior formal notice.

Article 8 – Cancellation and changes

If the event has to change for any reason, it is important to inform the Provider no later than 72 hours before the date of the event.

If the event is cancelled, Kidays will not refund the deposit received, even in a case of force majeure. Kidays will do its utmost to offer an alternative date, subject to availability. The services will be offered on the same terms as the original quote, with no additional charge.

Article 9 – Liability: equipment, venue, damage

It is understood that Kidays provides the services under an obligation of means. Kidays therefore uses its best efforts to select the best hosts, with the professional and educational skills required, but cannot guarantee that the service will be delivered by one specific, named host. The host running an event may therefore change right up until the activity begins.

Similarly, as the Site and the services are not designed for one particular Customer's specific needs and expectations, Kidays cannot guarantee that they meet the needs and expectations of every Customer.

Regarding activity equipment: any direct material damage caused by the Kidays host is covered by the public liability insurance of the host running the event. Any professional equipment belonging to the Provider that is damaged by a participant will be invoiced to the Customer at the new unit price excluding tax.

Regarding the venue: where an event takes place in a home or in offices, the Customer states and warrants that they hold all the necessary permissions to do so, and that they carry public liability insurance covering any damage to property or persons that may occur during the event.

Kidays cannot under any circumstances be held liable or called into question for damage to property caused by any of the children or adults present. The same applies to any personal injury suffered by anyone during the event.

Article 10 – Hygiene

Preventing accidents and occupational illness requires everyone to comply fully with all applicable hygiene and safety requirements. To that end, Kidays staff pay particular attention to the cleanliness of their hands, forearms and nails, which are kept as short and as well groomed as possible.

Article 11 – Complaints, governing law and mediation

Any dispute arising from the provision of services under these terms and conditions of sale — whether as to their validity, interpretation, performance, termination, consequences or aftermath — which cannot be settled amicably between Kidays and the Customer will be brought before the competent courts under ordinary law.

All clauses in these terms and conditions of sale, and all purchase and sale transactions covered by them, are governed by French law. The Customer is informed that they may in any event resort to conventional mediation, in particular through the French consumer mediation commission (Consumer Code, art. L 612-1) or the existing sector mediation bodies, or to any alternative dispute resolution method.

Article 12 – Intellectual property rights

Kidays retains ownership of all intellectual property rights in the studies, drawings, designs, prototypes and so on produced (even at the Customer's request) for the purpose of providing the services to the Customer. The Customer therefore undertakes not to reproduce or exploit those items without the Provider's prior express written authorisation, which the Provider may make subject to payment.

Article 13 – Personal data protection

13.1 Personal data belonging to the Customer remains the Customer's property. Kidays does not exploit or share that data commercially. Kidays undertakes to keep the data confidential, to make no copies of it beyond technical and backup requirements, and to use it only for statistical purposes or as required to perform the contract.

13.2 Reciprocally, the Customer undertakes to keep Kidays' documents and data entirely confidential.

13.3 Personal data collected from the Customer when the contract is concluded is subject to French law no. 78-17 of 6 January 1978 on data processing, data files and individual liberties, and to the European regulations in force. The Customer accordingly holds the rights of objection, access and rectification provided for in those texts.