TERMS AND CONDITIONS OF SALE
ARTICLE 1 – PURPOSE AND SCOPE
These Terms and Conditions of Sale (hereinafter "Terms") govern all services offered by Samay Travel to its clients (hereinafter "the Client").
Samay Travel is an independent travel planning business. It offers consulting, support, and custom travel itinerary design services. It is in no way a travel agency within the meaning of the French Tourism Code ("Code du tourisme"), and does not sell tourism services, make bookings, or collect payments on behalf of third parties.
Any order for services implies full and unconditional acceptance of these Terms by the Client.
ARTICLE 2 – LEGAL INFORMATION
Company name: Samay Travel
Legal status: [to be completed upon registration]
Registration number (SIRET): [to be completed]
Registered office address: [to be completed]
Country of establishment: France
Responsible party: Melany Saravelli
Contact: hello@samay-travel.com
ARTICLE 3 – DESCRIPTION OF SERVICES
Samay Travel offers personalized travel planning services, consisting of research, structuring, and design of custom travel itineraries, as well as advice and support throughout the project.
Services notably include:
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Creating a detailed itinerary
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Selecting transportation options
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Selecting accommodations
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Selecting activities and experiences
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Delivering a personalized travel journal
Samay Travel's services constitute an obligation of means, not an obligation of result. Samay Travel undertakes to use its full expertise and professional diligence to provide suitable recommendations, without being able to guarantee a specific outcome linked to factors beyond its control. All recommendations and deliverables provided are advisory in nature. The Client remains solely responsible for the choices made and the bookings carried out.
ARTICLE 4 – DELIVERABLES
4.1 Nature of deliverables
The deliverables included in the service are defined in the quote accepted by the Client. Depending on the project, they may include:
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A proposed itinerary
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A day-by-day schedule
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A selection of accommodations
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A selection of transportation options
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A selection of activities
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A final travel journal
The exact content of the deliverables is specified in the quote. Any deliverable not mentioned in the quote is excluded from the service. All deliverables are provided as recommendations. Samay Travel does not make any bookings and is not a party to any contract concluded between the Client and third-party providers.
4.2 Order of delivery
The order in which deliverables are provided is agreed between Samay Travel and the Client, based on the project, and may be adapted according to the project's needs.
The Client may not demand early delivery of a deliverable before it is ready or before the corresponding delivery conditions have been met. Any early delivery exceptionally granted by Samay Travel does not constitute final validation or any additional commitment on its part.
4.3 Delivery conditions
The delivery of each deliverable is conditional upon payment of the corresponding installment, as defined in the quote or in any written amendment. No deliverable will be provided in the event of non-payment.
4.4 Final travel journal
The travel journal constitutes the final deliverable of the service. It is provided to the Client once:
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All stages of the service have been completed
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All bookings have been made by the Client
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Full payment for the service has been received by Samay Travel
Delivery of the travel journal marks the end of the design phase of the service. The assistance provided for in Article 8 then takes over for the duration of the trip.
4.5 Travel journal printing option
Printing of the travel journal is not included in the standard service. It may be offered as a paid option, carried out by a third-party provider. Samay Travel is not responsible for printing defects, manufacturing delays, or delivery issues attributable to the printing provider.
4.6 Revisions to deliverables
The exchanges and adjustments needed to satisfy the Client are an integral part of the service and are included up until each stage is validated.
The final travel journal constitutes the definitive deliverable that closes out the design service. It is prepared once all choices have been confirmed by the Client and is not subject to any modification after delivery, except in the case of a factual error attributable to Samay Travel. Any request for substantial modification made after the service has been closed out may be subject to an additional quote.
ARTICLE 5 – PERFORMANCE OF THE ENGAGEMENT
The proper performance of the service relies on the Client's active collaboration, in particular by providing accurate information and validating proposals within a reasonable timeframe.
In the event of prolonged lack of response, repeated delays, or failure to validate essential elements (accommodations, transportation, activities, etc.), Samay Travel cannot be held responsible for the consequences of such delays, including the unavailability of certain options, price increases, or the inability to finalize arrangements within the desired timeframe.
The Client is informed of the need to review and act on the links and options provided by Samay Travel as soon as possible after receiving them, as prices and availability may change rapidly.
ARTICLE 6 – À LA CARTE SERVICES
In addition to its full packages, Samay Travel offers à la carte services, defined case by case through a specific quote. Each à la carte service is subject to a separate quote, a separate deliverable, and a standalone agreement. Samay Travel is under no obligation of continuity between two separate à la carte services. Acceptance of an à la carte service creates no right for the Client to obtain any further or subsequent service.
ARTICLE 7 – QUOTES AND PAYMENT TERMS
7.1 Quotes
Every quote issued by Samay Travel states its period of validity. Once this period has expired, the quote is considered void and Samay Travel is released from its obligations. Samay Travel reserves the right to revise the quote after this period. Samay Travel confirms acceptance of the order by email. Until this confirmation is sent, Samay Travel remains free not to accept the engagement.
7.2 General terms
Payment for the service is due in full at the time of the order, before any work begins on the part of Samay Travel.
Accepted payment methods: Stripe / Bank transfer
7.3 Non-payment
Any non-payment results in the immediate suspension of the service. Deliverables are only provided once the corresponding payment has actually been received.
7.4 Alternative payment arrangements
Any payment arrangement that differs from these Terms — including installment payments — must be the subject of a written amendment signed by both parties. Such an amendment takes precedence over these Terms for the service in question. No verbal arrangement may be enforced against Samay Travel in the absence of such an amendment.
ARTICLE 8 – CLIENT SUPPORT
8.1 Scope of support
Samay Travel provides included support, available before and during the trip.
Support is provided via any communication channel designated by Samay Travel, during business days, taking into account any time difference. The Client may not demand an immediate response. Samay Travel undertakes to respond within a reasonable period of 48 business hours.
8.2 What support covers
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Questions relating to the recommendations and deliverables provided by Samay Travel
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Clarifications regarding the itinerary provided
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Occasional support in the event of issues with providers explicitly recommended by Samay Travel in the deliverables
8.3 What support does not cover
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Any request made after the Client's return
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Incidents, disputes, or issues related to providers not recommended by Samay Travel
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Requests for substantial modification of the itinerary after delivery of the travel journal
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Medical, consular emergencies, or matters falling under local authorities
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Dealings with third-party providers, airlines, or insurers
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Requests for booking or direct intervention with any party
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Any request falling outside the scope of the original service without a prior written amendment
8.4 Volume and frequency
Support constitutes occasional, reasonable assistance. It does not constitute permanent availability on the part of Samay Travel. Samay Travel reserves the right not to respond to excessive or clearly abusive requests.
ARTICLE 9 – LIABILITY AND LIMITATION OF LIABILITY
9.1 Capacity as travel planner
Samay Travel acts exclusively as an independent travel consultant. It is not a travel agency within the meaning of the French Tourism Code and is not a party to any contract concluded between the Client and tourism providers (accommodations, airlines, carriers, activity providers, etc.).
9.2 Liability of third-party providers
Samay Travel is not liable for:
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Services booked directly by the Client with third-party providers, whether or not recommended by Samay Travel
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Changes, cancellations, delays, closures, bankruptcies, incidents, or failures attributable to these providers
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Final decisions made by the Client regarding their bookings
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Consequences resulting from booking errors made by the Client
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Price changes occurring between Samay Travel's recommendation and the Client's actual booking
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The unavailability of a recommended accommodation, transport option, or activity at the time the Client wishes to book it
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Weather, political, health, or security conditions affecting the trip
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Inaccurate or outdated information published by third-party providers, tourism offices, or other third-party sources consulted as part of the service
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Any harm resulting from the Client's failure to follow the recommendations set out in the deliverables
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Consequences related to the absence or inadequacy of travel insurance taken out by the Client
Under no circumstances shall Samay Travel's liability exceed the amount actually received for the service in question.
9.3 Travel insurance
Samay Travel may recommend travel insurance for informational purposes only. Taking out any insurance remains the sole responsibility of the Client. Samay Travel is not responsible for claim refusals, coverage exclusions, or disputes related to insurance policies taken out by the Client.
9.4 Client responsibilities
The Client is solely responsible for:
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Their bookings with providers, including their accuracy and confirmation
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The validity and compliance of their administrative documents (passport, visa, exit permits, health documents, etc.)
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Taking out insurance suited to their trip, including cancellation, repatriation, and liability coverage
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Complying with entry and stay requirements in the countries visited, including applicable health or security requirements
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Verifying the information provided by providers at the time of booking
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Consequences resulting from inaccurate or incomplete information provided to Samay Travel as part of the service
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Complying with the booking deadlines recommended by Samay Travel
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Any decision made that contradicts the recommendations set out in the deliverables
ARTICLE 10 – RIGHT OF WITHDRAWAL, CANCELLATION, AND REFUNDS
10.1 Legal withdrawal period
In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Client has a period of 14 calendar days from the conclusion of the contract to exercise their right of withdrawal, without having to provide a reason.
The Client is informed of this right prior to signing the quote.
By signing the quote, the Client expressly waives this right under the conditions set out in Article 10.2
To exercise this right where the service has not yet begun, the Client must send their request by registered letter with acknowledgment of receipt to the following address: Samay Travel – [registered office address]
10.2 Waiver of the right of withdrawal
In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal is automatically forfeited if the service begins before the 14-day period expires, with the Client's express agreement.
This agreement is formalized by signing the quote, which expressly states the waiver of the right of withdrawal. By signing the quote, the Client acknowledges having been informed of their right of withdrawal and expressly authorizes Samay Travel to begin the service before this period expires.
10.3 No refunds outside the withdrawal period
Outside the legal withdrawal period, or where it has been waived under the conditions set out in Article 9.2 [see note above], no refund will be issued.
Exception: in the event of a proven failure by Samay Travel to provide the purchased service, in accordance with applicable legal provisions.
ARTICLE 11 – SUSPENSION AND TERMINATION OF SERVICE
The relationship between Samay Travel and the Client is based on mutual trust and respect.
In the event of a serious breach by the Client of their contractual obligations — including non-payment, refusal to provide information necessary for the service, or behavior that makes it impossible to continue a professional working relationship, such as disrespectful conduct, evident bad faith, or repeated abusive requests — Samay Travel reserves the right to suspend or terminate the service, after informing the Client in writing.
In such cases, amounts already paid remain the property of Samay Travel for work already carried out.
ARTICLE 12 – PERSONAL DATA (GDPR)
12.1 Data controller
The data controller responsible for personal data processing is Samay Travel.
12.2 Data collected and purposes
As part of its services, Samay Travel collects and processes personal data concerning you, including: last name, first name, email address, phone number, travel preferences, and any dietary or medical constraints you may share.
This data is collected for the following purposes:
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Carrying out and following up on the service ordered
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Communicating with the Client (via Gmail and WhatsApp)
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Administrative and accounting management (via Stripe and bank transfer)
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Storing and organizing project information (via Google Drive and Notion)
12.3 Legal basis
Processing is based on the performance of the contract between Samay Travel and the Client.
12.4 Retention period
Data is retained for as long as necessary to carry out the service, then archived for 5 years from the closure of the service, in accordance with applicable legal accounting and tax obligations.
12.5 Data recipients
Data is not shared with third parties for commercial purposes. It may only be shared with the technical subcontractors necessary to carry out the service (cloud hosting, payment tools), in compliance with GDPR.
12.6 Client rights
In accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act ("loi Informatique et Libertés"), the Client has the following rights over their data: access, rectification, erasure, objection, restriction of processing, and portability.
To exercise these rights, the Client may send a request to: hello@samay-travel.com.
If you wish to file a complaint, you may contact the CNIL (French Data Protection Authority): www.cnil.fr.
ARTICLE 13 – INTELLECTUAL PROPERTY
All deliverables produced by Samay Travel (itineraries, travel journals, selections, documents, etc.) are protected under intellectual property law and remain the original creation of Samay Travel.
The Client is granted a personal, non-commercial, non-transferable license to use the deliverables provided as part of their service.
The Client is strictly prohibited from:
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Reproducing, distributing, or publishing this content, in whole or in part, on any medium whatsoever
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Reselling, transferring, or commercially exploiting this content
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Removing or altering any attribution notices
Any violation of these provisions engages the Client's liability and may result in legal proceedings as well as a claim for damages, without prejudice to any other legal action Samay Travel reserves the right to pursue.
ARTICLE 14 – FORCE MAJEURE
Samay Travel cannot be held responsible for any failure or delay in performing its obligations in the event of a force majeure event within the meaning of Article 1218 of the French Civil Code, including: natural disasters, epidemics, wars, acts of terrorism, general strikes, or failures of IT or communication networks beyond its control.
In the event of force majeure, Samay Travel undertakes to inform the Client as soon as possible and to seek, to the extent possible, a suitable solution.
ARTICLE 15 – AMENDMENTS TO THESE TERMS
Samay Travel reserves the right to amend these Terms at any time. The new Terms will apply to any order placed after they are published online. Services in progress at the time of an amendment remain governed by the Terms in effect at the time they were ordered.
ARTICLE 16 – PARTIAL INVALIDITY
Should any clause of these Terms be declared void or unenforceable under any legal or regulatory provision, it shall be deemed unwritten, without affecting the validity of the remaining clauses.
ARTICLE 17 – NO WAIVER
The fact that Samay Travel does not enforce any clause of these Terms at a given time shall not be interpreted as a waiver of its right to enforce it at a later time.
ARTICLE 18 – HIERARCHY OF CONTRACTUAL DOCUMENTS
In the event of a contradiction between contractual documents, the following hierarchy applies:
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The specific provisions of the quote accepted by the Client
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Any written amendment signed by both parties
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These Terms
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Written correspondence between the parties
Verbal agreements not confirmed in writing have no contractual value.
ARTICLE 19 – APPLICABLE LAW, MEDIATION, AND JURISDICTION
19.1 Applicable law
These Terms are governed by French law.
19.2 Amicable resolution
In the event of a dispute, the Client agrees to first contact Samay Travel to seek an amicable solution, by email at hello@samay-travel.com.
19.3 Consumer mediation
Should the amicable resolution fail, the Client may use the free services of an approved consumer mediator.
19.4 Competent jurisdiction
Failing an amicable resolution or resolution through mediation, any dispute relating to the interpretation or performance of these Terms shall be subject to the exclusive jurisdiction of the courts of the district in which Samay Travel's registered office is located.