Applicable at 13 May 2013
Aéroport Toulouse-Blagnac is a limited liability company with Board of Directors and Supervisory Board, with capital of 148,000 euros and Head Office at Aéroport Toulouse-Blagnac - Bâtiment La Passerelle - CS 90103 - 31703 BLAGNAC CEDEX, France, registered in the TOULOUSE Trade & Companies Register under number 493 292 403 (hereinafter referred to as "ATB").
Article 1 – Definitions
The following terms used in the TU, in the Special Conditions and in the Legal Notices have the following meaning:
"ATB" designates the Aéroport Toulouse Blagnac company.
"Special Conditions" designates the Special Conditions applicable to each Service offered by ATB.
"Personal Account" designates the page accessible on the Site after the User has entered his Username and password. This page summarizes all the User's personal information.
"Registration Form" designates the form containing the User's personal data and his choices of method of payment.
"Partner" designates any e-services provider who has signed an agreement with ATB to offer e-services on the Site.
"Party" designates the User or ATB individually and the "Parties" designates the User and ATB collectively.
"e-Service" designates any service offered by ATB or one of its Partners on the Site.
"Service(s)" designate(s) any Service offered by ATB.
"Site" designates the Web site www.toulouse.aeroport.fr published by ATB.
"User" designates any physical or legal person who browses on the Site and who possibly creates an account or reserves, orders or purchases one or more e-Services.
Article 2 – Purpose
The TU define the methods of using the Site and the access conditions by the User to the e-services.
The conditions applicable to each ATB Service are those figuring in the TU supplemented by the Special Conditions applicable to this Service:
- Special Conditions of the Car Park Services: see the Special Conditions of the Car Park Services
In case of contradiction between one of the provisions of the TU and the Special Conditions, the terms of the Special Conditions concerned shall prevail.
The conditions applicable to the e-services offered by the Partners are fixed by the Partners.
Article 3 – Registration conditions
To benefit from the commercial e-services the User shall, if he is a physical person acting in his own name or representing a legal person, be an adult having the legal capacity to contract and to use the Site in compliance with the TU.
The User is financially responsible for the use of the Site, both in his name and on behalf of third parties, including minors. The User guarantees the veracity and accuracy of the information provided.
Access to the e-services is reserved for Users who have registered, created a Personal Account on the Site and who have a valid e-mail address.
3.3 Creating the Personal Account
To create a Personal Account, the User must fill in the Registration Form accessible on the Site under the "Sign in" item. The User undertakes to fill in all the compulsory fields of the Registration Form and to provide ATB with correct, complete and up-to-date information. Failing this, ATB reserves the right to delete the User's Personal Account in the conditions of article 3.5 herein. The User undertakes to inform ATB of any changes affecting the veracity of the information communicated.
3.4 Username and password
To create his Personal Account the User is required to create a Username and password and to give a valid e-mail address. ATB reserves the right to require the User to change his Username and password, particularly for legal, technical or security reasons. The Username and password are strictly confidential and for personal usage only. Therefore, the User undertakes not to communicate them to anyone in any way whatsoever. The User is solely responsible for keeping them safe and shall be accountable for the acts and actions of any person using his Personal Account, even without his knowledge. The User is responsible for the use of his Personal Account. All connection, ordering of e-services or transmission of data from this Account shall be considered to have been done by the User and under his entire responsibility. In the event of the loss or theft of the Username and/or password or their misappropriation by a third party, the User undertakes to inform ATB as soon as possible at the following address as soon as he knowledge of this: http://www.toulouse.aeroport.fr/contact or by letter to: Aéroport Toulouse-Blagnac – Direction Marketing BP 90103 - 31703 Blagnac Cedex, France
3.5 – Deletion of the Personal Account
If the User fails to comply with the TU and/or with the Special Conditions applicable to the Service subscribed by the User, ATB reserves the right to delete the User's Personal Account unilaterally without compensation, after formal notice sent to the User by e-mail and which has remained without effect for forty eight (48) hours after its reception. In the event of the loss or theft of the Username and/or password, or their misappropriation by a third party declared by the User, ATB will delete the ¨Personal Account as soon as possible without prior formalities.
Article 4 – Right of withdrawal
The procedures relating to the right of withdrawal by the User in his capacity as consumer in the sense of the French Consumer Code or, where applicable, the absence of such a right, are stipulated for each Service in the Special Conditions relating to this Service.
Article 5 – Financial provisions
The tariffs for the Services are indicated in euros, inclusive of all taxes. The Service provided shall be billed at the current rate at the time of subscription to the Service.
The conditions of payment are specific to each Service and are governed by the Special Conditions of the Service concerned.
5.3 Payment security
ATB has entrusted the management of the remote payments by Bank Card for the Services to the Crédit Lyonnais Bank. The on-line payment for the Services is by the Sherlock system of secure remote payment by Bank Card which is based on the use of SSL encryption and data transfer technology.
The User is informed that the stipulations relating to the fraudulent use of his Bank Card are those resulting from the agreement signed between the User and the banking establishment which issued the said Bank Card.
Article 6 – Conservation of personal data
ATB undertakes to respect the laws and regulations in force relating to the protection of privacy. The personal data communicated by the User when creating his Personal Account is necessary to open his Personal Account and to subscribe to the e-services. This personal data is confidential and will only be used to manage the Services and Customers.
The User has the right to delete his Personal Account. No personal data will then be kept by ATB other than that necessary for ATB to comply with its legal obligations.
In application of the French Data Protection Act no. 78-17 of 6 January 1978, the User has the right to access, rectify and delete the personal data concerning him. The User can exercise this right by contacting the Legal Department by e-mail: email@example.com or by letter to: Aéroport Toulouse-Blagnac Direction Juridique - BP 90103 - 31703 Blagnac Cedex France.
Article 7 – Intellectual Property
The images, texts, programs and other components of the Site are protected by intellectual property rights. Any total or partial representation of the Site or its content, by any process whatsoever, without the express prior authorization of ATB is prohibited and constitutes an act of infringement in the sense of articles L. 335-2 et seq. of the French Intellectual Property Code.
Article 8 – Responsibility
8.1 Use of the Site
ATB provides no performance guarantee for the Site or for the availability of the e-services. The responsibility of the Parties will be defined in the Special Conditions applicable to each service provided to the User by ATB.
ATB cannot be held liable for any damages or prejudice of any type whatsoever suffered by the User due to:
- the use of the Site;
- the content and/or the use of web sites linked to the Site or to which the users may have access via the Site;
- the impossibility to access the Site;
- Site omissions, modifications and/or updates.
8.2 E-services provided by the Partners
ATB's responsibility for the e-services offered by its Partners is limited to that of an on-line agent. Consequently, all operations, orders and browsing related to a service provided by a Partner are carried out under the direct responsibility of this Partner and directly with him. Therefore ATB's responsibility cannot be committed or sought.
8.2.1 Liligo -Findworks Technologies "Flights", "Stays", "Weekends" and "Hotels" search engines:
ATB and Findworks Technologies have signed a partnership contract by which ATB makes available on its Site the search engines and price comparisons operated by Liligo / Findworks Technologies. These e-services are not designed or intended to allow the on-line purchase of products or services on the Site. Liligo is a search service offering, in particular, information on the prices and features of flights and stays when departing from and arriving at Toulouse Blagnac airport. The search is performed automatically by Liligo with travel agencies and airlines which are Liligo partners. The reservation, purchase and delivery of air tickets or any other requests concerning these operations takes place directly with Liligo's partners. They are solely responsible for all requests, loss or damages relating to the products or services they offer. Findworks' General Terms and Conditions can be consulted on the Liligo web site - Liligo is a service operated by Findworks Technologies.
Article 9 – Miscellaneous provisions
9.1 Convention in relation to proof
The User, in his contractual relations with ATB recognizes the validity and legal force of the e-mails exchanged between the Parties and of the electronic records made on the Site.
9.2 ATB shall not be held liable or considered as having failed to fulfil the provisions of the TU and of the Special Conditions, for any delays or nonfulfillment when the cause of the delay or nonfulfillment results from a case of force majeure as defined by the case-law of the French Courts or from any other event rendering the fulfilment of a Service impossible.
9.3 Partial invalidity
Any provision of the TU or of the Special Conditions which is declared null and void or unlawful by a competent judge shall be invalidated. The invalidity of such a provision shall not affect the other provisions of the TU or of the Special Conditions, or affect their validity as a whole or their legal effects.
9.4 Applicable law and assignment of jurisdiction
The TU herein and the Special Conditions are subject to French law in case of disputes concerning their formation, interpretation and execution, the Parties agree to seek an out-of-court solution. If an out-of-court solution cannot be found, the Parties shall submit the said dispute to the competent French Courts. The Parties agree that any dispute relating to the formation, interpretation and execution of the TU and of the Special Conditions shall be brought before a competent Toulouse Court of law.