The Owner is: **Open Antibes – SARL Le Petit Train**
Owner’s postal address: **34 BOULEVARD ALBERT 1ER CODEGA 06600 ANTIBES**
The website creator is: **Thomas Green**
The publication manager is: **Open Antibes**
Contact the publication manager: **info@open-antibes.com**
The publication manager is a legal entity
The Webmaster is: Thomas Green
Contact the Webmaster: greenweb.sas@gmail.com
The website host is: Titan Data Center – 1210 Chem. de la Plaine, 06250 Mougins
Passengers of Open Antibes acknowledge and accept the general conditions stated below as follows:
Open Antibes is a fully insured full-service transport company for passenger transportation.
Open Antibes is not responsible for delays or route changes caused by traffic conditions, accidents, breakdowns, construction, parades, and any other condition beyond our control. Routes and schedules may change at the request of local authorities and will not be subject to any refund, either in whole or in part.
Any minor must be accompanied by an adult authorized to accompany them.
For your safety, Open Antibes strongly recommends that its clients remain seated with their seatbelt fastened while our vehicles are in motion. Open Antibes is not responsible for items left on our buses or lost during your visit.
All email tickets must be printed before the tour or clearly shown via electronic devices and presented to the driver along with proof of identity. The Open Antibes tour ticket is valid only at the time and date specified on the vouchers or electronic tickets.
All sales are final: tickets cannot be exchanged or refunded by Open Antibes, except in the following cases: in the event of heavy rain or bad weather, tours will, in most cases, be rescheduled as soon as possible, with no total or partial refund. However, Open Antibes will allow tour tickets to be refundable if a refund is requested at least 48 hours before departure, minus a 10% administrative processing fee. No refund will be issued within 48 hours of the departure date. Any claim regarding an Open Antibes experience must be made in writing no later than 8 calendar days after the visit date and must include the ticket receipt for that visit. Refund requests will not be considered without proof of purchase, such as a printout of the Open Antibes Tour ticket, a credit card receipt, or a reproduction of a ticket from an electronic device. If Open Antibes must cancel a tour due to circumstances within its full control, a full refund will be granted to all customers scheduled for that tour.
Open Antibes drivers will make every effort to adhere to a precise schedule but do not guarantee the timing of departures or returns for Open Antibes tours.
We may, at our discretion, terminate the trip of any passenger whose behavior we find offensive or disruptive to the Open Antibes driver or other passengers, or who acts in a way that endangers the safety of the Open Antibes driver or other passengers, and Open Antibes assumes no further responsibility for that passenger.
All payment transactions for Open Antibes are processed by Stripe. Your credit/debit card and corresponding personal information may be collected by Stripe to process your order.
You agree to be responsible for all fees incurred by your use of the site, including all bookings. You expressly authorize Open Antibes and Stripe to charge the credit card you provided or indicated on your account for any unpaid charges due to Open Antibes. If the credit/debit cardholder for the bookings is not you, it is your responsibility to ensure that you have obtained their consent before entering details, and that this information, when used, is true.
– USE OF THE OPEN ANTIBES WEBSITE:
To purchase tours, products, or services using the payment method displayed on the Open Antibes website, you must be at least 18 years old. By using the Open Antibes website, you confirm that you have the legal authority to use the website. You confirm that all information provided on the site is true and accurate. We strongly recommend that you read this parental guidance article.
Unless otherwise indicated, Open Antibes grants you a limited, non-exclusive, non-transferable license to access, use and display the Open Antibes website and the materials provided for your personal and non-commercial use of the guided city tours, provided that you comply with these Terms and Conditions. You agree that the Open Antibes website contains information, data, software, photographs, videos, texts, fonts, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, and other materials (collectively, the “Content”) protected by copyrights, patents, trademarks, trade secrets, and/or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies.
The content or parts of the content may be protected by copyright under French copyright laws (and, where applicable, similar foreign laws). All trademarks appearing on the Open Antibes
website are trademarks of their respective owners. Our business partners, suppliers, advertisers, sponsors, licensors, subcontractors, and other third parties may also have additional content on the Open Antibes website. You may not modify, publish, transmit, distribute, perform, participate in the transfer, create derivative works, or exploit in any way, any content in whole or in part. When content is downloaded onto your computer (other than page caching), you do not acquire any rights to the content. This license does not include any resale or commercial use of the Open Antibes website or its content, any collection and use of product listings, descriptions, or prices; any derivative use of the Open Antibes website or its content; or any use of data gathering and extraction tools or similar data collection and extraction tools. The Open Antibes website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without Open Antibes’ written consent. You may not use our logo or any other proprietary information (including images, text, layout, or form) of Open Antibes. You may use any meta tags or other hidden text using the name or trademarks of Open Antibes, with Open Antibes’ written permission. Any unauthorized use shall terminate the permission or license granted by Open Antibes. You have a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of Open Antibes, its affiliates, or their products, but you may not link in such a way as to suggest any form of association, approval, or endorsement by Open Antibes without express written permission. You may not use any Open Antibes logo or other proprietary graphic to link to this site without express written permission.
– THIRD-PARTY CONTENT.
Regarding content provided by users or parties other than Open Antibes, Open Antibes is a distributor and not a publisher. Open Antibes has no more editorial control over third-party or user content than does a public library or newsstand. All opinions, advice, statements, services, offers, or other information expressed or made available as part of the content expressed or made available by third parties and not by Open Antibes are those of the respective authors or distributors and not of Open Antibes. Neither Open Antibes nor any third party, including a supplier or a user of the website, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for a particular purpose. In many cases, the content available on the website represents the opinions and judgments of the respective supplier or user not under contract with the website. Open Antibes does not endorse or is responsible for the accuracy or reliability of any opinions, advice, or statements made on the website by anyone other than Open Antibes’ authorized employees. Open Antibes shall not be liable in any event for any loss, damage, or injury caused by a user’s reliance on information obtained through the website. It is the user’s responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available on the website.
– ONLINE CONDUCT.
You acknowledge that all content posted, emailed, or otherwise transmitted to or on the website, whether posted at our request or voluntarily, publicly or privately (collectively, the “Submissions”), is the sole responsibility of the author of such Submissions. This means that you are entirely responsible for all Submissions that you post, email, or otherwise transmit to the website. We do not control the Submissions posted, emailed, or otherwise transmitted on the website by third parties and, as such, do not guarantee the accuracy, integrity, or quality of such Submissions. While we have adopted community standards and rules of conduct for users of the website (see below), you understand that by using the website, you may be exposed to Submissions that are offensive or objectionable. Under no circumstances shall we be liable in any way for any Submissions (other than content we have developed), including but not limited to any errors or omissions in any Submissions or for any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed, or otherwise transmitted to or through the website. Below is a partial list of types of illegal or prohibited behavior on the website. You agree not to use the website to:
Download, post, email, or otherwise transmit any Submission or other material that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, sexually explicit, profane, invasive of another’s privacy, hateful, or otherwise objectionable based on race, ethnicity, or otherwise (including, but not limited to), any material that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, national, international law or regulation.
Harm in any way the minors or solicit or attempt to obtain personally identifiable information from a minor;
Impersonate any person or entity, including but not limited to any user of the website, administrator, officer, employee,
shareholder, agent, or representative of Open Antibes, our affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Open Antibes, our affiliates, or any other person or entity.
Forge headers or manipulate identifiers in any other way to disguise the origin of any Submission or other material transmitted to the website or through it.
Download, post, email, or otherwise transmit any Submission or other material that you do not own or for which you do not have the right to download, post, email, or otherwise transmit, under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Download, post, email, or otherwise transmit any Submission or other material that infringes any patent, trademark, trade secret, copyright, right of privacy, or publicity right or any other property right of any party.
Download, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of commercial solicitation, except in those areas specifically designated for such purpose.
Download, post, email, or otherwise transmit any Submission or other material containing software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer.
– LIMITATION OF LIABILITY.
Users of the website (individually and collectively, the “User”) expressly acknowledge that use of the website is at their own risk. Neither Open Antibes, nor its employees or suppliers, warrant that the website will be uninterrupted or error-free nor do they make any representation or warranty regarding the use of the information provided on the website or the results obtained from the use of the information provided on the website, nor as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided on the website. Open Antibes does not endorse, recommend or sponsor, nor is it affiliated with any individual or entity listed or linked to on the website, unless expressly stated. Listing of any individual or entity does not constitute a medical referral of any kind. Users are encouraged to exercise their own judgment, discretion, and informed evaluation in the selection of all health care professionals and medical information. THE WEBSITE IS PROVIDED BY OPEN ANTIBES ON AN “AS IS” AND “AS AVAILABLE” BASIS. OPEN ANTIBES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR INDIVIDUALS INCLUDED ON OR OTHERWISE REFERRED TO ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OPEN ANTIBES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE PROVIDER OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, SHORTAGE OR BUSINESS INTERRUPTION, CONTRACT OR NEGLIGENCE, ARISING IN ANY WAY OUT OF ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR FROM THE USE OF THE INFORMATION OR RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF OPEN ANTIBES HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER ISSUE RELATING TO OUR WEBSITE. WITH RESPECT TO ANY DISPUTE, YOUR USE OF THE WEBSITE WILL CEASE. IN NO EVENT SHALL OPEN ANTIBES’ LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY OPEN ANTIBES, SUPPLIERS, OR SIMILAR, WILL CREATE A WARRANTY. THE USER SHOULD NOT RELY ON SUCH INFORMATION OR ADVICE. Under no circumstances shall Open Antibes or any other party involved in the creation, production, or distribution of the website be liable for any direct, indirect, incidental, special or consequential damages arising from the use or inability to use the website, including, but not limited to, the results of errors, omissions, interruptions, deletions of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure to perform, whether or not caused by natural disasters, communication failures, theft, destruction or unauthorized access to records, programs, or services of the website. The user acknowledges that this paragraph shall apply to all content, products, and services available on the website. In states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the maximum extent permitted by law. Any product, service, offer, content, and material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data resulting from the download of any
such product, service, offer, content, or material. Neither Open Antibes, nor any of our affiliates, nor any of our respective licensors, licensees, service providers, or suppliers make any warranties or representations regarding the use or results of the use of the products, offers, content, and items on the website in terms of their accuracy, reliability, or otherwise. No advice or information obtained by you from our staff or through the website shall create any warranty not expressly stated in these terms and conditions.
– COPYRIGHT.
Copyright © Open Antibes, SARL LE PETIT TRAIN. All rights reserved. All materials and content on the website (including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software), as well as the website itself, are protected elements owned exclusively by Open Antibes [or its content providers] and are protected by U.S. and international copyright laws. Open Antibes enforces its copyright rights to the fullest extent permitted by law and seeks civil and criminal remedies. All rights reserved.
– TRADEMARKS.
Open Antibes, Open-Antibes.com, and the logos and other trademarks mentioned on our website are the exclusive property and trademarks of SARL LE PETIT TRAIN, and Open Antibes reserves all rights, including all rights applicable under French and international trademark laws. All other trademarks not owned by Open Antibes that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Open Antibes.
– INDEMNITY.
You agree to defend, indemnify, and hold harmless Open Antibes and its suppliers from any claim, action, or demand, including, without limitation, reasonable legal and accounting fees, arising or resulting from your violation of these Terms and Conditions, and your other agreements that any violation of these Terms and Conditions constitutes a complete defense against any claim against you from Open Antibes, and that no liability may be attributed to Open Antibes in the event of such violation.
– GOVERNING LAW.
The website is created and controlled by Open Antibes, and Open Antibes operates in France. As such, French law will govern these disclaimers, terms, and conditions, without regard to the principles of conflicts of law. Open Antibes reserves the right to modify its website as well as these disclaimers, terms, and conditions at any time. The user irrevocably and unconditionally consents to submit to the jurisdiction of French courts for any dispute arising from or related to the use or purchase made through the website (and agrees not to initiate any litigation in connection therewith except in such courts), waiving any objection to the constitution of such litigation before French courts and agreeing not to plead or claim in a French court that such litigation brought there has been submitted to an inconvenient tribunal.
– MISCELLANEOUS TERMS.
In any action against us arising from the use of this website, the prevailing party shall be entitled to recover all legal fees incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney’s fees. Open Antibes reserves the right to modify the website, these policies, as well as these Terms of Use at any time, effective upon posting on this site. Please check these terms and conditions periodically. Furthermore, these Terms and Conditions may only be modified by our publishing of changes to these Terms and Conditions on this website or by a written agreement signed by both parties. Whenever you access this website, whether you have ordered city tours or not, you will be deemed to have accepted these changes. If any of these provisions is held to be invalid, void, or unenforceable for any reason, it shall be deemed divisible and shall not affect the validity or enforceability of the remaining provisions. These Terms and Conditions constitute the entire agreement between you and us regarding the subject matter hereof. We may assign our rights and obligations under these Terms and Conditions. These Terms and Conditions shall benefit our successors, assigns, and licensees. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions, or to exercise any right under these Terms and Conditions, shall not be construed as a waiver or relinquishment of that or any other right of that party to enforce or take advantage of such provision or right in that or any other instance; the same shall remain in full force and effect.
– PRODUCT AND/OR SERVICE FEEDBACK
Open-Antibes.com does wish to hear your feedback on various aspects of Open-Antibes.com’s existing activities. If you wish to send us your feedback, and we hope that you do, we ask that you simply send us an email at info@open-antibes.com. Please provide only specific feedback on existing products or marketing strategies of Open-Antibes.com; do not include any ideas that Open-Antibes.com’s policy prohibits it from receiving or considering. This is another way for Open-Antibes.com to learn how to best meet your needs.
– FEEDBACK AND INFORMATION
Any comments you provide on this site will be treated as non-confidential. Open-Antibes.com is free to use these comments without restriction.