Terms & Conditions
Auction Bay offer a new and fun way to book holidays,
Our goal is to connect our members / customers to tourism actors / operators to try new experiences and to be able to choose the price to pay for it.
The operators offer their services or products at a reduced reserve price and our members enjoy a new experience at the price they feel right.
It is also possible to offer services or products as a “buy now” option.
Our services :
We provide a platform that connects our members / customers to tourism operators via an auction system or BUY NOW.
We make sure that our system is trustworthy and safe.
We provide our members with a voucher with all the information to confirm the booking directly with the operator after winning the auction/buy now.
The company Auction Bay offers for sale, in the name and on behalf of its service providers, the following services:
• Accommodation services,
• Tourist packages,
• Tickets for shows, leisure or animal parks and sporting events,
• Meals (through restaurants and cafés or others)
• Well-being services,
• and more generally, products and services in the field of tourism, leisure and culture.
E-mail address: email@example.com
ARTICLE 1 - DEFINITIONS
For the purposes of these general conditions for the provision of services, the following words and expressions are understood as follows:
"TERMS AND CONDITIONS" refers to these general Terms and Conditions for the provision of services of Auction Bay .
"DESCRIPTION" means a page of the website or a document downloadable from the website presenting the characteristics of a given Service.
"AUCTION" means any purchase offer with a view to obtaining a Service offered by the User on the Site during the sale process.
“Buy Now” are also here referred to as Auction
“SERVICE PROVIDER / VENDORS / SUPPLIERS / OPERATORS” means the third party who provides the Service to the User who has won the sale.
"SERVICE" means a service such as the provision of accommodation, well-being, touristic packages or any other service in the field of Tourism and leisure and culture, offered for sale on the website , in the name and on behalf of the SERVICE PROVIDER.
“WEBSITE / SITE” designates the website https://www.auctionbay published by Auction Bay ltd
"VOUCHER" means the document with a confirmation code, issued by Auction Bay allowing the User who has won the Sale to benefit from the Service from the Service Provider.
"USER / MEMBER / CUSTOMER" means any consumer using the website to bid on a product/Service offered on the website, to the exclusion of any professional.
"RESERVE PRICE" means a minimum price not communicated to the User which must be reached in order to obtain the Service.
“STARTING PRICE” means the start price of an Auction
"SALE" means the sale of the SERVICE offered on the website, for the benefit of the USER who will have placed the highest BID with a view to obtaining the SERVICE, subject to reaching a possible RESERVE PRICE.
ARTICLE 2 - SCOPE OF APPLICATION
The terms and conditions are valid from 10/02/2021. This edition cancels and replaces previous versions of the terms and conditions.
It is imperative that the User carefully reads the terms and conditions which are accessible from the "Terms and conditions" page of the website. Auction Bays ltd recommends that the User download the Terms and conditions and / or print them and keep a copy prior to ordering.
The Terms and conditions may be supplemented by specific conditions appearing in the Description of the Service on the Auction Bay website and by the general conditions of services from the Service Providers, accessible either on their own website or on the Auction Bay ltd website
The fact that the User places an order on the website implies that he has read and accepted the Terms and conditions of Auction Bay ltd as well as, where applicable, the general and specific conditions of service of the Provider, before the placing of his order.
ARTICLE 3 - USER DECLARATIONS
The USER declares to have the legal capacity to contract with Auction Bays ltd - namely to have the legal majority - and not to be placed under a legal regime for the protection of adults.
The USER also declares to use the website in accordance with the Terms and conditions, in his name and on his behalf or on behalf of all the beneficiaries of the SERVICES ordered by him on the website of which he acknowledges to be the agent (hereinafter "the BENEFICIARIES" ) and to which the Terms and conditions will be enforceable.
The USER is responsible for the use of the SITE made both in his name and on behalf of the BENEFICIARIES, except to demonstrate a fraudulent use not resulting from any fault or negligence on his part.
The USER guarantees the veracity and accuracy of the information provided by him in his/her name and on behalf of all BENEFICIARIES using his/her data on the SITE.
Auction Bay ltd reserves the right at any time not to contract with a USER who uses the SITE fraudulently or who contravenes the Terms and conditions.
The USER undertakes not to leave a defamatory, abusive, hateful opinion or whose content is unrelated to the consumption of the offer to which he is linked.
Auction Bay ltd reserves the right not to publish a review that does not respect these conditions of use.
The USER declares to be informed and accepts that in the event of illegal behavior, inappropriate or contrary to public order and good morals on his part in the context of the use of a SERVICE or use of the SITE, Auction Bay reserves the right to temporarily or permanently deactivate, unilaterally and without compensation, its access to the SITE and to the AUCTION, and that any attempt to circumvent this suspension, in particular by creating a new user account, will result in 'subject to prosecution.
ARTICLE 4 - AUCTION TERMS / PLACING OF AN ORDER
4.1 - Identification of the user account
For any first AUCTION, the User must first create a user account and fill in the registration form provided for this purpose on the page. "Register" of the Site. It is also possible to register directly via your Facebook account or google account on this same page.
The opening of a user account via the form includes the entry of two (2) identifiers: an email address and a password.
The User is requested to complete the registration form, making sure to provide the necessary complete and accurate information and, if necessary, to update them in the event of subsequent modifications.
User identifiers are personal and must be kept confidential. The User agrees not to disclose them to a third party or to give them out.
The User is responsible for the use of his / her identifiers and, where applicable, it is his / her responsibility to immediately inform Auction Bay in writing of any use of his / her identifiers made without his knowledge so that Auction Bay proceeds to deactivate the identifiers.
As part of his / her request, the User must communicate to Auction Bay ltd his full identity as well as his username or customer number.
4.2 - AUCTION
Any AUCTION on the Site implies the possession of a valid e-mail address.
All of the steps necessary for carrying out an AUCTION via the Site are as follows:
1. The User carries out a search on the Site which will lead to the presentation of one or more offers of Services corresponding to his request.
2. The User clicks on the Service of his choice in order to access the Description.
3. The User places a BID or BUY NOW on the Service after having read the Terms and conditions and after having accepted them. Under this AUCTION placement, the USER explicitly acknowledges their obligation to pay in the event that their BID is the highest for the SERVICE considered, subject to reaching a possible RESERVE PRICE.
THE AUCTION can be carried out in two ways:
Manual AUCTION: the User bids a single amount, higher - if applicable - than the last AUCTION made. It is possible to carry out as many Manual BIDDINGS as desired for a Service,
Automatic BID: the User defines a maximum amount, greater - if applicable - than the last BID made. A BID of the minimum amount necessary is then made on its behalf. If necessary, Automatic BIDDINGS are then carried out on his behalf in order to allow the User to keep the highest BID amount, until the maximum amount defined is reached.
The amount of the Bidding for an Auction is framed by a minimum amount up to the reserve price being met.
Once the reserve price is met the bidder can freely choose the amount for the bid with a minimum of $1 on top of the previous bid.
Setting an auto-bid keeps you in the lead by placing a bid whenever you’re outbid, up to your chosen maximum amount.
In the event that an auto-bid is set up, the automatic BIDDING carried out follow the level system detailed in the table below up to your maximum bidding amount:
4.3 - Obtaining the Service / win the sale
The terms and conditions for obtaining the Service depend on the presence of a reserve price.
4.3.1. Service with a determined reserve
A reserve price can be given for any service. Except for “Buy Now” products / service
The User is warned of the presence of the Reserve Price in the Description of the Service, which also mentions whether the amount of the last AUCTION made is lower or has reached the amount of the Reserve Price.
At the end of a period set by Auction Bay ltd, the User who has offered the highest BID amount for the Service in question wins the SALE, provided that the Reserve Price has been reached. The SALE is then considered WON.
The USER's obligation to pay arises as soon as he wins the SALE.
In the event that the Reserve Price is not reached, the User cannot claim to benefit from the Service, even in the event that his last BID is the BID of the highest amount for the Service in question. The SALE, which is not then won, is put back into play.
4.3.1. Service without Reserve price determined
At the end of a period set by Auction Bay ltd to place one or more BIDS, the User who has offered the highest BID amount for the Service in question wins the SALE. The SALE is then considered Successful.
The USER's obligation to pay arises as soon as he wins the SALE.
4.4 - ORDER PAYMENT
1. Once the SALE is WON, Auction Bay ltd sends the User a confirmation email containing the Service chosen under the conditions of article 4.2 of the Terms and Conditions and the total price of the Service. The User must then ensure that all the information displayed is consistent with that provided because it cannot be modified after payment of the order.
2. The User will then proceed to payment for his order as soon as possible and at the latest within four (4) calendar days after winning the AUCTION, after having accepted the Terms and Conditions. If the terms and conditions are not accepted any order payment is impossible.
3. The User pays for his order online, under the conditions provided for in article 7.2 of the Terms and Conditions.
4. Upon receipt of this order, Auction Bay ltd SAS ensures its compliance and performs the preliminary checks necessary for the final validation of the order. Auction Bay ltd reserves the right not to act on the order placed by the User:
• in the event of orders exceeding the frequency needed by a non-professional and more generally in the event of an abnormal request or in bad faith from the User,
• in the event of information from the banking organization used by Auction Bay ltd of the impossibility of implementing the User's means of payment,
• and more generally in the event of a legitimate reason.
Once the checks have been carried out by Auction Bay ltd, an email will be sent to the User at the email address provided informing him of:
• either the reasoned refusal of the order,
• or the acceptance of the command.
5. If the order is accepted, Auction Bay ltd sends a Voucher by e-mail containing the essential elements of the contract such as operator information, booking instructions and all important information regarding your booking.
All the information appearing in the Voucher will be deemed to constitute the agreement between the User and Auction Bay ltd.
6. An invoice is sent by Auction Bay ltd to the User.
7. In accordance with article 8 of the Terms and Conditions, the User presents the Voucher to the Service Provider in order to be able to benefit from the Service.
ARTICLE 5 - PROVISION OF SERVICES
The Description specifies for each Service the elements it includes and any special conditions.
The Description also specifies the period of validity of the Voucher during which the User must imperatively benefit from the Service.
However the availability of the service depends on the operator availability.
The user will need to be flexible as it will depend on the availability of the operators.
The user AND the operator will find together the best date to accommodate the service.
In the event that the User does not use the service before the expiry date of said service, the User loses the benefit of the service and can not obtain a refund from Auction Bay ltd
If the User cannot benefit from the Service during the period of validity of the Voucher, for any reason other than force majeure or the act of the User, the sale may be canceled at the written request of the User
The sums paid by the User will then be returned to him as credit to be used for a future auction or buy now for 12 months following the date of termination of the contract by the User
The hypothesis where the User could not benefit from the Service on a particular date during the validity period of the Voucher, while the Service would otherwise be available on other dates, does not come within the scope of this resolution, insofar as the validity of the Voucher is limited to the number of daily places available for the Service.
ARTICLE 6 - CONDITIONS SPECIFIC TO TRAVEL AND STAYS
6.2 - User information
The Description appearing on the Site is intended to inform the User, prior to placing his order, of the content of the services offered relating to the stay, price and terms of payment, conditions of cancellation and modification of the trip. The User is invited to refer to the Description of the chosen trip or stay.
The description/pictures are provided for information purposes only, Auction Bay is not liable if the description is slightly different than the service offered.
6.4 - Accommodation
The number of stars or qualmarks rating attributed to the accommodation establishment appearing in the Description corresponds to a classification established with reference to local standards in New Zealand.
Auction Bay ltd strives to inform the User as precisely as possible about the conditions of your accommodation however we can not be responsible if the overall quality or rating has changed and has not been updated on the website
Auction Bay ltd informs that the rules applicable in terms of international hotels generally require that customers take possession of the rooms from 2 p.m. regardless of the time of arrival of the flight and vacate them before 10 a.m. at the earliest whatever or the schedule of the return flight.
For any hotel reservation, your arrival on site is scheduled for the beginning of the afternoon (from 2:30 p.m.) unless otherwise stated on your future travel documents. The room must be vacated by 10.00 am at the earliest on the day of your departure.
Therefore, if the User decides to take possession of his room or return it outside the times stipulated above, he may be billed for an additional night, without any reimbursement being made.
Accommodation services auctioned on the SITE are not accessible to minors, unless they are accompanied by at least one adult.
They depend on the chosen formula.
6.5.1 All inclusive: includes in addition to accommodation, breakfasts, lunches, dinners and usual drinks (mineral water, fruit juices, sodas, wines, local alcohol) generally from 10 a.m. to 10 p.m. Certain alcohols may not be included in the formula and be invoiced by the Service Provider.
6.5.2 Full board: includes in addition to accommodation, breakfasts, lunches and dinners, excluding drinks.
6.5.3 Half-board: includes in addition to accommodation, breakfasts and dinners or lunches as the case may be, without drinks.
6.5.4 Bed & Breakfast: includes in addition to accommodation, breakfast only
6.5.5 Bed Only: includes accommodation with no breakfast or meals or drinks.
6.5.6 In the context of full board or half board, drinks are not included, except for exceptions duly mentioned in the Description.
6.6 - Administrative and health formalities
Only a valid ID card or a valid passport can be used to travel. No other document can be used to travel, whether for an adult, a child or a baby.
As a general rule, a valid passport is essential for foreign destinations outside New Zealand. Some countries require that the validity of the passport be greater than six (6) months after the date of return and also that the User be in possession of a return ticket or an exit ticket and sufficient funds.
Auction Bay ltd cannot under any circumstances accept the registration of an unaccompanied minor. Consequently, Auction Bay ltd cannot be held responsible in the event that, despite this prohibition, an unaccompanied minor is registered, without their knowledge, on a trip, cruise or any product on the website.
Likewise, Auction Bay ltd informs Users that certain countries require that the passenger justify a subscription to assistance / repatriation insurance in order to issue the visa.
Auction Bay ltd intends to draw the User's attention to the fact that it is mandatory for him / her to be aware of any formalities to be carried out in order to get to the country of destination and, if applicable, of transit.
Auction Bay ltd also draws the User's attention to the need to be aware of the information relating to the health risks observed by the health authorities in the places of destination and transit as well as the recommendations and the health measures put in place against these. risks, before departure and during this stay. To do this, the User and the Beneficiaries must consult the safe travel website https://www.safetravel.govt.nz/
In addition, to prepare your trip properly, and whatever your nationality, Auction Bay ltd strongly recommends that you consult all the information on the countries to visit and on the administrative and health procedures to be carried out on the following websites https://www.safetravel.govt.nz/, without forgetting the countries that may be visited on the occasion of stopovers or transits.
The fulfillment of these formalities as well as the resulting costs are incumbent on the User.
The formalities mentioned on the site are intended for New Zealand nationals. Consequently, nationals of foreign countries must obtain information prior to their registration with the competent authorities of their country of origin, as well as the country or countries of destination and / or transit.
Between the publication of information on the site and the date of departure of the User, certain modifications are likely to occur. Auction Bay ltd therefore advises the User to consult the site just before leaving.
Finally, it is up to the User to scrupulously respect these formalities and to ensure that the names and surnames appearing on their travel documents (reservations, transport tickets, vouchers, etc.) correspond exactly to those which appear on their identity document, passport, visas, etc.
If due to non-compliance with these administrative or health formalities, the User was unable to embark or disembark, the price paid could not be refunded in any way. Likewise, Auction Bay ltd cannot bear the costs of fines and / or rights resulting from non-compliance with customs or health regulations in the countries visited.
6.7 - Modification or cancellation
6.7.1. Modification or cancellation by Auction Bay ltd
If an external event, binding on Auction Bay ltd requires Auction Bay ltd to modify or cancel an essential element of the contract concluded with the User, Auction Bay ltd will notify the User by any means enabling an acknowledgment of receipt to be obtained as quickly as possible and will suggest either a modification of the trip or a replacement trip. The User can then either accept the proposed modification or terminate the contract. The User who opts for termination may obtain full reimbursement of the sums paid or a credit. The User must communicate his decision (acceptance of the modification or termination) within a maximum period of seven (7) calendar days from receipt of the aforementioned information. In the absence of a response within this period, the User will be deemed to have accepted the proposed modification.
When a minimum number of participants is required to complete a tour or a trip and this number is not reached, Auction Bay ltd informs the User at least twenty-one (21) calendar days before departure date. Auction Bay ltd then offers the User a replacement solution (s) at the current rate or full reimbursement of the sums paid, without however being liable for any compensation or indemnity for the benefit of the User.
6.7.2. Modification or cancellation by the operator
Sometimes unforeseen circumstances happen. If the operator wishes to modify the user’s reservation, the user must agree to the new dates or service. If it is not possible and no other solution can be found, the user will receive a full reimbursement or a credit as the user wishes.
If the operator has to cancel the user’s booking and no alternatives can be found. The user will receive a refund or credit as he wishes.
6.7.3. Modification or cancellation by the user
Modification can happen. The user must contact the service provider to verify if a modification is possible or not. The terms and conditions of the supplier prevails.
Cancellations are also possible, the terms & conditions of the service supplier prevails.
There is no refund of the administration fees.
6.8 - Cancellation of the contract
The User may assign his contract to a third party who meets the same conditions as him, as long as this contract has not produced any effect and the service provider accepts. The User cannot assign his / her insurance contract (s). The User is required to inform Auction Bay ltd of his decision by any means enabling an acknowledgment of receipt to be obtained no later than fourteen (14) calendar days before the start date of the trip or stay.
It is specified that a Service including theft does not come within the scope of this article, insofar as the contract is associated with a precise identity.
CANCELLATION OR MODIFICATION BY THE COMPANY AUCTION BAY AND / OR ITS SERVICE PROVIDERS
The cancellation or modification will result in the USER being reimbursed or credited for a future auction or buy now, as soon as possible, taking into account the deadlines imposed on Auction Bay ltd by the Service Provider, of all sums paid, without Auction Bay ltd's liability being otherwise engaged for the purpose of obtaining any compensation whatsoever.
ARTICLE 7 - FINANCIAL CONDITIONS
7.1 - Prices and taxes
Throughout the duration of the sale, the prices of the Services displayed on the Site are expressed in New Zealand Dollars, GST included but excluding administration fees.
In accordance with the GST regime on the margin of travel agents, invoices relating to trips and stays issued by Auction Bay ltd to the attention of the User do not however mention the GST collected on this type of Services.
In addition to the price of the Service, Auction Bay ltd will invoice the User a lump sum, entitled "administration fees", not included in the price of the Service, linked to the costs and fees necessary for processing orders and set between zero NZD (0) and one hundred (100) NZD, GST included.
It should also be noted that certain taxes or additional costs (tourist tax, visa and / or tourist card costs, etc.) may be imposed by state authorities. These taxes or additional charges are not included in the price of the Services displayed on the Site and when they exist, are the responsibility of the User and may have to be paid when the User uses his Voucher.
In addition, in general, and unless expressly stated otherwise, are not included in the price of the Services displayed on the Site, all expenses of a personal nature or ancillary to the Service, such as the cost of insurance, the costs of delivery of tickets and travel books, excess baggage fees, airport parking fees, vaccination, laundry, telephone, drinks, room-service, tips, deposits and more generally any element not expressly included in the Description of the Service.
Finally, when the Service includes an accommodation service, the Prices are calculated according to the number of nights and not the number of full days.
7.2 - Payment
All orders are payable in New Zealand Dollars (NZD).
The order must be paid no later than four (4) calendar days from the date and time at which the SALE was won by the User, except for specific deadlines specified by Auction Bay ltd before AUCTION placement.
Payment for any order can be made by the following means:
• by bank card: VISA cards which bear on the right the three-color VISA banner (blue, white, ocher) and the dove in hologram, EuroCard / MasterCard cards recognizable by their MC hologram are accepted.
• By phone from Monday to Friday, 9:30 am 5 pm (excluding public holidays)
The User's order will be definitively validated by Auction Bay ltd upon transmission of the full payment by Auction Bay ltd’s banking partner.
In order to optimize the security of Internet transactions, a secure online payment system is implemented by Auction Bay ltd which encrypts the entry and transmission of all data relating to orders (including names, addresses , credit card numbers) so that the information communicated is protected during transmission.
The transaction is thus secure and SSL (Secure Socket Layer) encryption is provided by our payment gateway STRIPE
For optimal security, in the event of online payment, the User is automatically redirected to the site of Auction Bay ltd’'s banking partner and enters their bank card data (bank card number, expiration date as well as the security code). visual). Auction Bay ltd therefore never has access to the User's banking data: Auction Bay ltd is only informed by its banking partner of the correct payment transaction.
A refusal of authorization by the banking partner of Auction Bay ltd SAS entails the automatic cancellation and without compensation of the User's order.
In the event of payment by bank card, the User guarantees that he is fully authorized to use the payment card that he will use and that the latter gives access to sufficient funds to cover all the costs necessary for the payment of the order. The commitment to pay by means of a payment card is irrevocable. Payment can only be stopped in the event of loss, theft or fraudulent use of the card. Apart from these cases which are restrictively admitted by the legislator, the card holder is guilty of bank card fraud. In particular, the right to object to payment cannot be used to compensate for the absence of the right of withdrawal.
7.3 - Failure to pay the AUCTION by the User
Auction Bay ltd reserves the right to offer for sale by AUCTION the Service not paid by the User at the end of the period referred to in Article 7.2 of the Terms and Conditions.
The User of the Site who has one or more payment (s) pending on his User profile cannot make a new BID on another Service offered on the Site until he has made the payments for his outstanding payments. . His account is said to be “blocked”.
If the User has not made his payment within the period of four (4) calendar days allotted to him, his account remains blocked for a period of sixteen (16) calendar days. At the end of this second period, the User account is unblocked.
From three (3) Services not paid by the same USER within the time limit, and in order to guarantee a fair situation from other USERS who have not won the SALES concerned, Auction Bay ltd reserves the right to deactivate the profile of said USER.
ARTICLE 8 - DELIVERY OF THE VOUCHER
8.1 - General provisions
The Voucher is available on the Site, on the User account, in the section entitled "MY AUCTIONS / MY BUY NOW", once the user is logged in.
The Voucher is also delivered by email to the address provided by the User when opening their user account under the conditions of Article 4.1 of the Terms and Conditions.
The User must therefore communicate to Auction Bay ltd an email address enabling Auction Bay ltd to send him the documents relating to the Service.
As a precaution, in the event that five (5) working days before the intended date of use of the Voucher (provided that you have actually placed your order more than five (5) working days before that date), the User has not received, for whatever reason, the Voucher, Auction Bay ltd invites him to report it immediately.
8.2 - Content of the Voucher
Auction Bay ltd indicates on the Voucher the information useful for the correct use of the Service by the User, the Voucher does not constitute the full description of the Service, which is found in the Description of the Service.
8.3 - Presentation and management of the voucher
The Voucher has a confidential one-time number (voucher number). This must be communicated to the Service Provider when making any reservation (if necessary) in order to validate the reservation.
ARTICLE 9 - FORCE MAJEURE / ACT OF GOD
Auction Bay ltd cannot be held responsible for the failure to execute a part or all of its obligations, due to the occurrence of an act of god or force majeure.
Thus, in the event of a fortuitous event, an unforeseeable and insurmountable fact of a third party or a case of force majeure, which would hamper or delay the execution of Auction Bay ltd’'s obligations in whole or in part, the execution by Auction Bay ltd of said obligations will be suspended.
The following are considered to be such, in particular without this list being exhaustive:
• destruction affecting all or part of Auction Bay ltd’'s facilities and marketing resources,
• serious public disturbances, wars, strikes, riots, government actions, epidemics, blockage of means of transport and communication, interruption of energy supply,
• natural disasters, fires, cold spells, drought or any other similar event,
• and more generally, all events or causes outside the will of Auction Bay ltd, and preventing Auction Bay ltd in good faith from fulfilling its obligations.
In case of lockdown that won’t allow the user to use the service, the cancelation policy from the operator applies.
The user will need to contact the operator directly to find the best alternative solution
ARTICLE 10 - PROOF
It is expressly agreed that, except by obvious error by Auction Bay ltd, the data stored in the information system of Auction Bay ltd and / or its partners and / or Service Providers, particularly in the electronic messaging tools used, have a probative force as to the orders placed and the performance of the obligations of the parties. The data on computer or electronic medium thus stored constitute proof, and if they are produced as a means of proof by Auction Bay ltd in any litigation or other procedure, they will be admissible, valid and enforceable between the parties in the same way, in the same conditions and with the same probative force as any document which would be drawn up, received or kept in writing.
ARTICLE 11 - ABSENCE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be exercised for accommodation services, residential accommodation, vehicle rentals, catering or leisure activities. As a result, the contract is concluded definitively as soon as the USER wins the SALE according to the terms specified in the Terms and Conditions.
ARTICLE 12 - INSURANCE
Auction Bay ltd recommends that the User take out an insurance contract at the time of his order covering the consequences of certain cases of cancellation and providing for an assistance contract covering certain specific risks. in particular repatriation costs in the event of accident or illness.
ARTICLE 13 - COMPLAINTS
Any complaint of a commercial nature or relating to the quality of the Services must be reported in writing as soon as possible, within 7 days from the date of use of the service, by Email.
Upon receipt of the Email, the complaint will be handled by Auction Bay ltd and a return Email will be sent to you as soon as possible.
Complaints will only be accepted to the extent that the difficulties to which they are the subject have been previously reported during the performance of the Service, directly on site to the Service Provider and in writing ( e-mail) addressed to Auction Bay ltd so that Auction Bay ltd and / or its Service Providers attempt to remedy it in order to limit the damage that the user considers to be suffering and also limit the damage to the company Auction Bay ltd, in the event that the fault is attributable to one of its Service Providers.
Any complaint must be formulated by detailing precisely the subject of the complaint and the Service concerned.
ARTICLE 14 - MEDIATION
In the event of a dispute, the User has the possibility, before any legal action, of resorting free of charge to a conventional mediation procedure or any other alternative method of dispute resolution in order to seek an amicable solution.
The User can in particular contact the consumer mediator on which Auction Bay ltd depends from.
ARTICLE 15 - RESPONSIBILITY OF AUCTION BAY
15.1 - For the use of the Site
The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure, possible breakdowns or maintenance interventions necessary to ensure the proper functioning of the Site.
Auction Bay ltd undertakes to make its best efforts to ensure that Users can access the Site at all times. However, Auction Bay ltd does not provide any guarantee concerning the availability or accessibility of the Site, or the absence of viruses.
Auction Bay ltd cannot be held responsible for access difficulties or momentary impossibility of access to the Site due to disruptions to the telecommunications network, the User being informed of the complexity of global networks, and the influx, at certain times. , Internet users. The same applies to any hacking or virus intrusion that may occur, Auction Bay ltd cannot guarantee absolute protection of the Site.
In addition, Auction Bay ltd will not be responsible for damage, temporary or permanent, caused to your computer system, nor for any loss or damage (including, in particular, but without limitation, loss of data or profits) that may be suffered. by the User following:
- access or navigation on the Site,
- the use of information contained in the Site.
Clicking on the hypertext links inserted on the Site may direct the User to other Internet sites.
15.2 - For the Services
Auction Bay ltd undertakes to perform its obligations in accordance with these Terms and conditions with a reasonable degree of diligence and skill.
In the performance of its obligations, Auction Bay ltd is always liable: (a) in the event of gross negligence or willful misconduct which indicates gross negligence on its part; (b) in the event of fraud or any fraudulent representation on his part; or (c) if this is provided for by legislative and / or regulatory provisions of public order of the New Zealand law.
With the exception of what is stated above, Auction Bay ltd is not liable for indirect damages linked to the performance of its obligations.
As part of its obligations, Auction Bay ltd takes particular care in the choice of SERVICE PROVIDERS. However, Auction Bay ltd cannot guarantee the exhaustiveness, relevance or legality of the SERVICES. Auction Bay ltd is not responsible for the quality, safety, practicality or any other aspect of the SERVICE.
In its capacity as debtor of the SERVICES, the SERVICE PROVIDER is in fact solely responsible for providing the SERVICE to the USER who has won the AUCTION and for the proper performance of this SERVICE.
Auction Bay ltd offering the SERVICES in the name and on behalf of the SERVICE PROVIDERS, cannot be held liable from the USER or the SERVICE PROVIDER, in the event of poor performance or non-performance of the SERVICES, either because of the USER, or because of the SERVICE PROVIDER.
In addition, Auction Bay ltd cannot be held liable in the event of direct or indirect damage caused to third parties, attributable to the USER or the SERVICE PROVIDER, or related to the performance of the SERVICE.
Likewise, Auction Bay ltd cannot be held liable if, for a case of force majeure as defined by case law, or beyond its control, the SERVICE should be modified, shortened or canceled.
ARTICLE 16 - PROTECTION OF PERSONAL DATA
We want AUCTION BAY to be a safe and trusted place. We do this via our choice of partners and our commitment to your privacy.
It’s important to us that you trust Auction Bay and the things we do with your personal information.
We collect and use your personal information for our members to experiment a new way to book and enjoy your holiday.
The User agrees to receive newsletters, information and / or commercial offers from Auction Bay ltd. An unsubscribe link is present on all communications www.theauctionbay.com in order to give the User the possibility of modifying his subscriptions at any time.
The information that the User communicates to Auction Bay ltd when placing his order is not transmitted to any third party other than the Service Providers. This information is considered by Auction Bay ltd and by the Service Providers as confidential. They are used only by the internal services of Auction Bay ltd and the Service Providers, to process the User's order and to strengthen and personalize the communication and the offer of services reserved for Users of the Site.
In accordance with the provisions of the Data Protection Act, the User has the right to access, modify, rectify and delete his personal data.
This right can be exercised at any time by the User who can prove his identity by sending an email to the email address, firstname.lastname@example.org, or by post to the address of Auction Bay ltd head office.
However, the information identified by an asterisk is essential for the processing of the order or the request for information made by the User. If all of this data is not provided in a complete and exact manner, the User runs the risk that his order or request for information cannot be processed by Auction Bay ltd.
Special conditions concerning vehicle rentals without driver
The conditions of use of rental vehicles without a driver are included in the conditions of sale. They will be brought to your attention at the time of booking.
Pick-up of the rental vehicle without driver
When picking up the rental vehicle without a driver, the main driver of the vehicle must always be able to present his bank card which must be the one used when paying for the stay and name of the main traveler who is by default the driver designated, the voucher showing the reservation made and their driving license.
In some cases, a financial deposit OR BOND may even be requested when taking charge of the reserved vehicle. We advise you to check that the spending limit authorized by your bank will allow you to carry out this transaction.
We advise you, when picking up the vehicle, to make a thorough inspection. Note the smallest traces of impact on the body, the presence and wear of the spare wheel. The absence of certain accessories (cigarette lighter for example.) Check on the fuel gauge if the vehicle has been refueled. Bring these possible anomalies to the sales contract by the employee of the vehicle rental company.
Additional costs inherent to vehicle rentals without driver
Unless clearly stated otherwise, the vehicle rental price does not include additional insurance, certain optional equipment, additional driver and young driver fees. Additional mileage to the fixed price when this is limited.
Even when compulsory insurance is included in the price of the rental car, an excess amount may be applied in the event of theft or damage to the rental vehicle. This amount varies depending on the rental companies, the rental country and the type of vehicle rented.
The User is solely responsible for his own decision whether or not to take out optional insurance. Auction Bay ltd cannot be held responsible for the existence of additional costs in the event of damage and / or for the subscription to these optional insurances.
For vehicle rentals made in certain countries and in particular in the United States, certain rental companies may automatically charge a full tank of gas when the vehicle is returned.
In addition, some rental companies charge additional costs for the use of snow tires, GPS racks, etc.
In general, the rented vehicle must be returned to the rental agency chosen when ordering.
If this were not the case, the rental company would be entitled to charge abandonment costs.
Child seats are available on request, subject to the availability of the departure agency.
Age required to rent a vehicle without a driver
The age required to drive a rental vehicle without a driver varies depending on the country and / or rental company. It is generally established between 21 and 65 years old.
Charges may also be applied in the presence of a driver under the age of 25.
Driver's license required to rent a vehicle without a driver
All drivers of an unmanned rental vehicle must be able to present a valid driver's license for the category of vehicle rented.
Unless otherwise specified, the driving license must have been obtained for at least three years.
In certain circumstances an international driving license may be required to hire a vehicle without a driver.
No cancellations are permitted.
Conditions concerning the practice of scuba diving
Auction Bay ltd is not in a position to concretely verify the level of practice of its clients.
For any Auction including a scuba diving service, a level 1 Cmas or Open water certificate is required at least. A medical certificate dated less than a year will be required as well as personal liability insurance.
Each BUYER booking through Auction Bay a service including a scuba diving product, acknowledges having sufficient technical competence to perform these dives.
Considering the particular nature of scuba diving, we ask that the BUYERS be aware of the risks involved, and to respect the strictest caution in its practice.
We ask you to inform Auction Bay ltd of any particular health problems, which, without being prohibitive, could make the practice of this activity impossible or even dangerous. Therefore, we advise you never to overestimate your actual abilities and to consult to know your suitability for the trip you plan to make.
During the practice of this activity, each participant is required to comply with the rules of prudence defined, and to follow the advice given by the professionals who supervise this activity.
Special conditions concerning cruises
Obligations of passengers
The BUYER of a cruise with Auction Bay ltd is required to behave throughout the cruise that does not compromise the safety, calm and enjoyment of other cruise passengers.
He must undertake to respect the rules of prudence, as well as all the provisions of the cruise company, the Organizer or the local reception staff responsible for the organization of excursions during stopovers. As well as the regulations and other administrative or legislative provisions concerning the cruise purchased.
The cruise line will be held responsible for all damages that the Organizer may suffer as a result of non-compliance with the above-mentioned obligations. ?
In particular, damage to the ship, its furniture or equipment. But also damage caused to other cruise lines or to third parties. Vehicles used during excursions as well as all fines, fines and fees to which Auction Bay ltd could be subject due to the fault of the cruise line by the port, customs, health or other authorities or other authorities of the countries visited during the cruise.
Excursions made during the cruises
The itineraries of the excursions communicated may be subject to variation. The timetables and itineraries of the excursions may be subject to modification as well for external circumstances (such as, for example, adverse weather conditions.)
Depending on the specific nature of some excursions, some may not be accessible to people with disabilities. This prohibition will be specified to you on board by the excursions office.
Travel insurance is not compulsory but warmly recommend it. Please contact your travel insurance directly.
Any failure observed by the PURCHASER in the course of the trip must, as far as possible, be the subject, at the initiative of the PURCHASER, of a finding on the spot with our guides, representatives or local reception agents. . Any complaint must be sent to Auction Bay ltd by registered letter with acknowledgment of receipt, within one month of returning from the trip. Failure to comply with this deadline may affect the quality of processing of the complaint file.
Only the proven objective facts and forming part of the contract will be treated.
The organizer and the retailer are fully responsible for the proper performance of all travel services and required to provide assistance to the traveler in the event of difficulty.
The traveler is required to communicate any non-compliance that he finds during his stay.
Recourse to mediation
Any dispute that may arise about the validity, interpretation, performance or non-performance, modification or termination of the contract, the consumer must imperatively express his complaints to the SELLER of the disputed trip. As such, in the absence of a follow-up deemed satisfactory, by the consumer or by the SELLER himself, the most diligent party will submit the object of the dispute to the Tourism and Travel Mediator.
All the content of the information communicated by Auction Bay ltd to its customers remains its exclusive property.
Photos and illustrations
Auction Bay ltd strives to illustrate its travel offers with photos or illustrations giving a realistic overview of the services offered. It is however specified that the photos and illustrations appearing in the descriptions of the trips are only intended to indicate the category or the degree of standing of the services concerned.
It is expressly agreed that the data kept by Auction Bay ltd and / or its partners have probative force with regard to the orders placed. The data on computer or digital media kept by Auction Bay ltd constitutes admissible evidence during all litigation or other proceedings. As well as any document in writing that would be established, received or kept by Auction Bay ltd.
The fact that Auction Bay ltd does not avail itself at a given time of one of the provisions of these conditions of sale cannot be interpreted as a waiver of the right to avail itself subsequently of any of said provisions. In the event that one of these provisions of the conditions of sale is declared to be null or of no effect, this provision will be deemed to be unwritten, without this affecting the validity of the other provisions, unless the provision declared void or without effect was essential and decisive.
The content of the sales contract validated by the parties is liable to be modified in the event of extraordinary circumstances or any other event of force majeure, or because of the travelers themselves. The responsibility of Auction Bay ltd is likely to be exonerated as a result.
The BUYER undertakes to read the Terms of Sale (general and specific) in their entirety, the specific conditions specific to certain services, as well as all the terms of the prior offer before placing their Order.
Therefore, any reservation request entails the PURCHASER's full acceptance of the Leisure Auctions Sales Conditions.