These Sales Conditions are agreed on by the firm: APOTEOSURPRISE (described in detail below in article 19), hereafter referred to as APOTEOSURPRISE and the person who wishes to make a purchase via APOTEOSURPRISE's website apoteosurprise.com, hereafter referred to as the Client. APOTEOSURPRISE and the Client are referred to together as the parties.

These general conditions define the parties' rights and obligations in terms of the online sale of inbound tourist Experiences, hereafter called Experiences. The parties agree that their relations are exclusively governed by these general conditions and the order form completed by the Client on the website: apoteosurprise.com.

APOTEOSURPRISE's general sales conditions may be modified as APOTEOSURPRISE's activity changes and develops. The applicable general sales conditions for each order are those which were in force at the time the presentation was ordered.

All purchases of an Experience which appears on the online boutique on the website apoteosurprise.com constitute the Client's total adherence to the general conditions and the Client's definitive and irrevocable acceptation of the total of their dispositions. Any exemptions to these conditions must be agreed upon in writing.

As a result, the Client acknowledges being perfectly aware of the fact that his/her agreement to the entirety of the general conditions does not require a written signature on this document, in the case of a Client wishing to order online the Experiences presented within the website's boutique.

The apoteosurprise.com boutique is dedicated to informing the Client of the contents of APOTEOSURPRISE's Experiences, the price, modes of payment and the conditions of cancellation and modification of the contract, prior to the Client's order. It allows the Client to order online or to inquire about the availability of an Experience.

Orders made by the Client via the website apoteosurprise.com engage the Client from the moment they confirm their order by "clicking" on the "confirm" button on the order form. The "click" associated with the certification procedure and the protection of the entirety of the messages constitutes an electronic signature. This electronic signature has the equivalent value between the parties to a written signature. The confirmation of an order will not be effectuated if the Client does not cross the box asking the Client to confirm that he/she fully accepts these general sales conditions.

After the online order is made, the Client will receive an email acknowledging the receipt of his/her order and confirming the recording of the Client's order by the website apoteosurprise.com.

The Client has the ability to save or publish these general conditions, and given that the saving or publishing of this document is the sole responsibility of the Client, these general sales conditions may be subject to modification. In this case, the applicable conditions will be those in force on the website on the date of the order.

Article 2 - EXPERIENCES

The Experience chosen by the Client is described in the order form filled out by the Client on the website apoteosurprise.com. The date choosen by the Client for the Experience is indicated in the order voucher ; in any case of cancellation by the Client, the only Experience date considered will be this Experience date indicated in the order voucher.

The documents associated with the Experiences presented on the website such as the descriptions, data sheets, photographs, drawings and all other forms of information are not contractual, and are purely indicative and non binding for APOTEOSURPRISE. The incorrect or incomplete character of the supplied information on the website will not place in the validity of an order made by a Client, on the website, in question.

The Experiences can only be offered to Clients located in one of the following French departments on the day the Experience is to be realized: Paris (75), Hauts-de-Seine (92), Seine-Saint-Denis (93) and Val-de-Marne (94). The majority of the Experiences involve the intervention of a chauffeured vehicle and in so, if on the day of the Experience, the Client is not found in one of the above mentioned French departments, it will not be possible for the Experience to take place. In the event of this situation, the order will be considered cancelled less than seven (7) days before the date of the Experience and will incur the subsequent consequences described below in article 6. For the Experiences which do not involve the intervention of a chauffeured vehicle, the order voucher will indicate the location where the Client must present him/herself in order to participate in the Experiences; the absence of the Client will be considered as a cancellation of the order less than seven (7) days before the date of the Experience and will incur the subsequent consequences described below in article 6.

For the Experience "Say I love you in a world of tenderness", the Client's place of residence have to accept the Experience. The Client must check, before booking the Experience, if its place of residence accepts the Experience. If, on the day of the Experience, the Client's place of residence refuses the Experience, it will be not be possible for the Experience to take place. In the event of this situation, the order will be considered cancelled less than seven (7) days before the date of the Experience and will incur the subsequent consequences described below in article 6.

For each Experience involving then intervention of a chauffeured vehicle, the chauffeur will present him/herself at the Client's place of residence which will have been previously indicated to APOTEOSURPRISE on the proof of purchase document. This document will also indicate the Client's telephone details on the day that the Experience is to take place. It is imperative that the Client can be able to be reached on this telephone number on the day that the Experience is to take place. Each Experience includes a time slot which represents the beginning of the Experience. The Client must be present at the location indicated on the order voucher during this time slot.

For each Experience involving the intervention of a chauffeured vehicle, if the vehicle which is described in the Experience's description is not available, APOTEOSURPRISE reserves the right to replace it however uniquely with a vehicle from the equivalent or a superior category.

When it is indicated on the website apoteosurprise.com in regards to an Experience ordered by the Client (both by pictograms on the top right of the Experience's description and in the email confirming the order) that the Client must send elements which are necessary in order to prepare the Experience (for example photos, the choice of songs, etc.) by email or by mail, this information must be received by APOTEOSURPRISE without fail a maximum of five (5) days after the date of order.

The Client acknowledges that APOTEOSURPRISE has draw to his/her attention to the precautions to be taken for the implementation of the presented Experiences.

Article 3 - PRICE

The prices are quoted in euros including taxes (at the rate of 19.6 % VAT - French Value Added Tax) and per Experience, and are not binding before the date that the confirmation of an order is sent by the Client. The prices are valid for one Experience which two (2) people will take part in. If the Client wishes for more than two (2) people to take part in the Experience, the Client must inform APOTEOSURPRISE in so as it can choose to confirm this possibility or not and indicate the applicable price in accordance to the number of participants.

The prices do not include any service not expressly included in the description of the Experience.

Article 4 - PAYMENT

The payment by the Client is made in a highly secure environment via the SSL protocol and in accordance with the technical infrastructure of PayBox. All information regarding the Client's credit card is securely encrypted and can not be intercepted by third parties. The credit card numbers will never be transmitted via the Internet and are never known or conserved by APOTEOSURPRISE.

The order is definitive if and only if the payment for the Experience is made by credit card in one go and for the total amount. If the Client holds a bank account with credit institution in France, the Client can also pay for the Experience by bank check. Access to payment is made by the Client after he/she has filled out an electronic form containing a certain number of fields to be filled out, with these fields varying according to the nature of the chosen Experience. This electronic form, which replaces an order voucher, is accessible either directly, in the event that the availability of the Experience is directly visible to the Client via the apoteosurprise.com boutique, or by a link emailed to the Client in the case where the Experience requires that APOTEOSURPRISE consult its service providers to find out the Experience's availability on the Client's desired date.

Payment of the order must be made in euros. The possible bank fees charged by the Client's banking institution to make this payment in euros, in the event where the Client's account is not denominated in euros is entirely the Client's responsibility. The prices are only valid in euros.

The versed sums will never be considered as deposits or advances.

The Client guarantees APOTEOSURPRISE that he/she holds the necessary authorizations to make a credit card payment when the Client confirms the order voucher.

APOTEOSURPRISE reserves, in particular, the right to refuse to honor an order made by a Client who has not paid or not paid in full a previous order or with whom a payment dispute currently exists.

In the case where the payment is shown to be irregular, incomplete or inexistent, for whatever the reason, APOTEOSURPRISE has the right to consider that the Client has cancelled his/her reservation and that the ensuing costs are the Client's responsibility. In all cases the Client remains responsible for the payment of the amount agreed payable for the ordered Experience.

The notification of the credit card number is not considered as payment of the debt until the central payment centre has given its accord and APOTEOSURPRISE's bank has confirmed the receipt of the transfer.

APOTEOSURPRISE is not responsible for any embezzlements or fraudulent use of any means of payment which has not been detected by the verification procedure.

APOTEOSURPRISE recommends that the Client keep a physical track of or on a reliable computer support, the data relative to his/her order.

Article 5 - MODIFICATION BY THE CLIENT

The Experiences voluntarily modified by the Client during the execution of the Experiences are subject to the service providers' financial conditions. The extras that are not expressly mentioned beforehand, at the time the Experience is ordered and the supplementary services generating an additional cost must be directly paid by the Client and the Client cannot at any stage hold APOTEOSURPRISE responsible.

Article 6 - CANCELLATION BY THE CLIENT

APOTEOSURPRISE must be notified by certified mail with delivery confirmation, fax or telegram of any cancellation. When the cancellation notification is sent by certified mail with delivery confirmation, the date of the delivery confirmation will be accepted as the cancellation date for the calculation of the cancellation fees. When the cancellation notification is sent by fax or telegram, the date that the fax or telegram is received will be considered as the cancellation date for the calculation of the cancellation fees.

Any total or partial cancellation made by the Client will result in the reimbursement of the amount paid by the Client for the Experience minus the following progressive cancellation fees where the cancellation notification is received :

- more than 31 days before the Experience : 25 % of the total amount.
- between 15 and 30 days before the Experience : 50 % of the total amount.
- between 8 and 14 days before the Experience : 75 % of the total amount.
- less than 7 days before the Experience or non-appearance: 100 % of the total amount.

With the exception of the cases outlined in these general sales conditions, no unilateral cancellation of an order is possible without APOTEOSURPRISE's accord.

Article 7 - INSURANCES

In appliance with current legislation, APOTEOSURPRISE is the holder of civil liability insurance subscribed by Gan Eurocourtage under the contract number 86329978.

It is up to the Client to sign, at his/her own expense, the optional insurances such as those for assistance - repatriation, search and emergency assistance, medical care, repatriation assistance and cancellation insurance and luggage insurance. These insurances can be contracted with the insurer of the Client's choice or with the travel agent who is organizing the Client's trip.

Article 8 - MINORS

APOTEOSURPRISE acknowledges that in accordance to article 1124 of the civil code, non emancipated minors do not have the power to enter into contracts. Consequently orders intended for minors require the authorisation by a parent or a legal guardian. In case of the accidental acquisition of name specific data relating to a minor, the parent or legal guardian has capacity to oppose to their conservation.

Article 9 - RESPONSABILITIES

The personal effects to which the Client is exposed during the Experience are in no case insured by APOTEOSURPRISE. APOTEOSURPRISE may not be held responsible for damages of any nature, in particular fire or theft, that occur to personal objects found at the scene(s) where and at the time when an Experience ordered through APOTEOSURPRISE takes place.

APOTEOSURPRISE selects its service providers using the utmost care. The creation and assembly of the Experiences implies the selection of service providers, the management on behalf of the Client of the options and reservations, the supply of the entirety of the Experiences, and the permanent quality control of them.

The ordered Experience is subject to the private regulations specific to the service providers sector(s) of activities, and these service providers are the Clients' guarantors as for APOTEOSURPRISE.

In the event of any damages or possible injuries that the Client undergoes during the realization of the Experience, as a result of the actions of the people taking part in the Experience or their property, APOTEOSURPRISE will place all of the names and contact details of the service providers involved in the realization of the Experience at the Client's disposition, so that the Client can exert any desired recourse directly against these service providers.

Article 10 - AVAILABILITY OF THE EXPERIENCES

Our Experiences are subject to the availability at the time the order is placed.

The Experiences sold on the website apoteosurprise.com are by nature entities which are available in limited numbers. Given that an Experience is private and mobilizes a determining number of service providers and/or suppliers, it is custom that only one Client may benefit from the Experience on a given day. The first Client having ordered the Experience that has been agreed to be held on a certain date will be the only Client who can benefit of this Experience. No guarantee is possible that the availability of an Experience for a given time and date is assured. APOTEOSURPRISE will not be liable for the unavailability of an Experience and this does not give Clients the right to claim damages.

The website apoteosurprise.com allows the Client, before placing any order and for a given date, to learn the availability of an Experience. Depending on the Experience, the availability may be learnt either by accessing a calendar displaying the availability of the Experience after having clicked on the "order now" button; or, if the calendar is not accessible, by emailing APOTEOSURPRISE and indicating the desired date of the Experience. In the first case, no guarantee is possible that the availability of an Experience for a given time and date is assured. In the second case, APOTEOSURPRISE will confirm the availability or lack thereof for the Experience on the Client's desired date by email; if the date is available, a hypertext link will be inserted into the email confirming the Experience's availability, allowing the Client to access a form which the Client can use to reserve the Experience; the Client then has twenty four hours to effectuate his/her order, while after this delay the Experience will no longer be able to be reserved.

APOTEOSURPRISE is committed to honoring any order within the limits of its stocks or production capabilities.

Article 11 - FORCE MAJEURE

Certain Experiences may be modified or even cancelled in the event of unfavorable weather conditions which eliminate the possibility of carrying out an Experience in the same way that is indicated on the order voucher. The website apoteosurprise.com indicates the risk of cancellation percentage for certain Experiences subject to this phenomenon. This risk of cancellation percentage is purely indicative.

If for whatever reason and notably unfavorable weather conditions, APOTEOSURPRISE or one of its service providers can not realize the Experience on the scheduled date, APOTEOSURPRISE commits itself to either, depending on the Client's wishes: (i) proposing the rescheduling of the Experience to a later date which must be agreed upon by the Client, APOTEOSURPRISE and APOTEOSURPRISE's service providers or (ii) the reimbursement within the sixty two (72) hours that follow the cancellation date of the amount paid by the Client with the subtraction of a fixed amount of three hundred (300) euros corresponding to the committed expenses of APOTEOSURPRISE for the Experience cancelled. For the Experience "Say I love you on a castle seen from above", this amount will be egual to five thousand (5000) euros.

In the event of a cancellation, notably as a result of meteorological conditions which may place people in danger, the Client will be informed, by telephone, on the number indicated on his/her reservation form, no less than thirty (30) minutes before the earliest hour of the time slot which had been set out as the moment that the Client would be picked up by a chauffeured vehicle.

The Client cannot claim any indemnity other than the free rescheduling of the Experience to a later day or the reimbursement of his/her order with a subtraction of a fixed amount if he cancellation of the Experience is imposed by circumstances of force majeure for reasons like, notably, the interest of the participants safety. The following cases are expressively considered as cases of force majeure or "acts of god", in addition to those usually deemed as such under the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, the bankruptcy of a service provider, bad weather, wars, political unrest, earthquakes, fires, storms, floods, thunder, disconnection of telecommunications networks or troubles external to the telecommunication networks of the Client. APOTEOSURPRISE reserves the right to modify the planned times if it considered that the Client's security cannot be insured, and this will be done without the Client being able to claim any indemnity.

The Client has been informed that the running of the ordered Experience may be subjected to modifications due to either an event independent beyond the control of APOTEOSURPRISE, or decisions made by the competent authorities concerned. The Client has been told by APOTEOSURPRISE, that possible changes may be made if required to ensure the smooth running of the Experience.

Article 12 - EVIDENCE

The computerized registers kept within APOTEOSURPRISE's computer system in reasonable security conditions will be considered as proof of communications, orders and payments intervened between the parties.

The archiving of order vouchers and bills is done using a reliable and durable support so as to correspond to a faithful and durable copy in accordance with article 1348 of the civil code.

Article 13 - COMPLAINTS

All complaints regarding the non-execution or bad execution of an Experience must be indicated to APOTEOSURPRISE by telegram, fax or certified mail with delivery confirmation within a delay of fifteen (15) days after the date that the Experience took place, accompanied by the potential pieces of evidence. After this delay, no complaint will be able to be considered.

In the case of an emergency or major problem with the execution of the Experience, the Client is expected to report this to APOTEOSURPRISE on the spot and as quickly as possible by calling the telephone number which will have been indicated to the Client in the email confirming his/her order.

Article 14 - INTELLECTUAL PROPERTY

APOTEOSURPRISE is a registered trade mark.

All the logos, brand names, photographs, drawings and models which appear on the website apoteosurprise.com and the underlying back-office technology are the exclusive property of APOTEOSURPRISE.

Any total or partial reproduction of the above mentioned elements, in any form, for commercial purposes or by associations or charities without the consent of the owners of the brand names or rights to the graphic representations, is strictly forbidden.

Article 15 - DATA PROTECTION AND CIVIL LIBERTIES

All requested information not marked as "optional" is required in order to manage the Client's order. The failure to supply optional data will not effect the Client's treatment.

The information seized is intended for APOTEOSURPRISE. This information is used to manage, secure and validate the Client's order.

The information communicated by the Client when placing an order will not be passed on to any third parties with the exception of the suppliers and service providers taking care of the actual execution of the ordered Experience. This information will be considered by APOTEOSURPRISE and its suppliers as confidential.

In accordance with article 34 of the Data Protection & Civil Liberties Law dated 6th of January 1978, you have a right to request access to, and correct, modify or delete your personal data by simple request. You may exercise this right by writing to the following address: APOTEOSURPRISE, 1 rue Jules Verne, 92300 Levallois-Perret (France).

The automated processing of personal information on the website apoteosurprise.com has been declared to the National Commission for Data Protection and Civil Liberties (CNIL) under the number 1097794.

Article 16 - APPLICABLE LAW

These general sales conditions are subject to French law.

Article 17 - TERM

These general conditions are applicable during the entire period that the services offered by APOTEOSURPRISE are published online.

Article 18 - DISCLAIMER

The website apoteosurprise.com is an APOTEOSURPRISE publication.

APOTEOSURPRISE is a limited liability firm (SARL) with paid up capital of 10 000€ registered with the Trade and Corporate Register (RCS) in Nanterre under the number B 482 226 909.

APOTEOSURPRISE's head office is situated at: 1, rue Jules Verne 92300 Levallois-Perret (France).

APOTEOSURPRISE is covered for civil responsibility by the insurance firm GAN for up to 7 500 000 euros under the contract N°86.329.978.

This page is only a translation of the official Terms & Conditions.
Only the french edition of the Terms & Conditions is valuable.