Article 1 - Content and scope of application
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2.5 With regard to the provision of services, the service provider shall provide the following additional information before the contract is concluded or, in the absence of a written contract, before the service is performed:
- information relating to its contact details, its service provision activity and other contractual conditions.
2.6 The service provider must communicate the following information to the purchaser or make it available to them:
- legal status and form, contact details enabling them to be contacted quickly and communicate directly with them;
- where applicable, the registration number in the Trade and Companies Register or the Trade Register;
- for activities subject to an authorisation regime, the name and address of the authority that issued it;
- for service providers subject to value added tax and identified by an individual number pursuant to Article 286 ter of the General Tax Code, their individual identification number;
- for service providers who are members of a regulated profession, their professional title, the EU Member State in which it was granted and the name of the professional association or body with which they are registered;
- the general terms and conditions, if applicable;
- any financial guarantee or professional liability insurance taken out by the provider, the contact details of the insurer or guarantor, and the geographical coverage of the contract or commitment.
Article 3 – Definitions
The client: a student interested in international mobility in France. The student is enrolled in an institution offering training in the hotel and catering industry and is looking for an internship in line with their training. They must have at least 3 months of professional experience. They may alternatively be referred to as the student, the candidate or the client.
The service provider: ÔSADIA International, a single-member limited liability company, registered with the Lyon Trade and Companies Register under number 993 926 757, with its registered office at 2 rue Coysevox, 69001 LYON.
In some cases: the intermediary: this is a local correspondent who pre-selects clients (students/candidates) in order to present them to the service provider. They communicate the public price of the service to clients.
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Article 4 – Provision of services
The service consists of offering international mobility in France in the form of internships in the hotel and catering industry to European and non-European students. The service provider pre-selects candidates directly (or via an intermediary).
Upon receipt of the pre-selected application, an appointment to validate the application is set by mutual agreement between the student and the service provider. The service provider validates or rejects the client's application based on the following eligibility conditions. The applicant must be a student at a hospitality and catering school that is recognised by the State and has signed the internship agreement. The internship is regulated. The applicant must have at least 3 months of professional experience. The internship must be in line with the applicant's academic background.
Once the application has been approved, the minimum time required for the service provider to complete the administrative process (it being understood that the start date of the service depends on the start date of the internship) is:
• 3 months for a European student
• 5 months for a non-European student.
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The service will also include translating the CV into French for distribution to catering and hospitality establishments. The internship search is tailored to the student's dates and the catering or hospitality establishment. Once the internship agreement has been drawn up, the service provider ensures that it is signed by all parties. The service provider liaises with the DREETS to validate the internship agreement.
For non-European students, the service provider prepares the administrative file so that the client can obtain a long-stay visa in their country. The service provider ensures that the accommodation certificate and identity card of the person hosting the student at the catering or hospitality establishment are obtained.
No later than 10 days before the start of the internship, the student will receive a roadmap with detailed directions to their internship location.
Once the student has arrived in France, the service provider will follow up on site (regular contact with the head of the hotel/catering establishment and the client).
An emergency telephone number will be available 24 hours a day, 7 days a week.
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The list of services may change at any time, in which case customers will be informed.
Article 5 - Performance of the service and termination of the contract
Unless otherwise specified in the terms and conditions of sale, the service will be performed in France within a maximum period of 20 months from the date of receipt by the service provider of the quotation accepted by the customer.
In the absence of any indication or agreement as to the date of performance, the seller shall perform the service without undue delay upon validation of the candidate's selection interview and no later than 5 months before the desired start date of the internship.
In the event of a breach by the seller of its obligation to perform on the date or at the end of the period specified above, or, failing that, no later than 30 days after the conclusion of the contract, the customer may terminate the contract, under the conditions of Articles L. 216-2, L. 216-3 and L. 216-4 of the French Consumer Code, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having instructed the service provider, under the same conditions, to provide the service within a reasonable additional period, the latter has not performed within that period.
The contract shall be deemed to have been terminated upon receipt by the service provider of the letter or written notice informing it of such termination, unless the service provider has performed in the meantime.
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However, the customer may immediately terminate the contract if the service provider refuses to provide the service or fails to fulfil its obligation to provide the service on the agreed date, if this date or deadline constitutes an essential condition of the contract for the customer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request made by the consumer prior to the conclusion of the contract.
The costs and risks associated with this operation shall be borne exclusively by the service provider.
Except in cases of force majeure, the administrative fees of £150 shall be automatically forfeited and shall not be refundable.
Article 6 – Customer obligations
In order to facilitate the proper performance of the services, the customer undertakes:
- to provide the service provider with all necessary resources, in particular complete and accurate information and documents within the required time frame (in particular: passport, medical form, internship agreement, international insurance)
- to inform the service provider of any change in circumstances that may affect their eligibility for the service,
- to notify the service provider directly of any difficulties relating to the performance of the services, in particular the progress of the internship, in order to rectify the service if necessary
- to honour appointments.
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Article 7 - Cancellation of the order - Right of withdrawal
Article L. 221-18 of the Consumer Code provides that the consumer has a period of 14 days to exercise their right of withdrawal from a contract concluded at a distance, following telephone or off-premises canvassing, without having to justify their decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The 14-day period begins at the conclusion of the contract, when the sales contract is signed by all parties.
It should be noted that the starting point of this period is defined in Article L. 221-18, and that when information relating to the right of withdrawal has not been provided under the conditions provided for in 7° of Article L. 221-5, the withdrawal period is extended by 12 months from the expiry of the initial withdrawal period.
In accordance with Article L221-28 of the Consumer Code, the right of withdrawal does not apply to services that have been fully performed before the end of the legal period and whose performance has begun with the express agreement of the consumer, accompanied by their waiver of the right of withdrawal.
Article 8 - Prices
Prices are firm and final. Prices will differ depending on whether the customer is from the European Union or a non-European country.
They are expressed in legal currency and include all taxes.
Prices do not include:
• the cost of the visa
• international insurance
• the cost of the ticket and travel expenses in France, which are the responsibility of the client.
Article 9 - Payment
A deposit of 40% is required upon confirmation of the candidate's acceptance, which takes place following the selection interview by the service provider and the signing of the service contract. The balance must be paid:
• For European candidates: once the internship agreement has been signed by all parties
• For non-European candidates: upon obtaining their visa
Payments made by the client will only be considered final after the service provider has actually received the sums due.
The payment methods are as follows: bank transfer, payment link sent by email.
An invoice will be sent to the client.
Article 10 - Refunds
In the event of cancellation by the client, fees will be retained depending on the progress of the file. The refund policy will be specified in the service contract signed by both parties.
Article 11 – Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code, or from exceptional health or climatic events beyond the control of the Parties. It is also agreed between the Parties that, in addition to those usually retained by the jurisprudence of French courts and tribunals, the following are considered as cases of force majeure or fortuitous events: health crises, earthquakes, governmental or legal restrictions, legal or regulatory changes in marketing methods, and any other unforeseeable event beyond the express control of the Parties that renders the normal performance of the Contract impossible.
The Party observing the event must immediately inform the other Party of its inability to perform its service and justify this to the other Party. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it give rise to the payment of damages or late penalties.
The Parties shall meet to examine the impact of the event and agree on the conditions under which the Contract shall be continued.
Article 12 - Guarantees - Liability
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The service provider guarantees that the services comply with the contract, allowing the purchaser to make a claim under the legal guarantee of conformity provided for in Articles L. 217-11 et seq. of the Consumer Code or the guarantee against defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code.
This warranty covers conformity defects or hidden defects resulting from a design or implementation fault in the services ordered under the conditions and in accordance with the terms and conditions set out in the appendix to these general terms and conditions of sale.
The purchaser must notify the service provider of any defects and/or conformity defects within a maximum of 10 days of the provision of the services.
Any defects and/or faults found will be rectified as soon as possible from the date of the complaint. In the event of an irremediably compromised situation preventing the customer from continuing their internship at the host establishment, the service provider will seek a solution so that the customer can be transferred to another establishment as soon as possible.
The service provider's guarantee is limited to the reimbursement of services actually paid for by the purchaser, and the service provider cannot be held liable or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure.
Under no circumstances shall the following be considered as non-conformities:
• The client is assigned to various positions insofar as this is consistent with the client's academic background and internship agreement, it being understood that the client is under the authority of the establishment's head chef for the entire duration of the internship.
• Incompatibility between the client and the establishment's manager.
• The internship does not meet the client's expectations, provided that the internship agreement is respected and the internship is in line with the client's academic background.
The service provider is bound by an obligation of means. In particular, the service provider undertakes to provide all adequate human resources and to take all necessary care in the performance of its services.
Furthermore, it is noted that the service provider is not responsible for the following situations:
• Obtaining a visa is not the responsibility of the service provider and is at the discretion of the consular authorities of the client's country.
• The client is under the responsibility of the host establishment for the duration of the course.
• The client remains responsible for their means of transport and their behaviour. The service provider shall endeavour to assist the client and notify the establishment in the event of any difficulties encountered by the client.
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Article 13 - Intellectual property
All technical documents, products, drawings and photographs provided to purchasers remain the exclusive property of the service provider, who is the sole owner of the intellectual property rights to these documents, and must be returned to the service provider upon request.
Customers undertake not to make any use of these documents that could infringe the supplier's industrial or intellectual property rights and undertake not to disclose them to any third party.
Article 14 - Disputes
In the event of a dispute arising in relation to the validity, interpretation or execution of these general terms and conditions of sale, the parties undertake to cooperate diligently and in good faith with a view to finding an amicable solution to their dispute within one calendar month of the dispute arising. If no amicable solution can be reached, the disputes shall be submitted to the competent courts.
Article 15 - Competent jurisdiction
Any disputes arising from purchase and sale transactions concluded under these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and repercussions, which cannot be resolved amicably between the seller and the customer, shall be submitted to the competent courts under the conditions of ordinary law.
For the purposes of determining the competent court, the service provider elects domicile in Lyon.
Article 16 - Language of the contract
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute. The fact that, where applicable, the usual exchanges between the seller and the consumer take place wholly or partly in a language other than French shall in no way be considered as a waiver of the application of these general terms and conditions of sale or any of their provisions.
Article 17 - Mediation
In the event of a dispute, the customer may resort to conventional mediation, in particular with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative dispute resolution method (e.g. conciliation).
Centre for Mediation and Amicable Settlement of Consumer Disputes (CMRAC)
10 rue Saint Pierre
75005 Paris, France
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Withdrawal form
For the attention of
ÔSADIA International
2 rue Coysevox
69001 LYON
contact@osadia-international.fr
I hereby notify you of my withdrawal from the contract relating to (indicate the service provided)
Ordered on:
Consumer's name:
Consumer's address:
Consumer's signature:
Date:
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