General conditions of sale

This is a courtesy translation of our French general conditions of sale. Only the French version has contractual value; in the event of any discrepancy, the French version prevails.

You are required to read the following information carefully and to confirm that you have read, understood and accepted these terms by accepting the general conditions of sale when paying the deposit.

The Work & Travel USA programme allows students in higher education to take a seasonal job in the tourism and hospitality sectors in the United States, between June and September. GROUPE PÉRIPLEA acts as the representative agency of the American sponsor InterExchange, approved by the United States Department of State for the issuing of the J-1 visa.

Glossary / Definitions

• Applicant: a national approved by INTEREXCHANGE’s local representative as eligible for the programme, who submits their personal and professional information for possible acceptance onto the Work & Travel programme.
• Local representative: an agency approved by INTEREXCHANGE, based in France, legally bound to INTEREXCHANGE by a signed contract and holding the appropriate training for administering exchange programmes.
• Host company: a third party in the United States which hosts the participant and runs the programme according to the terms defined by the sponsor, also referred to as the host entity.
• Placement: an offer from the host company covering the type of position, the responsibilities, the salary, the location, the accommodation and the opportunities for cultural exchange.
• DS-2019: a document controlled by the United States Department of State, setting out the participant’s eligibility and required to build the J-1 visa application file.
• Placement deadline: the cut-off date set each year by INTEREXCHANGE, generally in June, after which no placement can be offered for the season concerned.

Preamble

These general conditions of sale govern exclusively the contractual relations between GROUPE PÉRIPLEA and its applicants, to the exclusion of any conditions mentioned on the websites of providers and sponsors, and in particular the general conditions of sale of the sponsor organisation: INTEREXCHANGE, 100 Wall St #301, New York, NY 10005, United States.

GROUPE PÉRIPLEA reserves the right to amend its general conditions of sale at any time. In the event of amendment, the applicable conditions are those in force on the date of the applicant’s enrolment.

GROUPE PÉRIPLEA, founded in 2021 by Yves Perret, is a French company based in Venelles. Within the Work & Travel USA programme, the agency represents the American sponsor INTEREXCHANGE, which has the authority to issue the DS-2019 required to obtain the J-1 visa. GROUPE PÉRIPLEA helps students understand the conditions for obtaining the J-1 visa and supports them in building their file, thereby easing the procedures and improving communication between the student and the sponsor.

The applicant acknowledges having read the general conditions of sale of the sponsor INTEREXCHANGE. The applicant confirms having read, understood and accepted those conditions before entering into the contract with GROUPE PÉRIPLEA.

The applicant acknowledges having been provided, prior to enrolment and to the conclusion of the contract, in a legible and comprehensible manner, with these general conditions of sale and with all the information listed in Article L. 221-5 of the French Consumer Code.

Article 1: Eligibility and enrolment process

Before any contact, interested applicants complete an online eligibility test on www.workntravel.fr. This form allows a first automated check of the basic criteria of the programme. Once the test is validated, an applicant record is created in our customer relationship management tool.

On the basis of that information, our team holds a telephone call with each applicant in order to:

• present the features of the programme;
• answer any questions;
• check the applicant’s eligibility in depth.

GROUPE PÉRIPLEA carries out this pre-selection as part of its role as representative of the sponsor INTEREXCHANGE, according to the criteria defined by the latter and the regulatory requirements of the United States Department of State.

To be eligible for the Work & Travel USA programme, the participant must:

• be at least 18 years old at the time of departure;
• be currently enrolled in an on-campus higher education institution (post-secondary);
• continue their studies after returning from the programme;
• have a level of spoken English equivalent to B2 (upper intermediate);
• be available to work in the United States between 1 June and 30 September, with a departure date no later than 21 June and a return date no earlier than 31 August.

The information provided by the applicant during this eligibility call is decisive for the rest of the process. No supporting document is requested at this stage. The applicant declares on their honour that their statements are true, and those statements form the basis for the review of their file.

Where there is a discrepancy between the initial statements and the information revealed while building the file (unavailability, insufficient language level, invalid student status), making the applicant ineligible for the programme, GROUPE PÉRIPLEA informs the applicant in writing, stating the reason. The applicant then has seven (7) days to provide any additional evidence capable of establishing their eligibility. Failing conclusive evidence within that period, GROUPE PÉRIPLEA may refuse the enrolment, the deposit remaining acquired in respect of the review work already carried out, except where the ineligibility results from a proven fault of GROUPE PÉRIPLEA, in which case the sums paid are refunded in full.

Article 2: Enrolment, deposit, contract and payment

2.1 Deposit and creation of the InterExchange account

To validate their enrolment on the programme, each participant must pay a deposit, refundable in the cases exhaustively listed in Article 3 hereof. This payment allows the creation of a personal account on the platform of the sponsor INTEREXCHANGE. With that account, the participant can create their profile, select their preferences in terms of position and location, and begin the placement process.

The deposit is paid directly in euros, at the time of subscription, by bank card to GROUPE PÉRIPLEA. This payment formalises the participant’s commitment to the enrolment procedure and gives access to the application management services.

By paying the deposit, the applicant expressly declares having read these general conditions of sale in full, and having understood and accepted them without reservation.

2.2 Right of withdrawal

2.2.1. In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the participant has fourteen (14) calendar days from the validation of their enrolment (payment of the deposit) to exercise their right of withdrawal, without having to give reasons or bear any costs other than those provided for in Article L. 221-23.

However, pursuant to Article L. 221-28, 1° of the French Consumer Code, the right of withdrawal cannot be exercised for service contracts fully performed before the end of the withdrawal period, whose performance began after the consumer’s express and prior request and express waiver of their right of withdrawal.

Within the Work & Travel USA programme, the services begin immediately after payment of the deposit, in particular with the creation of the personal account on the American sponsor’s platform, access to personalised services, the opening of the placement process and the mobilisation of the teams. The right of withdrawal can therefore validly be excluded only if the following two cumulative conditions are met before performance begins.

2.2.2 How the express request and the waiver are collected

When paying the deposit on workntravel.fr, the applicant must express, by means of two separate, non pre-ticked checkboxes, distinct from the box accepting these general conditions of sale:

• their express and prior request that performance of the service begin immediately, before the expiry of the 14-day withdrawal period;
• their express waiver of their right of withdrawal, in the knowledge that this waiver deprives them of the possibility of a refund once performance has begun, subject to the refund cases provided for in Article 3.

Each of these two boxes carries explicit wording recalling the substance and the consequence of the commitment given, in accordance with the requirements of Article L. 221-28 of the French Consumer Code.

GROUPE PÉRIPLEA time-stamps and keeps proof of these two consents (date, time, IP address and payment session identifier) for the whole period provided for in Article 7, and sends the applicant, immediately after validation, a confirmation email reproducing the exact content of the two statements ticked. This proof is made available to the applicant on request.

Failing valid collection of these two distinct consents before performance begins, the statutory 14-day withdrawal period remains applicable under the ordinary conditions set out in Article 2.2.1.

2.3 Acceptance of the offer and signature of the contract

Once an offer has been formally proposed to the applicant, they must accept it and sign their contract electronically through INTEREXCHANGE’s secure platform. Signing the contract constitutes a firm commitment on their part.

2.4 Payment of the balance and issuing of the DS-2019 form

Following signature of the contract, the student receives an official email from GROUPE PÉRIPLEA setting out how to pay the remaining balance due for the programme.

GROUPE PÉRIPLEA centralises the payments of validated applicants each month and makes a single monthly transfer to the American sponsor. The sponsor then issues the DS-2019 form, the document required for the student to build the J-1 visa application file.

2.5 Costs not included

The amount paid to GROUPE PÉRIPLEA and to the sponsor does not include:

• the SEVIS fee;
• the consular visa application fees charged by the embassy or consulate of the United States;
• travel tickets, additional insurance and personal living expenses.

These costs are set by third parties, are beyond the control of GROUPE PÉRIPLEA, remain payable solely by the participant and are not refundable by GROUPE PÉRIPLEA. The participant is informed that they may change at any time by decision of the American authorities.

Article 3: Refund of the deposit and cancellation

The deposit paid allows GROUPE PÉRIPLEA, as the official representative of the sponsor INTEREXCHANGE, to create a personal account on the sponsor’s platform and to start the placement process. The refund cases are exhaustively listed below.

3.1 Refund where no relevant offer is made

The deposit is refunded to the participant in the following two cases:

• no job offer was proposed to them before the placement deadline set by INTEREXCHANGE;
• a single job offer was proposed to them, matching neither the position preferences nor the location preferences expressed when creating their INTEREXCHANGE profile, and no other proposal was sent to them subsequently.

This refund is subject to the participant’s active involvement in the placement process, assessed against objective and verifiable criteria: completion of the profile within the stated deadlines, participation in the interviews offered, and response to requests from GROUPE PÉRIPLEA or the sponsor within a reasonable time.

The refund request is made in writing. GROUPE PÉRIPLEA replies within thirty (30) days, by a written and reasoned decision. In the event of refusal, the decision states the factual elements on which it is based, and the participant has fifteen (15) days to submit observations and request a review.

The assessment is based on the preferences expressed when the INTEREXCHANGE profile was first created. Changes made during the process are not taken into account when assessing the relevance of the offers received.

3.2 Cancellation by the participant

As the number of places available on the programme is strictly limited, any place allocated is regarded as definitively reserved.

Consequently, if the participant withdraws for personal reasons (change of situation, change of mind, unavailability), the deposit paid remains acquired by GROUPE PÉRIPLEA, whatever the date of cancellation, except in the event of a proven fault of GROUPE PÉRIPLEA at the origin of that withdrawal. This rule applies even where the withdrawal occurs before the placement deadline.

It is expressly stated that this article covers only cancellations at the participant’s initiative, and does not stand in the way of the refund provided for in Article 3.1 where the absence of placement results from causes beyond their control.

3.3 Cancellation by the host company

Should the host company cancel the seasonal job offer, the deposit paid to GROUPE PÉRIPLEA is refunded provided that the cancellation results from a change of circumstances internal to the company and does not arise from a failing on the applicant’s part.

This refund applies where the sponsor INTEREXCHANGE is unable to offer a new opportunity matching the applicant’s initial preferences in terms of position and location.

The refund of the deposit by GROUPE PÉRIPLEA in no way alters the general conditions of sale of the sponsor INTEREXCHANGE. For any question relating to the refund of the balance received directly by INTEREXCHANGE, please refer to the latter’s general conditions of sale.

3.4 Repeated refusals of offers matching the preferences

Preferences in terms of position and location are taken into account from the creation of the file. Where an offer matches the preferences expressed by the participant:

• after a first refusal, GROUPE PÉRIPLEA informs the participant in writing of the consequences of any further refusals;
• after a second refusal of a matching offer, the deposit is no longer refundable under Article 3.1;
• after a third refusal of a matching offer, GROUPE PÉRIPLEA sends the participant a written formal notice giving them seven (7) days to submit observations. Failing an acceptable justification within that period, participation in the programme is cancelled, with no refund.

Whether an offer matches the preferences expressed is assessed against the position and the location entered when the INTEREXCHANGE profile was first created.

3.5 Withdrawal after accepting a position

Once an offer has been accepted on the INTEREXCHANGE platform, any subsequent withdrawal, even for personal reasons, results in the total loss of the deposit.

3.6 Visa refusal

Decisions relating to the issuing of the J-1 visa fall exclusively to the embassy or consulate of the United States. Any question relating to the refund of sums paid to the sponsor must be addressed directly to INTEREXCHANGE, which alone has authority in the matter. GROUPE PÉRIPLEA cannot be held liable for a visa refusal or its consequences, except in the event of a proven fault on its part.

Article 4: Force majeure

Without limitation, GROUPE PÉRIPLEA cannot be held liable for failing to perform one of its commitments towards the applicant where that failure results from an event of force majeure: natural disasters, acts of war or civil unrest, insurrection or revolt, strikes or other trade union activity, criminal or terrorist activity or threats thereof, or any other cause beyond the control of GROUPE PÉRIPLEA.

In addition to the events of force majeure generally recognised by the case law of the French courts, the following are expressly regarded as force majeure: pandemics, epidemics, global health crises, government restrictions or prohibitions, and any lockdown, quarantine or other public health restriction.

The applicant is informed that the laws, regulations and procedures relating to the processing of visa applications, in particular those issued by the American authorities (Department of State, immigration services, embassies), change regularly. Such changes may include, without limitation, changes to eligibility criteria, longer processing times, temporary suspensions of certain types of visa, or new documentary requirements.

Consequently, any modification, restriction, suspension, refusal or cancellation of a file resulting from those official decisions is entirely beyond the control of GROUPE PÉRIPLEA. By way of example, a sudden change in American immigration policy, a temporary closure of visa centres, or a new government directive imposing additional criteria, could lead to the refusal or the delay of the applicant’s request.

Should the visa application be cancelled, refused or delayed because of such circumstances beyond our control, GROUPE PÉRIPLEA cannot be held liable for those events, in accordance with Article 1218 of the French Civil Code.

Article 5: Performance of the contract

5.1 Obligations of the provider

GROUPE PÉRIPLEA acts as an intermediary between the applicant and the American sponsor INTEREXCHANGE, in connection with obtaining a seasonal job and the J-1 « Summer Work » visa. In that capacity, GROUPE PÉRIPLEA is bound by an obligation of means and undertakes to deploy all the human and technical resources at its disposal in order to inform, support and guide applicants at every stage of their process, from building the file to preparing for the consular interview.

Only the sponsor organisation INTEREXCHANGE is entitled to validate the application, to issue the DS-2019 certificate of eligibility — the document required to obtain the J-1 visa — and to carry out the related procedures. Consequently, GROUPE PÉRIPLEA cannot guarantee either the acceptance of the file by the sponsor or the granting of the visa by the embassy of the United States.

GROUPE PÉRIPLEA cannot be held liable for delays attributable to the applicant, to the host company or to the administrative processing times of the American consulate, nor for any additional costs arising from them, these matters being beyond its control, except in the event of a proven fault on its part, in accordance with Article 1231-1 of the French Civil Code.

5.2 Obligations of the applicant

The applicant is responsible for the accuracy and sincerity of the information they provide to GROUPE PÉRIPLEA. Any inaccurate or untruthful statement may lead to the rejection of their file or the cancellation of their participation in the programme, with no refund of the deposit.

The applicant undertakes to provide GROUPE PÉRIPLEA with the full contact details of a trusted person to be contacted in an emergency.

The applicant undertakes to comply strictly with the rules and conditions attached to the J-1 visa, as well as with all the laws and regulations in force in the United States throughout their stay. They understand that any breach of these obligations may have serious consequences, such as the revocation of their visa, removal from American territory, or a future ban on entering the United States.

The applicant must maintain regular, clear and transparent communication with the sponsor INTEREXCHANGE, and inform it without delay of any change in their personal, professional or administrative situation, as well as of any difficulty encountered during the programme.

5.2.1 Obligations of the applicant regarding documents and deadlines

The applicant undertakes to provide all the required documents within the stated deadlines so that their enrolment and participation in the programme can proceed properly. Failure to meet the deadlines, or the absence of complete and compliant documents, may cause delays or even the cancellation of the application, with no refund of the sums already paid.

If the applicant does not complete their part on the INTEREXCHANGE platform within four (4) weeks of enrolling, GROUPE PÉRIPLEA sends them a written reminder granting a further fifteen (15) days to put their situation in order or to give a legitimate reason. On expiry of that period, and failing regularisation or an acceptable justification, GROUPE PÉRIPLEA may cancel the applicant’s participation in the programme, the deposit remaining acquired.

Article 6: Recording of exchanges

In accordance with the legal provisions in force, in particular Article L. 222-3 of the French Consumer Code relating to proof of contracts concluded at a distance, GROUPE PÉRIPLEA informs the applicant that telephone calls may be recorded and that notes are taken during exchanges, while email exchanges are archived. These measures are intended to ensure rigorous and professional follow-up of the file and to constitute, where appropriate, proof of the exchanges that took place between the parties.

These recordings and correspondence are kept for evidential purposes and for internal management of the file, for the period provided for in Article 7. In accordance with the GDPR, the applicant has a right of access, rectification and erasure over this data, which they may exercise with the data protection officer under the conditions set out in Article 8. GROUPE PÉRIPLEA may, where appropriate, redact or obscure personal data of third parties present in these recordings before disclosure, in accordance with the exceptions provided for by the GDPR.

Article 7: Confidentiality and protection of personal data

As part of your enrolment and your participation in the programme, GROUPE PÉRIPLEA collects and processes personal data concerning you, in particular identification information (surname, first name) and professional data. This data is collected exclusively in order to manage your file, to ensure that the programme runs properly and to send the sponsor INTEREXCHANGE only the information strictly necessary for your participation and for obtaining the visa.

The data in the applicant’s file (client record, documents provided, correspondence) is kept for 24 months from the end of the contractual relationship (closing of the file, visa refusal, or end of the programme), a period that allows service quality monitoring, the management of relations with the sponsor and proof of the steps taken. At the end of that period, the data is deleted or anonymised, unless a longer legal retention obligation applies or the applicant expressly requests otherwise.

The applicant is informed that their data is transferred to the sponsor INTEREXCHANGE, established in the United States. This transfer is framed by the appropriate safeguards provided for in Chapter V of the GDPR, and limited to the information strictly necessary for managing the programme.

In accordance with the General Data Protection Regulation (GDPR), you have a right of access, rectification, erasure, restriction of processing and portability over your personal data. You may exercise these rights at any time by contacting our data protection officer at the address given in our privacy policy.

Article 8: Use of personal data

8.1. The participant has rights of access, disclosure, rectification, updating and erasure of their personal data, in accordance with Articles 15 to 22 of the GDPR and French Act no. 78-17 of 6 January 1978 as amended. To exercise these rights, the participant may send an email to: contact@workntravel.fr, or a letter to:

GROUPE PÉRIPLEA
Service Juridique
152 chemin de la petite Bastide
13770 VENELLES, France

8.2. In accordance with Article 7, the data in the participant’s file is kept for 24 months from the end of the contractual relationship. The participant may nevertheless request the early deletion of their file at any time, under the conditions provided for by the applicable regulations.

8.3. The participant is informed that their personal data may be transferred to external providers, to host companies or to the sponsor, only to the extent necessary for managing their file and presenting their profile.

8.4. The participant may consent separately to their data being used for statistical, advertising or commercial purposes by GROUPE PÉRIPLEA. This consent, distinct from the acceptance of these general conditions of sale, may be given or withdrawn at any time by writing to the addresses given above.

Article 9: Severability

The annulment of one of the clauses of these general conditions of sale does not render the other clauses void, and they remain applicable.

Article 10: Dispute resolution

10.1. Any complaint must be addressed to the offices of GROUPE PÉRIPLEA at the following address:

GROUPE PÉRIPLEA
Service Juridique
152 chemin de la petite Bastide
13770 VENELLES, France

10.2. In accordance with Articles L. 611-1 et seq. of the French Consumer Code, a consumer applicant has the right to use a consumer ombudsman free of charge with a view to the amicable resolution of any dispute with GROUPE PÉRIPLEA, after first attempting to resolve it through a written complaint sent to the address above. The contact details of the competent ombudsman are available on the GROUPE PÉRIPLEA website.

10.3. The applicant may also use the European online dispute resolution platform available at https://ec.europa.eu/consumers/odr.

10.4. Failing amicable resolution, the dispute will be subject to French law. A consumer applicant may bring the matter, at their choice, before any of the courts having territorial jurisdiction under the French Code of Civil Procedure, including the court of their place of residence. Legal costs will be borne under the conditions determined by the judge, in accordance with the provisions of the French Code of Civil Procedure.

Article 11: General conditions of sale of the sponsor InterExchange

The general conditions of sale of INTEREXCHANGE, official sponsor of the Work & Travel USA programme, are sent directly to each participant by INTEREXCHANGE. It is for the applicant to read that document carefully, to take note of all its provisions and to make sure they understand them before any electronic signature. Signing that document constitutes a firm commitment by the participant towards the sponsor.

The applicant acknowledges that GROUPE PÉRIPLEA exercises no control over those general conditions of sale and cannot guarantee their application. They are in addition to these general conditions of sale and fall exclusively under the responsibility of INTEREXCHANGE.

Article 12: Distinction between the sponsor and the embassy of the United States

The applicant expressly acknowledges that the sponsor INTEREXCHANGE alone is entitled to validate participation in the programme and to issue the DS-2019 form, in accordance with the rules laid down by the United States Department of State.

However, the issuing of the J-1 visa falls exclusively within the competence of the embassy or consulate of the United States, which retains sovereign discretionary power. The embassy may refuse to grant the visa after examining the file, the consular interview and the consideration of any element deemed relevant.

Consequently, and in accordance with Article 1218 of the French Civil Code relating to events beyond the control of the debtor, GROUPE PÉRIPLEA cannot be held liable for a visa refusal by the embassy of the United States, except in the event of a proven fault on its part. The sums paid to the sponsor remain governed by the general conditions of sale of INTEREXCHANGE.

These general conditions of sale constitute the entire agreement between the applicant and GROUPE PÉRIPLEA within the Work & Travel USA programme.