Our general terms and conditions of sale comply with the provisions of article R.211-12 of the French Tourism Code. In order to comply with the legal provisions, we reproduce articles. R.211-3 to R.211-11 of the said Code.
Art. R.211-3: Subject to the exclusions provided for in the third and fourth paragraphs of article L.211-7, any offer and sale of travel or holiday services must be accompanied by appropriate documents which comply with the rules defined by this section. In the case of the sale of air tickets or tickets for scheduled air services not accompanied by services related to this transport, the seller shall issue the purchaser with one or more tickets for the entire journey, issued by the carrier or under its responsibility. In the case of transport on request, the name and address of the carrier, on whose behalf the tickets are issued, must be mentioned. Separate invoicing of the various elements of a tourist package does not exempt the vendor from his obligations under the regulatory provisions of this section.
Art. R.211-3-1: The exchange of pre-contractual information or the provision of contractual terms and conditions shall be made in writing. They may be made by electronic means under the conditions of validity and exercise set out in articles 1369-1 to 1369-11 of the Civil Code. The name or company name and address of the seller and an indication of his registration in the register provided for in a) of article L.141-3 or, where applicable, the name, address and indication of the registration of the federation or union referred to in the second paragraph of article R.211-2 are mentioned.
Art. R.211-4: Prior to the conclusion of the contract, the seller must provide the consumer with information on the prices, dates and other constituent elements of the services provided as part of the journey or holiday, such as :
1. the destination, means, characteristics and categories of transport used;
2. the type of accommodation, its location, its level of comfort and its main features, its certification and tourist classification in accordance with the regulations or customs of the host country;
3. catering services on offer ;
4. a description of the itinerary in the case of a tour;
5. the administrative and health formalities to be completed by nationals or citizens of another Member State of the European Union or of a State party to the Agreement on the European Economic Area in the event, in particular, of a border crossing, and the time limits for completing them
6. visits, excursions and other services included in the package or available at extra cost;
7. the minimum or maximum size of the group enabling the journey or stay to be undertaken [s1]and, if the journey or stay is subject to a minimum number of participants, the final date for informing the consumer in the event of cancellation of the journey or stay; this date may not be less than twenty-one days before departure;
8. the amount or percentage of the price to be paid on account on conclusion of the contract and the schedule for payment of the balance;
9. the terms and conditions for revising prices as provided for in the contract in application of article R.211-8 ;
10. contractual cancellation conditions ;
11. the cancellation conditions defined in articles R.211-9, R.211-10 and R.211-11;
12. information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness;
13. When the contract includes air transport services, the information, for each leg of the flight, provided for in articles R.211-15 to R.211-18.
Art. R.211-5: The prior information given to the consumer is binding on the seller, unless the seller has expressly reserved the right to modify certain aspects of the information. In this case, the seller must clearly indicate to what extent this modification may be made and on what elements. In any event, any changes to the prior information must be communicated to the consumer before the contract is concluded.
Art. R.211-6: The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, articles 1369-1 to 1369-11 of the Civil Code shall apply. The contract must include the following clauses:
1. the name and address of the seller, its guarantor and its insurer, as well as the name and address of the organiser;
2. the destination or destinations of the journey and, in the case of a split holiday, the different periods and their dates;
3. the means, characteristics and categories of transport used, and the dates and places of departure and return;
4. the type of accommodation, its location, level of comfort and main features, and its tourist classification under the regulations or customs of the host country;
5. catering services on offer ;
6. the itinerary in the case of a tour ;
7. visits, excursions or other services included in the total price of the trip or stay;
8. the total price of the services invoiced, together with an indication of any revision of this invoicing pursuant to the provisions of article R.211-8 ;
9. an indication, where applicable, of the charges or taxes relating to certain services, such as landing, disembarkation or embarkation taxes in ports and airports, and tourist taxes when they are not included in the price of the service(s) provided;
10. the timetable and terms of payment of the price; the last payment made by the purchaser may not be less than 30 % of the price of the journey or stay and must be made when the documents enabling the journey or stay to be undertaken are handed over;
11. any special conditions requested by the buyer and accepted by the seller;
12. the terms and conditions under which the purchaser may submit a complaint to the vendor for non-performance or poor performance of the contract, which complaint must be sent as soon as possible, by any means enabling an acknowledgement of receipt to be obtained, to the vendor and, where appropriate, notified in writing to the tour operator and the service provider concerned;
13. the deadline for informing the purchaser in the event of cancellation of the journey or stay by the vendor in the event that the journey or stay is linked to a minimum number of participants, in accordance with the provisions of 7° of article R.211-4 ;
14. contractual cancellation conditions ;
15. the cancellation conditions laid down in articles R.211-9, R.211-10 and R.211-11 ;
16. details of the risks covered and the amount of cover under the insurance contract covering the consequences of the seller's professional civil liability;
17. details of the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of insurer) and details of the assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;
18. the deadline for informing the seller in the event of assignment of the contract by the buyer ;
19. The clause providing for cancellation and reimbursement without penalty of sums paid by the purchaser in the event of failure to comply with the obligation to provide the information set out in 13° of article R.211-4 ;
20. The commitment to provide the purchaser, in good time before the start of the journey or holiday, with the departure and arrival times.
21. an undertaking to provide the purchaser with the following information at least ten days before the planned date of departure:
- the name, address and telephone number of the seller's local representative or, failing that, the names, addresses and telephone numbers of local bodies likely to be able to help the consumer in the event of difficulty or, failing that, the telephone number for establishing contact with the seller as a matter of urgency;
- for trips and stays abroad by minors, a telephone number and address enabling direct contact to be made with the child or the person responsible for the child's stay;
Art. R.211-7: The purchaser may assign his contract to a transferee who fulfils the same conditions as he does for taking the trip or holiday, as long as this contract has not produced any effect. Unless stipulated otherwise in favour of the transferor, the latter must inform the vendor of his or her decision by any means capable of producing an acknowledgement of receipt no later than seven days before the start of the holiday. In the case of a cruise, this period is extended to fifteen days. Under no circumstances is this transfer subject to prior authorisation by the vendor.
Art. R.211-8: Where the contract expressly provides for the possibility of revising the price, within the limits set out in article L.211-12, it must state the precise terms and conditions for calculating price variations, both upwards and downwards, and in particular the amount of transport costs and related taxes, the currency or currencies that may affect the price of the trip or holiday, the proportion of the price to which the variation applies, and the rate of the currency or currencies used as a reference when establishing the price stated in the contract.
Art. R.211-9: When, before the buyer's departure, the seller is obliged to make a change to one of the essential elements of the contract, such as a significant increase in the price, and when he fails to comply with the obligation to provide the information referred to in 13° of article R.211-4, the buyer may, without prejudice to any claims for compensation for any damage suffered, and after having been informed by the seller by any means capable of producing an acknowledgement of receipt :
- terminate the contract and obtain an immediate refund of the sums paid, without penalty;
- accept the modification or substitute journey proposed by the vendor; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums still owed by the purchaser and, if the payment already made by the purchaser exceeds the price of the modified service, the overpayment must be returned before the date of departure.
Art. R.211-10: In the case provided for in article L.211-14, when, before the departure of the purchaser, the vendor cancels the journey or the holiday, he must inform the purchaser by any means that enables him to obtain an acknowledgement of receipt; the purchaser, without prejudice to any recourse for compensation for any damage suffered, shall obtain from the vendor the immediate reimbursement, without penalty, of the sums paid; in this case, the purchaser shall receive compensation at least equal to the penalty that he would have incurred if the cancellation had been his fault on that date. The provisions of this article shall in no way prevent the conclusion of an amicable agreement for the purpose of the buyer accepting a substitute trip or holiday offered by the seller.
Art. R.211-11: When, after the buyer's departure, the seller is unable to provide a major part of the services provided for in the contract, representing a significant percentage of the price paid by the buyer, the seller must immediately take the following steps, without prejudice to any claims for compensation for any damage suffered:
- or offer services to replace the services provided, possibly at an additional cost and, if the services accepted by the buyer are of inferior quality, the seller must reimburse the buyer for the difference in price on his return;
- or, if it cannot offer any replacement service or if these are refused by the purchaser for valid reasons, provide the purchaser, at no extra cost, with tickets for the return journey under conditions that can be deemed equivalent to the place of departure or to another place accepted by both parties.
The provisions of this article apply in the event of non-compliance with the obligation set out in 13° of article R.211-4.