ARTICLE 1 - DEFINITIONS
The “company” refers to Vert Intense, whose activity is the sale of sports and nature stays, the rental of tourist accommodation and the sale of leisure sports activities. The “Customer” means any person using the Website to order any Service offered by the company as well as any person on whose behalf an order has been made. An “Order” means any reservation made and validated by the Customer. The “Special Conditions of Sale” designate the contractual conditions specific to each Order emanating from the company, necessarily accepted by the Customer before any commitment on their part within the framework of a Tourist Package Order. The “Contract” constitutes all the documents formalizing the reciprocal commitments made between the company and the Customer: These include these General Conditions of Sale as well as the associated Special Conditions of Sale. “Tourist Packages” designate, in accordance with the provisions of Article L. 211-2 of the Tourism Code, all services on sale on the Website which may combine transport and/or accommodation, with another tourist service ( provided that they represent a significant part of the package), all involving at least one night or a minimum duration of 24 hours. The sale of a Tourist Package is offered at an all-inclusive price. “Stay” or “Rental” designate any other services on sale on the Site which do not constitute a Tourist Package within the meaning of the Tourism Code. “Partner” means any service provider carrying out services on behalf of the company. These may include rental companies, transport companies, sports clubs, etc.). “Service” means any service delivered by the company to the Client, whether presented in its catalog or tailor-made on the basis of a specific, tailor-made request.
ARTICLE 2 – SCOPE OF APPLICATION
2.1. These General Conditions of Sale apply to all telephone Orders and those placed on the Website, or directly in the company's physical reception premises, by post or by email. They are also applicable to any additional Service(s) validated by the Customer during their stay. These General Conditions of Sale are applicable to all Customers, whether they make individual or group reservations. The sale of Tourist Services is governed in particular by the Consumer Code and, specifically, by Title 1 of Book II of the Tourism Code relating to the organization of the sale of trips and stays. In accordance with article R. 211-12 of the Tourism Code, articles R. 211-3 to R. 211-11 of the said Code are reproduced below. These General Conditions of Sale are valid from 01/01/2019. This version cancels and replaces previous versions. The Customer is invited to carefully read these General Conditions of Sale. These are referenced by hyperlink on the Website before confirmation of the Tourist Package Order. It is advisable to download and/or print them and keep a copy. It is also advisable to read these General Conditions of Sale before validating any new Order, since the said General Conditions of Sale may be modified at any time.
2.2. These General Conditions of Sale are not applicable to services or supplies, not included in the Order, carried out within the framework of contracts concluded between the Customer and a third party service provider (neither the company nor one of its Partners ) during the Tourist Package of the Stay or a leisure activity.
ARTICLE 3 – COMPANY ORGANIZING TRIPS AND/OR STAY
All of the Services subject to these General Conditions of Sale are organized (produced and/or distributed) by:
Name : Eurl Eric BARRET- VERT-INTENSE
Status : Eurl
Address: Impasse des Gardénias 97120 SAINT CLAUDE
Tel : 0690554047 - email : info@vert-intense.com SIRET no.: 42880165800058 APE code: 7990Z
The company is registered in the register of travel and stay operators of Atout France, under number IM971100004 – Benefits from the financial guarantee of the APST 15 rue Carnot 75017 Paris in application of II a) and III c) of the article L. 211-18 of the Tourism Code; The company is insured for professional civil liability for its tourism activity in accordance with the provisions of articles R. 211-35 et seq. of the Tourism Code with ALLIANZ 1 cours Michelet CS30051 92076 Paris La Défense Cedex Police N°0210001756
ARTICLE 4 – CUSTOMER INFORMATION
4.1 – Information prior to the conclusion of the Contract
The information and visuals appearing on the company's various communication media (brochures, catalogs, website, etc.) may be subject to modifications notified to the Customer prior to the conclusion of the Contract. The company, acting on behalf of any Partners, makes every effort to provide photos, illustrations and maps giving the Customer an overview of the Services offered and their degree of comfort. However, as the said visuals cannot accurately reflect the content of the Services, the Customer may request further information from the company on the characteristics of the said Services by telephone Tel. +590 690 554 047 or by e-mail info@vert-intense.com It is expressly agreed that certain activities offered by the company or one of its Partners are not necessarily available depending on the season and/or are subject to a minimum number of participants.
4.2 – Information prior to the start of performance of the Services.
The company undertakes to provide the Client, at least ten (10) days before the scheduled date of departure, with information such as the name, address and telephone number of the main site where the Services are performed or, failing that, the names, addresses and telephone numbers of local organizations likely to help the Customer in the event of difficulty or, failing that, the telephone number allowing emergency contact to be made with the company.
ARTICLE 5 – RIGHT OF WITHDRAWAL
5.1- Right of withdrawal gift voucher
The consumer has a period of fourteen days to exercise his right to withdraw from a contract concluded remotely, without having to give reasons for his decision or incur any costs other than those provided for in articles L. 221-23 to L. 221-25.
5.2 – Absence of the right of withdrawal
The Customer is informed that, in application of articles L. 121-16-1 and L. 121-21-8 12° of the Consumer Code, regarding either tourist packages or accommodation services (other than residential accommodation), goods transport services, vehicle rental, catering or leisure activities which must be provided on a specific date or period, the Services offered by the Association are not subject to to the application of the right of withdrawal provided for in articles L. 121-21 et seq. of the Consumer Code in matters of distance selling. Consequently, the Services ordered on the Website or via the telephone platform are exclusively subject to the cancellation and modification conditions provided for in these General Conditions of Sale and/or in any Special Conditions of Sale.
ARTICLE 6 – FORMATION OF THE CONTRACT
Any Order is reserved for Customers who have read these General Conditions of Sale in their entirety as well as the Special Conditions specific to each Order and accepted the latter by clicking on the Website, or, where applicable, from one of the company's sales agents by telephone or at one of its points of sale.
The Contract formed under the conditions specified in article 7.2.3 below commits the Client and all the participants identified on the reservation who accept without reservation, on their own behalf as well as on behalf of the people for whom they are responsible. , these Conditions of Sale and any Special Conditions, and undertake to respect all instructions and instructions relating to said order which may emanate from any document or instruction from the company. It is the responsibility of the person who made the reservation to ensure that all participants are aware of these conditions and obligations and accept them.
ARTICLE 7 – TERMS OF PLACING AN ORDER AND CONCLUSION OF THE CONTRACT
7.1 – Valid reservation conditions For any reservation, whatever the medium, the Customer must be at least 18 years old (or be an emancipated minor), and be legally capable of entering into a contract. The Customer guarantees the veracity and accuracy of the information he provides to make a reservation, whether this data concerns him directly or another participant in the Services. Any fraudulent action in this context or which contravenes in particular the conditions of the Contract, may result in the company refusing, at any time, to allow the Customer to finalize their Order, to access the Services concerned and/or to legal proceedings.
7.2 – Conclusion of the Contract electronically
7.2.1. Once the Contract has been validly concluded, it is archived by the company on computer media, in compliance with the mandatory legal period.
7.2.2. Compliance with the steps for the remote conclusion of the Contract, listed below, is a mandatory condition for the conclusion of the Contract by electronic means. Failing this, the Contract is not binding and the company is free not to perform the Services concerned. Steps involved in concluding the Contract electronically: - The Customer carries out a search on the Website; - In response to this request, one or more offers of Services are communicated to the Customer. The Customer is also informed of the non-application of the right of withdrawal in the context of any distance selling and of the cancellation conditions applicable to said Services; - The Customer validates his choice by clicking on the desired Service. The Customer must provide a valid e-mail address, which he/she undertakes to consult regularly. - A summary of all choices, with the date and total price of the Service(s), enables the Customer to check the details of his Order. The Customer must ensure that all the information displayed conforms to his wishes (nature of the Services, date, time, mode and address of the stay, price, identity, age of participants, etc.). If this is not the case, he/she may modify it before validating his/her Order. After validation, this information cannot be modified. - Subject to having first read and expressly accepted the present General Terms and Conditions of Sale and any Special Terms and Conditions that may apply, the Customer may validate his Order and proceed with payment by clicking on the dedicated purchase button. The Contract is then validly concluded. - The company, in its own name and in the name of its Partners, will send the Customer, as soon as possible after the Order has been placed, by e-mail, an acknowledgement of receipt confirming the said Order and including its essential elements such as the identification of the Service ordered, the price and the quantities. Any modification of said information is specified in article 9. The Customer must contact the company if he/she has not received an Order confirmation within two (2) days of the conclusion of the Contract.
ARTICLE 8 - PRICES AND PAYMENT TERMS
8.1 - General provisions
Prices are quoted in Euros. Service descriptions specify the elements included in the price. All taxes are included. In addition, in general, and unless expressly stated otherwise, the price does not include all expenses of a personal nature incurred by the Customer, or ancillary to the Order, in particular insurance or additional activities taken out with third parties as specified in article 2.2, and more generally any service not expressly included in the booking confirmation. Unless otherwise indicated in writing, price reductions and promotional offers indicated on the Site, brochures and other company documents may not be combined for the same Order.
8.2 - Price changes.
The prices of the Services have been determined on the basis of the economic conditions prevailing at the date of the Order. The company reserves the right to modify prices at any time up to the date of Order confirmation. Prices may also be revised even after confirmation in the event of variations in or imposition of fees and taxes relating to the Services included in the Order. In this case, the company reserves the right to modify the total amount of the Order by the percentage variation of the item concerned. Where applicable, the Customer will be informed of any price increase in writing, and may either cancel or accept the change applied under the conditions set out in article 9.
8.3 – Deposits
8.3.1 Deposits as part of an Order for Services
For all validated Reservations, the total amount of the price, including all taxes, is paid by the Customer on the day the Contract is concluded.
8.4.2 Deposit as part of a Tourist Package Order.
For any validated Reservation, a deposit representing 30% of the total price, all taxes included (TTC), is paid by the Customer on the day the Contract is concluded. The balance of said order must be paid 30 days before execution of said order.
8.5 – Payment terms
Payments on account are made by credit card when the Order is finalized on the Website or by telephone. Without prejudice to the Customer's right to cancel the Order in accordance with the conditions set out herein, any payment order made by bank card or cheque may not be cancelled by the Customer. The Customer guarantees the company that he/she is the holder of the means of payment used and that he/she has sufficient funds to fully cover the payment of his/her Order. If, for any reason whatsoever, the company is unable to debit the sums due in settlement of the Order, the purchase process will be cancelled.
8.6 – Security of transactions In order to secure transactions carried out by the Customer, in particular on the Website and to combat credit card fraud, the information transmitted in relation to your Order is automatically analyzed in order to determine a maximum level of reliability. This is why the company may ask the Customer, by email, to prove their identity and address, in order to protect themselves from fraudulent transactions. Through these supporting documents, the company guarantees better security, by ensuring that the Customer is the owner of the bank card used. In the case of Orders by check or any other means of payment, proof corresponding to the bearer of the check may also be requested from the Customer, always in order to guarantee maximum transaction security.
8.7 – Refund conditions
Unless otherwise indicated by the company, when a refund is due to the Customer, it is made by transfer.
ARTICLE 9 – ORDER CANCELLATION/MODIFICATION
9.1 – General provisions
No refund, nor reduction in price, is due by the company for late arrival, early departure or absences of the Client during the activity or stay. In addition, the waiver by the Client of a Service or one of its elements cannot be subject to any reimbursement or compensation by the company. Any total cancellation of an Order entails termination of the Contract.
9.2 – Cancellation/modification of Order by the company
The conditions for cancellation and modification of Orders by the company are specified in articles R.211-9 et seq. of the Tourism Code, reproduced below. The company reserves the right to cancel any Service for lack of a minimum number of registrants. Where applicable, the activities concerned are specified in at least one of the company's information documents. Where applicable, for tourist packages, the Customer will be informed of the cancellation of the Services concerned within a maximum period of twenty-one (21) days before the start of the stay. In accordance with the provisions of article R. 211-9 of the Tourism Code, a price increase greater than 10% of the price appearing in the Contract is considered substantial. In the event of modification of the Contract before the Client's departure, the request for termination or acceptance of the modification must be notified to the company by any written means enabling receipt to be acknowledged (RAR letter, fax, email, etc.) in a period of seven (7) days from receipt by the Customer of information on said modification. Any Contract concluded by fraudulent use of the Site by the Customer or by the use of data not belonging to him is subject to cancellation by the company, without any reimbursement for the benefit of the Customer and without prejudice to legal recourse by the company.
9.3 – Modification of Orders by the Customer
Modification of a reservation can be made via the company's telephone reception: – Telephone reception: 0690554047 (Open from 8:00 a.m. to 6:00 p.m.) – Any modification must be confirmed by the customer by email or by mail.
9.4 – Cancellation of Order by the Customer
9.4.1 Cancellation of a Sports Activities Reservation
In the event of cancellation by the Customer of his entire Order, the amount paid in this context will be refunded under the following conditions:
Cancellation more than 48 hours before the start of the activity The sums are refunded.
Cancellation less than 48 hours before the start of the activity The full price of the activity is due. Refunds are possible on presentation of a medical certificate.
In the event of a No-show, the full amount is due.
9.4.2 Cancellation of a Single Accommodation Reservation
In the event of cancellation by the Customer of his entire Order, the price or deposits paid in this context will be refunded under the following conditions:
Cancellation more than 30 days before the start of the stay Deposits will be fully refunded
Cancellation less than 30 days before the start of the stay The cancellation fee is 30% of the amount invoiced.
Cancellation less than 48 hours before the start of the stay The cancellation fee is 100% of the amount invoiced.
9.4.3 Cancellation of a Tourist Package Reservation
In the event of cancellation by the Customer of his entire Order, the price or deposits paid in this context will be refunded under the following conditions:
From 60 to 31 days before departure: 15% of the total price of the stay.
From 30 to 21 days before departure: deduction of 35% of the total price of the stay.
From 20 to 14 days before departure: deduction of 50% of the total price of the stay.
From 13 to 7 days before departure: deduction of 75% of the total price of the stay
Less than 7 days before departure: deduction of 100% of the total price of the stay.
ARTICLE 10 – ASSIGNMENT OF THE CONTRACT
According to article R211-7 of the Tourism Code, and subject to written acceptance from the company, the Client may transfer his Contract to any assignee fulfilling the same characteristics to benefit from the Services and in particular the same type of accommodation, the same number of people concerned, children in the same age group, same activities, etc. Where applicable, the transferring Client must inform the company by any means enabling receipt to be acknowledged (e.g. RAR letter, email) no later than seven (7) days before the start of the stay in question, excluding the departure date included in providing all the supporting documents necessary to complete the transfer of the contract. The company reserves the right not to accept said transfer for reasons linked to conditions not met by the transferee or for failure to present the relevant supporting documents. The company may decide not to accept said assignment and to make the person presented as assignee pay in full for the Services concerned.
ARTICLE 11 – EXECUTION OF SERVICES
11.1 – Occupancy of accommodation spaces
Accommodation spaces are only available from 3:00 p.m. on the day of arrival and must be vacated before 10:00 a.m. on the day of departure, regardless of the arrival or departure time of the means of transport used. by the Client to go to the place of the Stay, whether it is included in the Tourist Package or not. Any excess may result in the billing of an additional night at the public rate displayed. For any modification of these times, the company provides the Client, in due time before the start of the trip or stay, with the departure and arrival times. Pets are not allowed in the company's accommodation sites (whether indoors or outdoors). It is imperative to obtain information in advance and to formulate any request for exemption in writing within a reasonable period of time before the start of performance of the Services.
11.2 – Meals
When meals are included in the Contract, their number depends on the number of nights. It is further expressly agreed that: – Full board begins with the meal preceding the first night and ends with lunch following the last night of accommodation. Depending on the periods and the activity, this meal may take the form of a packed lunch; for the other days of the Stay, it includes breakfast, lunch and dinner. – Half board begins with the meal preceding the first night and ends with breakfast following the last night of accommodation; for the other days of the Stay, it includes dinner.
ARTICLE 12 – RESPONSIBILITY
12.1 – Company liability
12.1.1 - When using the Website. The company cannot be held liable for any anomaly or error occurring on the Website in the event of malfunctions on the sites, software or terminals of the Customer or any third party. In no event shall the company be liable for any foreseeable or unforeseeable damages, whether material or immaterial (including, without limitation, loss of profits or opportunity, etc.) arising out of the use or total or partial inability to use the Website.
12.1.2 – As part of the execution of the Services In accordance with the provisions of article L.211-16 of the Tourism Code, the company is automatically responsible to you for the proper execution of the obligations resulting exclusively from the Customer's order, whether these obligations are to be performed by itself or by other Partner service providers, without prejudice to its right of recourse against them. The company is subject to the common law civil liability regime (Article 1240 of the Civil Code) for all services not falling within the scope of the Services defined in Article L.211-1 of the Tourism Code. Activities and/or transport carried out as part of the stay and giving rise to the conclusion of a contract between the Client and an external service provider are the responsibility of said service provider. The company's liability cannot under any circumstances be sought in this context. The company cannot be held responsible for theft and/or vandalism carried out as part of a Service. The Client's personal objects and valuables must be placed under the latter's supervision for the entire duration of the stay/package.
12.2 – Customer Responsibility
12.2.1 – As part of the use of the Website
The Customer is required to check that the computer configuration he uses does not contain any viruses and that it is in perfect working order. The Customer is financially responsible for the use of the Website made both in his name and on behalf of third parties, including minors, unless he can demonstrate fraudulent use not resulting from any fault and/or negligence on his part.
12.2.2 – As part of the execution of the Services
The Customer, as well as all participants concerned by the Order, undertake to comply with these General Terms and Conditions of Sale, any Special Terms and Conditions of Sale, as well as all instructions and guidelines relating to the performance of the Services set out in a brochure/catalogue, on the Website or issued orally by the company and all its staff, and to behave in a safe, respectful and courteous manner throughout the performance of the Services. In the event that the Customer's attitude or that of any of the aforementioned participants is likely to cause harm, danger or disturbance to one of the company's employees, to other customers or to any third party in general, the company reserves the right, at its sole discretion, to terminate the Customer's stay at any time. In this case, the Customer will not be entitled to any reimbursement or compensation for the early termination of the Order, and the company also reserves the right to claim reimbursement from the Customer for any costs incurred as a result, without prejudice to the right to seek legal redress for any damages incurred. In addition, the Customer may be required to pay a deposit before or on the first day of performance of the Services. The amount of this deposit depends on the services included in your Order. Where applicable, this amount is indicated in the Special Conditions of Sale.
12.2.3 – Liability for dependents Any person dependent on the Client, and in particular any unemancipated minor, taking part in the Services must be accompanied by one or both parents or their legal guardian.
ARTICLE 13 – INSURANCES
No compulsory insurance is included in the Services offered by the company. It is the customer's responsibility to take out any other insurance contract such as, in particular, cancellation/interruption of stay insurance or repatriation assistance. The customer is offered optional cancellation insurance as part of the services sold. The company offers CHAPKA ASSURANCES insurance 56 rue Laffitte 75009 PARIS. The terms and conditions of cancellation and interruption insurance, and in particular the events covered, are available at www.chapkadirect.fr. It is the Customer's responsibility to take out any insurance that may be necessary and/or compulsory for the provision of the Services. In this respect, he/she must take out a contract covering his/her civil liability, for his/her own account and for the persons for whom he/she is responsible.
ARTICLE 14 – FORCE MAJEURE
Force majeure is understood within the meaning of French law and is particularly constituted in the event of a strike by the company's staff and/or the staff of one of its partners, major demonstrations, unforeseeable weather conditions on the reservation date and irresistible (storms, etc.), exceptional hydrological (floods, floods, etc.) and geographical conditions. The company reserves the right to cancel any Order in the event of force majeure resulting in a permanent impediment. In the event of force majeure resulting in a temporary impediment to execution of the Order, it is suspended and the company reserves the right to modify the date and/or content and/or place of execution, unless that the resulting delay does not justify the termination of the Contract. In any event, total or partial non-performance of the Services, due to a case of force majeure, will not give rise to any reimbursement or damages from the company.
ARTICLE 15 – INFORMATION AND COMPLAINTS
Complaints which arise during the execution of the Contract must be lodged as soon as possible, following the discovery of the failure concerned, with the company and, where applicable, with any other service provider concerned, so that a solution can be found. can be searched immediately. Any complaint subsequent to execution must be sent to the company, at the latest within one (1) month following the end of execution of the Service, to the contact details indicated in article 3. Complaints must be sent by any means enabling receipt to be acknowledged by the company. In this context, the Client must respect the personal and confidential nature attached to all correspondence with the company. In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.
In the absence of an amicable agreement, the consumer has the possibility of contacting the consumer mediator to whom the professional reports, namely the Association of European Mediators (AME CONSO), free of charge, within one year of the complaint. written addressed to the professional.
The referral to the consumer mediator must be made:
– either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame. com;
– either by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.
ARTICLE 16 - PROTECTION OF PERSONAL DATA (CNIL)
The data collected by the Association in the context of the reservation made by the Customer and during the execution of the Services is intended to create a customer file on the occasion of his registration and then to enable the organization and management of the Services. In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the www.capfrancevacances.fr marketing site has been declared to the CNIL. In accordance with articles 39 and 40 of the French Data Protection Act, customers have the right to access, modify, rectify and delete data concerning them.
ARTICLE 17 - APPLICABLE LAW AND JURISDICTION
The present General Terms and Conditions of Sale, as well as all parts of the Contract, including in particular the Special Terms and Conditions of Sale, are governed by French law. Any dispute concerning their interpretation and/or execution shall be referred to the competent French courts.
ARTICLE 18 – EXTRACTS FROM THE TOURISM CODE
The Vert-Intense Company is registered in the Register of Travel and Stay Operators. Consequently, it recalls below the provisions of the Tourism Code applicable to the sale of stays, referred to in article L.211-1. It is specified that only certain services (tourist packages) are subject to these provisions.
The conditions for carrying out activities relating to the organization and sale of trips or tourist packages are governed by articles L. 211-1 et seq. and R. 211-1 et seq. of the Tourism Code.
Article 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 stay services give rise to the submission of appropriate documents which meet the rules defined by this section.
In the event of the sale of air transport tickets or regular line transport tickets not accompanied by services linked to this transport, the seller issues to the buyer one or more passenger tickets for the entire journey, issued by the carrier or under his responsibility. In the case of transport on demand, the name and address of the carrier, on whose behalf the tickets are issued, must be mentioned.
Separate invoicing of the various elements of the same tourist package does not relieve the seller of the obligations imposed on him by the regulatory provisions of this section.
Article R. 211-3-1
The exchange of pre-contractual information or the provision of contractual terms and conditions shall be 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 French Civil Code. The name or company name and address of the seller are mentioned, together with 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 mentioned in the second paragraph of article R. 211-2.
Article R. 211-4
Prior to the conclusion of the contract, the seller must communicate to the consumer information on prices, dates and other elements constituting the services provided during the trip or stay 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 characteristics, its approval and its tourist classification corresponding to the regulations or customs of the host country;
3° The catering services offered;
4° The description of the itinerary when it is a circuit;
5° The administrative and health formalities to be completed by nationals or by nationals 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 crossing borders as well as their deadlines for achievement;
6° Visits, excursions and other services included in the package or possibly available at an additional cost;
7° The minimum or maximum size of the group allowing the trip or stay to be carried out as well as, if the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or stay; this date cannot be set less than twenty-one days before departure;
8° The amount or percentage of the price to be paid as a deposit upon conclusion of the contract as well as the payment schedule for the balance;
9° The terms of price revision as provided for in the contract pursuant to article R. 211-8;
10° Cancellation conditions of a contractual nature;
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 an accident or disease ;
13° When the contract includes air transport services, the information, for each flight section, provided for in articles R. 211-15 to R. 211-18.
Article R. 211-5
Prior information given to the consumer binds the seller, unless in this information the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent this modification can be made and on what elements. In any case, modifications made to the prior information must be communicated to the consumer before the conclusion of the contract.
Article R. 211-6
The contract concluded between the seller and the buyer must be written, 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 apply. The contract must include the following clauses:
1° The name and address of the seller, his guarantor and his insurer as well as the name and address of the organizer;
2° The destination or destinations of the trip and, in the event of a split stay, the different periods and their dates;
3° The means, characteristics and categories of transport used, the dates and places of departure and return;
4° The mode of accommodation, its location, its level of comfort and its main characteristics and its tourist classification under the regulations or customs of the host country;
5° The catering services offered;
6° The itinerary when it is a circuit;
7° Visits, excursions or other services included in the total price of the trip or stay;
8° The total price of the services invoiced as well as the indication of any possible revision of this invoicing under the provisions of article R.211-8;
9° Indication, if applicable, of fees or taxes relating to certain services such as landing, disembarkation or boarding taxes at ports and airports, 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 buyer cannot be less than 30% of the price of the trip or stay and must be made when submitting the documents allowing the trip or stay to be carried out;
11° The special conditions requested by the buyer and accepted by the seller;
12° The terms according to which the buyer may submit a complaint to the seller for non-performance or poor performance of the contract, a complaint which must be addressed as soon as possible, by any means allowing an acknowledgment of receipt to be obtained from the seller, and, where applicable, reported in writing to the travel organizer and service provider concerned;
13° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7 ° of article R. 211-4;
14° Cancellation conditions of a contractual nature;
15° The cancellation conditions provided for in articles R. 211-9, R. 211-10 and R. 211-11;
16° Details concerning the risks covered and the amount of guarantees under the insurance contract covering the consequences of the seller's professional civil liability;
17° Information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as those concerning the assistance contract covering certain particular 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 commitment to provide the buyer, at least ten days before the scheduled date of departure, with the following information:
- a) The name, address and telephone number of the seller's local representation or, failing that, the names, addresses and telephone numbers of local organizations likely to help the consumer in the event of difficulty or, failing that, the telephone number allowing you to urgently establish contact with the seller;
- b) For trips and stays of minors abroad, a telephone number and an address allowing direct contact to be established with the child or the person responsible for their stay on site;
20° The clause of termination and reimbursement without penalties of the sums paid by the buyer in the event of non-compliance with the information obligation provided for in 13° of article R. 211-4;
21° The commitment to provide the buyer, in due time before the start of the trip or stay, with the departure and arrival times.
Article R. 211-7
The buyer can assign his contract to an assignee who meets the same conditions as him to carry out the trip or stay, as long as this contract has no effect. Unless stipulated more favorably to the transferor, the latter is required to inform the seller of his decision by any means enabling him to obtain an acknowledgment of receipt no later than seven days before the start of the trip. When it comes to a cruise, this deadline is extended to fifteen days. This transfer is not subject, under any circumstances, to prior authorization from the seller.
Article R. 211-8
When the contract includes an express possibility of revising the price, within the limits provided for in Article L. 211-12, it must mention the precise methods of calculating, both upwards and downwards, price variations, and in particular the amount of transport costs and related taxes, the currency(ies) which may have an impact on the price of the trip or stay, the part of the price to which the variation applies, the rate of the currency(ies) used as a reference when establishing the price appearing in the contract.
Article R. 211-9
When, before the buyer's departure, the seller finds himself forced to make a modification to one of the essential elements of the contract such as a significant increase in the price and when he disregards the information obligation mentioned in 13° of article R. 211-4, the buyer may, without prejudging any recourse for compensation for damage possibly suffered, and after having been informed by the seller by any means enabling an acknowledgment of receipt to be obtained:
- either terminate your contract and obtain immediate reimbursement of the sums paid without penalty;
- either accept the modification or replacement trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums remaining due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of his departure.
Article R. 211-10
In the case provided for in Article L. 211-14, when, before the buyer's departure, the seller cancels the trip or stay, he must inform the buyer by any means enabling him to obtain a confirmation of reception ; the buyer, without prejudging any recourse for compensation for any damage suffered, obtains from the seller immediate reimbursement and without penalty of the sums paid; the buyer receives, in this case, compensation at least equal to the penalty he would have incurred if the cancellation had occurred on his behalf on that date.
The provisions of this article in no way prevent the conclusion of an amicable agreement aimed at the acceptance, by the buyer, of a substitute trip or stay proposed by the seller.
Article R. 211-11
When, after the buyer's departure, the seller finds it impossible to provide a majority 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 measures without prejudge recourse for compensation for damage possibly suffered:
- either offer services in replacement of the planned services, possibly bearing any additional price and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him, upon his return, the price difference;
- or, if it cannot offer any replacement services or if these are refused by the buyer for valid reasons, provide the buyer, at no extra cost, with transport tickets to ensure their return in safe conditions. which may be deemed equivalent to the place of departure or to another place accepted by both parties.
The provisions of this article are applicable in the event of non-compliance with the obligation provided for in 13° of article R.211-4
Article R. 211-12
The provisions of articles R. 211-3 to R. 211-11 must be reproduced on the brochures and travel contracts offered by the persons mentioned in article L. 211-1.
Article R. 211-13
The buyer can no longer invoke the benefit of the clause provided for in 20° of article R. 211-6 after the service has been provided.