General Sales Conditions

The current terms and conditions are applicable in relation to the organisation of the sale of trips, stays and/or packages, in compliance with articles R211-3 to R211-11 of the French Code of Tourism, of which the complete reproduction is set out below :

Article R.211-3 : Subject to exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any services of offer and sale of trips or holidays give rise to the handing over of appropriate documents that meet regulations defined in this section. In the case of air transport ticket sales or regular line transport tickets that are not accompanied with services linked to this transport, the vendor issues one or several tickets to the purchaser for the entire trip, issued by the transporter or issued under the transporter's liability. In the case of transport by request, the name and address of the transporter, on whose behalf the tickets are issued, must be detailed. Separate invoicing of different elements of the same tourist package does not lead to the vendor being exempt from obligations arising from the statutory provisions of this section. 

Article R.211-3-1 : Exchange of pre-contractual information or the availability of contractual conditions is carried out in writing. This may take place by electronic means under conditions of validity and performance as provided for in Articles 1369-1 to 1369-11 of the Civil Code. The vendor's name or corporate name and address are mentioned as well as the registration number as provided in Article L. 141-3 or, if applicable, the name, address and registration details of the federation or union mentioned in the second paragraph of Article R. 211-2. 

Article R.211-4 : Prior to entering into a contract, the vendor must provide the consumer with information on the prices, dates and other constituent elements of the services supplied during a trip or holiday, such as: 
1° the destination, means, features and category of transport used; 
2° the accommodation, its location, degree of comfort and main features, its approval and tourist rating corresponding to regulations or customs in the country to be visited; 
3° catering services offered; 
4° description of the itinerary if the service purchased is a tour; 
5° administrative and health formalities to be completed, and the deadlines within which they should be completed, by nationals or citizens of other member countries in the European Union or another State that is part of the agreement on the European economic space, especially in cases where borders are crossed; 
6° visits, excursions and other services included in the fixed price or possibly available at further cost; 
7° the minimum and maximum number of participants enabling the trip or holiday to take place and, if the trip or holiday is subject to a minimum number of participants, the deadline upon which the consumer should be informed of the cancellation of the trip or holiday; this date may be set at no less than twenty-one days before the due departure date; 
8° the amount or percentage of price to be paid as a down payment upon entering the contract and the schedule established for the payment of the balance due; 
9° the terms upon which prices may be revised, as provided for in the contract pursuant to Article R. 211-8; 
10° contractual cancellation terms and conditions 
11° cancellation terms and conditions set out in Articles R. 211-9, R. 211-10 et R. 211-11; 
12° information concerning the optional taking out of an insurance policy covering the consequences of certain specific risks, particularly repatriation costs in case of accident or illness; 
13° when the contract includes air transport services, information for each leg of the flight, as provided for in Articles R. 211-15 to R. 211-18. 

Article R.211-5 : Prior information given to the consumer binds the vendor, unless in this information the vendor expressly reserves the right to modify certain elements. The vendor should, in this case, clearly indicate how this modification may intervene and what elements may be affected. In any case, modifications made to prior information should be communicated to the consumer before the contract is entered into. 

Article R.211-6 : The contract entered into between the vendor and the purchaser must be written, drawn up in two examples, one of which is handed to the purchaser, and signed by both parties. When the contract is entered into electronically, Articles 1369-1 to 1369-11 of the Civil Code are applied. The contract must include the following clauses: 
1° the name and address of the vendor, its managing director and insurance company as well as the name and address of the organiser; 
2° the destination or destinations of the trip and, in the case of split holidays, the different periods and dates; 
3° the means, features and categories of transport used, the dates and points of departure and return; 
4° the accommodation, its location, degree of comfort and main features, its approval and tourist rating corresponding to regulations or customs in the country to be visited; 
5° catering services offered; 
6° description of the itinerary if the service purchased is a tour; 
7° visits, excursions and other services included in the total price of the trip or holiday; 
8° the total price of services invoiced and the indication of any possible revision of this invoice on the strength of provisions in Article R. 211-8 ; 
9° the indication, if necessary, of charges or taxes relating to certain services, such as landing, disembarking or boarding taxes in airports and ports, visitor's occupancy tax when this has not been included in the price of the service or services supplied; 
10° the schedule and methods of payment of the price; the last instalment made by the purchaser may not be less than 30% of the price of the trip or holiday and must be made at the time the documents enabling the trip or holiday to be undertaken are handed over to the purchaser; 
11° particular terms and conditions requested by the purchaser and accepted by the vendor; 
12° the method according to which the purchaser may make a claim against the vendor for the nonperformance or incorrect performance of the contract; such a claim being sent as soon as possible by any means enabling a proof of delivery to the purchaser be obtained, and, if necessary, notified in writing to the organiser of the trip and service provider concerned; 
13° the deadline when the purchaser is notified if the trip or holiday is cancelled by the vendor in cases when the trip or holiday is reliant upon a minimum number of participants, in compliance with provisions in paragraph 7 of Article R. 211-4; 
14° contractual cancellation terms and conditions 
15° cancellation conditions set out in Articles R. 211-9, R. 211-10 and R. 211-11 ; 
16° details concerning the risks covered and the amount of guarantees in the insurance policy covering the consequences of the vendor's professional public liability; 
17° information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the purchaser (policy number and name of the insurer), and information concerning the assistance contract covering certain particular risks, and particularly repatriation costs in case of accident or illness; in this case, the vendor must give the purchaser a document at least detailing the risks covered and risks excluded; 
18° the deadline on which the purchaser must inform the vendor of any transfer of contract; 
19° the undertaking to supply the purchaser, at least ten days before the anticipated date of departure, with the following information: 
a) the name, address and telephone number of the vendor's local representative, or, failing this, the names, addresses and telephone numbers of local organisations likely to help the consumer should any difficulties arise, or, failing this, an emergency telephone number in order to contact the vendor; 
b) for trips and holidays abroad for minors , a telephone number and address providing direct contact with the child or the person in charge on the site of his/her holiday; 
20° the cancellation clause and reimbursement without penalties of the sums paid by the purchaser should the obligation of information set out in paragraph 13 of Article R. 211-4 not be met; 
21° the undertaking to supply the purchaser with the departure and arrival times in due course before the start of the trip or holiday. 

Article R.211-7 : The purchaser may transfer his/her contract to a transferee who meets the same conditions as him/her to go on the trip or holiday, as long as this contract does not produce any effect. Unless more favourably stipulated to the transferor, the latter should inform the vendor of his/her decision by any means that enables a proof of delivery to be obtained at least seven days before the start of the voyage. When the service sold is a cruise, this deadline is fifteen days. This transfer is not subject, in any case whatsoever, to prior authorization from the vendor. 

Article R.211-8 : When the contract includes an express possibility of price revision, within limits set out in Article L. 211-12, it should mention the precise method of calculation, for both increases and decreases, in price variation and particularly for the amount of transport charges and related taxes, the currency or currencies that may have an implication on the price of the trip or holiday, the part of the price to which the variation is applied, the rate of the currency or currencies applied as a reference when establishing the price detailed in the contract. 

Article R.211-9 : When, before the purchaser's departure, the vendor is obliged to modify one of the elements that is essential to the contract, such as a significant price increase, and when the vendor disregards the obligation of providing information mentioned in paragraph 13 of Article R. 211- 4, the purchaser may, without prejudice to any recourse for compensation for any possible damages suffered, and after having been informed by the vendor by any means that enables proof of delivery to be obtained: 
-either terminate his/her contract and obtain without penalty the immediate reimbursement of amounts paid; 
-or accept the modification or the substitute trip proposed by the vendor; a rider to the contract detailing the appropriate modifications is then signed by the parties; any reduction in price is deducted from the amount that may still be due by the purchaser, and, if the payment already made exceeds the price of the modified service, the excess shall be restored to the purchaser before departure. 

Article R.211-10 : In the case provided for in Article L. 211-14, when, before the purchaser's departure, the vendor cancels the trip or holiday, the latter should inform the purchaser by any means that enables proof of delivery to be obtained; the purchaser, without prejudice to any recourse for compensation for any possible damages suffered, obtains immediate reimbursement, without penalty, of sums paid from the vendor; in this case, the purchaser receives an allowance that is at least equal to the penalty they he would have had to pay if the cancellation had been made by him/her on that date. Provisions of this article do not, in any case whatsoever, obstruct the conclusion of any amicable agreement for a substitution trip or holiday proposed by the vendor and accepted by the purchaser. 

Article R.211-11 : When, after the departure of the purchaser, the vendor is unable to supply a predominant part of the services provided for in the contract that represent a sizeable percentage of the price paid by the purchaser, the vendor must immediately make the following arrangements without prejudice to any recourse for compensation for any possible damages suffered: 
-either offer services to replace the anticipated services by possibly bearing any price supplement and, if the services accepted by the purchaser are of an inferior quality, the vendor should reimburse the difference in price to the purchaser, upon his/her return; 
-or, if no replacement services are proposed or if these are refused by the purchaser for valid reasons, to supply the purchaser at no extra cost, transport tickets in order to ensure his/her return, in conditions that may be deemed to be equivalent, to the point of departure or to another place accepted by both parties. 
The provisions of this article are applicable should the obligation set out in paragraph 13 of Article R. 211-4 not be met.