General terms and conditions of sale

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Article R211-1

Modified by Decree n°2009-1650 of 23 December 2009 - art. 1

The regulatory provisions of Titles I and II shall apply, subject to the provisions laid down in Article L. 211-3to any natural or legal person who engages in or assists in the operations referred to in Article L. 211-1.

The regulatory provisions of Titles I and II are not applicable to the air and rail carriers issuing the tickets mentioned in the d and e respectively of Article L. 211-3, provided that the price of the tickets issued as an accessory by these carriers does not exceed 50% of the price of the main service.

The operations for issuing tickets provided for in the previous paragraph must be carried out by air or rail carriers directly or by means of their own automated equipment operated under their responsibility.

Transport tickets shall be issued in accordance with the laws and regulations or international agreements specific to the organisation of transport.

Article R211-2

Modified by Decree n°2009-1650 of 23 December 2009 - art. 1

The natural or legal persons registered in the register provided for in Article a of the Article L. 141-3 must mention the name or business name and legal form of the undertaking or organisation, their registration number, the name and address of their guarantor and insurer in their correspondence and contractual documents. This information should also be included, where appropriate, on their websites. Non-contractual or advertising documents must include the name and address of the company or organisation and its registration number.

The associations or non-profit organizations mentioned in Article III b of the Article L. 211-18 include on their documents their name and address, as well as the name, address and registration number of the federation or union to which they are attached. This information should also be included, where appropriate, on their websites. Documents of a contractual nature must specify the names and addresses of the guarantor and the insurer of that federation or union.

Any natural person or legal entity registered in the register mentioned in a of Article L. 141-3 shall keep its books and documents at the disposal of the guarantor and the persons authorised to consult them by the Minister responsible for tourism.

Article R211-3

Modified by Decree n°2009-1650 of 23 December 2009 - art. 1

Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7For the purposes of this section, any offer and sale of travel or holiday services shall give rise to the submission of appropriate documents which comply with the rules laid down in this section.

In the event of the sale of air transport tickets or tickets for transport on a regular line not accompanied by services related to such transport, the seller shall issue to the buyer one or more tickets for the entire journey, issued by the carrier or under its responsibility. In the case of carriage on demand, the name and address of the carrier on whose behalf the tickets are issued must be stated.

Separate invoicing of the various elements of the same tourist package does not exempt the seller from the obligations imposed on him by the regulatory provisions of this section.

Article R211-3-1

Created by Decree n°2009-1650 of 23 December 2009 - art. 1

The exchange of pre-contractual information or the provision of contractual terms and conditions is made in writing. They may be carried out by electronic means under the conditions of validity and exercise provided for in Articles 1369-1 à 1369-11 of the civil code. The name or business name and address of the seller shall be mentioned, as well as his registration in the register provided for in Article a of the Article. L. 141-3 or, where appropriate, the name, address and registration of the federation or union referred to in the second paragraph of the article R. 211-2.

Article R211-4

Created by Decree n°2009-1650 of 23 December 2009 - art. 1

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 during the journey 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 tourist classification corresponding to the regulations or customs of the host country;

3° Catering services offered ;

4° The description of the itinerary in the case of a tour ;

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, particularly in the event of border crossings, and the time limits for their completion;

6° Visits, excursions and other services included in the package or possibly available for an extra charge ;

7° The minimum or maximum size of the group allowing the journey or stay to take place and, if the journey or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the journey or stay; this date may not be set less than twenty-one days before departure ;

8° The amount or percentage of the price to be paid as an advance payment on conclusion of the contract and the schedule for payment of the balance

9° The procedures for price revision as provided for in the contract in application of Article R. 211-8 ;

10° The conditions of cancellation of a contractual nature

11° The cancellation conditions defined in the 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° Where the contract includes air transport services, the information, for each flight section, provided for in Articles R. 211-15 to R. 211-18.

Article R211-5

Modified by Decree n°2009-1650 of 23 December 2009 - art. 1

The prior information given to the consumer commits the seller, unless the seller has expressly reserved the right to modify certain elements of the information. The seller must, in this case, clearly indicate to what extent this modification can take place and on which elements.

In any event, changes to the prior information must be communicated to the consumer before the contract is concluded.

Article R211-6

Modified by Decree n°2009-1650 of 23 December 2009 - art. 1

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. Where the contract is concluded by electronic means, the following Articles shall apply 1369-1 à 1369-11 of the civil code. 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 journey and, in the case 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 type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification by virtue of the regulations or customs of the host country ;

5° Catering services offered ;

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 as well as the indication of any revision of this invoicing by virtue of the provisions of Article R. 211-8 ;

9° The indication, if applicable, of fees or taxes relating to certain services such as landing, disembarkation or embarkation taxes in ports and airports, tourist taxes when they are not included in the price of the service(s) provided;

10° The schedule and terms of payment of the price; the last payment made by the buyer may not be less than 30% of the price of the trip or stay and must be made when the documents enabling the trip or stay to be carried out are handed over;

11° The special conditions requested by the buyer and accepted by the seller;

12° The terms and conditions under which the buyer may lodge a complaint with the seller for non-performance or poor performance of the contract, a complaint which must be sent as soon as possible, by any means enabling an acknowledgement of receipt to be obtained from the seller, and, where appropriate, notified in writing to the tour operator and the 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° The conditions of cancellation of a contractual nature ;

15° The conditions for cancellation provided for in the articles R. 211-9, R. 211-10 and R. 211-11 ;

16° Details concerning the risks covered and the amount of the 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 information concerning the assistance contract covering certain specific risks, in particular repatriation costs in the event of an 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 case of assignment of the contract by the buyer ;

19° An undertaking to provide the buyer, at least ten days before the date scheduled for his departure, with the following information

(a) 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 assist the consumer in the event of difficulties or, failing that, the telephone number for urgent contact with the seller ;

(b) In the case of travel and stays abroad by minors, a telephone number and address for direct contact with the child or the person responsible for the child's stay in the country;

20° The clause of cancellation and reimbursement without penalties of the sums paid by the buyer in case of non-compliance with the obligation of information provided for in 13° of article R. 211-4 ;

21° The commitment to provide the buyer, in good time before the start of the trip or stay, with the departure and arrival times.

Article R211-7

Modified by Decree n°2009-1650 of 23 December 2009 - art. 1

The purchaser may assign his contract to a transferee who fulfils the same conditions as him to carry out the trip or stay, as long as this contract has not produced any effect.

Unless a more favourable stipulation is made to the assignor, the assignor is obliged to inform the seller of his decision by any means allowing him to obtain an acknowledgement of receipt no later than seven days before the start of the journey. In the case of a cruise, this period is extended to fifteen days. Under no circumstances shall this transfer be subject to prior authorisation by the seller.

Article R211-8

Modified by Decree n°2009-1650 of 23 December 2009 - art. 1

Where the contract expressly provides for the possibility of price revision, within the limits provided for in Article L. 211-12In the event of a change in the price of a trip or stay, it must mention the precise methods of calculation, both upwards and downwards, of the variations in prices, and in particular the amount of transport costs and related taxes, the currency or currencies which may have an impact on the price of the trip or stay, the proportion of the price to which the variation applies, the rate of the currency or currencies used as a reference when the price appearing in the contract is established.

Article R211-9

Modified by Decree n°2009-1650 of 23 December 2009 - art. 1

If, before the buyer's departure, the seller is forced to make a change to one of the essential elements of the contract, such as a significant increase in price, and if he fails to comply with the obligation to provide information mentioned in paragraph 13 of article R. 211-4If the buyer is not satisfied with the goods, 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 allowing an acknowledgement of receipt to be obtained, 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 allowing an acknowledgement of receipt to be obtained, the buyer may, without prejudice to any claims for compensation for any damage suffered:

-either cancel the contract and obtain immediate reimbursement of the sums paid without penalty;

-either accept the modification or substitute trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price shall be deducted from any sums still due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the excess must be returned to him before the date of his departure.

Article R211-10

Modified by Decree n°2009-1650 of 23 December 2009 - art. 1

In the case provided for in Article L. 211-14When, before the departure of the buyer, the seller cancels the trip or the stay, he must inform the buyer by any means allowing him to obtain an acknowledgement of receipt; the buyer, without prejudice to any recourse in compensation for any damage suffered, obtains from the seller the immediate reimbursement without penalty of the sums paid; the buyer receives, in this case, compensation at least equal to the penalty he would have borne if the cancellation had been made by him on that date.

The provisions of this article do not in any way prevent the conclusion of an amicable agreement whose purpose is the acceptance, by the buyer, of a substitute trip or stay proposed by the seller.

Article R211-11

When, after the departure of the buyer, the seller is unable to provide a preponderant 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 damages that may have been suffered:

-either offer services in replacement of the services provided, possibly bearing any additional price and, if the services accepted by the buyer are of inferior quality, the seller must reimburse the difference in price upon return;

-either, if he cannot offer any replacement service or if these are refused by the purchaser for valid reasons, provide the purchaser, without any additional charge, with transport tickets to ensure his return 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 shall apply in the event of non-compliance with the obligation provided for in paragraph 13 of Article R. 211-4.

Article R211-12

Modified by Decree n°2009-1650 of 23 December 2009 - art. 1

The provisions of Articles R. 211-3 to R. 211-11 must obligatorily be reproduced on brochures and travel contracts proposed by the persons mentioned in Article L. 211-1.

SPECIAL CONDITIONS OF SALE

1 - The buyer can no longer invoke the benefit of the clause provided for in 20° of the article R. 211-6 after the service has been provided.

2 - Order and deadline of paiement
Toute order will be effective only after signature of the contract and payment of a deposit equal to 50% of the total estimated amount of the price of the trip made out to "Destination Évasion France". The balance must be paid no later than 15 days before the start date of the services. In case of reservation less than 15 days before departure, the customer will have to pay the totality of the price at the time of the order. If the customer has not paid the full price within the above time limits, the customer will be deemed to have cancelled the order and will be liable for the cancellation fees provided for below.

3 - Fees of annulation
Le scale of cancellation fees is as follows:
- More than 30 days before the contractual arrival date: 50% of the total price total
- Between 30 and 21 days before the contractual arrival date: 70% of the total price - Between 21 and 7 days before the contractual arrival date: 90% of the total price - Less than 7 days before the contractual arrival date: 100% of the total price

4 - Réclamations
Toute complaint is only admissible if it is notified to "Destination Évasion France" by registered letter with acknowledgement of receipt no later than eight days after the end of the event.

5 - Civil liability insurance professionnelle
La Destination Évasion France has taken out a contract of RCP insurance covering the consequences of his professional civil liability with HISCOX in the conditions provided for by the texts in force. Amount of cover for all damages 1 500 000 € per claim and per year insurance.

6- Data personnelles
Conformément to the French law "Informatique et liberté" n°78-17 of January 6, 1978, the customer has a right of access and rectification concerning the information mentioned in this document.