Terms of Sales

TERMS OF SALES

Registration for one of the programs presented on this site implies acceptance of the conditions below.

The general conditions of sale governing relations between the agencies and their customers were set by the interministerial decree of June 14, 1982, published in the Official Journal of October 27, 1982. They appear on the back of the bulletin that the travel agent gives to time of registration. These general conditions of sale have been modified by decree n ° 94490 of June 15, 1994, taken in application of article 31 of Law n ° 92645 of July 13, 1992.

Art. 95 - Subject to the exclusions provided for in the second paragraph (a and b) of article 14 of the aforementioned law of July 13, 1992, any offer and any sale of travel or stay services gives rise to the delivery of appropriate documents which answer the rules defined by this title.
In the event of non-sale of air tickets or tickets on a regular line not accompanied by services related to this transport, the seller delivers to the buyer one or more tickets for the entire trip issued by the carrier or under his responsibility. In this case of on-demand transport, the name and address of the transporter on whose behalf the tickets are issued must be mentioned. The separate invoicing of the various elements of the same tourist package does not exempt the seller from the obligations made to him by this title.

Art. 96 - Prior to the conclusion of the contract and on the basis of a written support bearing his company name, his address and the indication of his administrative authorization to exercise, the seller must indicate to the consumer the information on prices, dates and the other components of services provided during the trip such as:
  • The destination, means, characteristics and categories of transport used.
  • The type of accommodation, its location, its level of comfort and its main characteristics, its approval and its tourist classification corresponding to the regulations and customs of the host country.
  • Meals provided.
  • The description of the route in the case of a tour.
  • The administrative and health formalities to be completed in the event of, in particular, border crossing, as well as their completion deadlines.
  • Visits, excursions and other services included in the package or possibly available at an additional cost.
  • The minimum or maximum size of the group allowing the completion of the trip or stay as well as, if the completion of 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.
  • The amount or percentage of the price to be paid as a deposit at the conclusion of the contract as well as the schedule for payment of the balance.
  • The terms of price revision as provided for in the contract in application of article 100 of this decree.
  • Cancellation conditions of a contractual nature.
  • The cancellation conditions defined in articles 101 - 102 and 103 below.
  • The conditions concerning the risks covered and the amount of guarantees taken out under the insurance contract covering the consequences of the professional civil liability of travel agencies and the civil liability of associations and non-profit organizations and local tourism organizations .
  • Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or of an assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness.

Art. 97 - Prior information given to the consumer binds the seller, unless the seller expressly reserves the right to modify certain elements in this information.
In any event, changes to the prior information must be communicated in writing to the consumer before the contract is concluded.

Art. 98 - 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.
It must include the following clauses:
  • The name and address of the seller, its guarantor and its insurer as well as the name and address of the organizer.
  • The destination or destinations of the trip and in the event of a split stay, the different periods and their dates.
  • The means, characteristics and categories of transport used, the dates, times and places of departure and return.
  • The type of accommodation, its location, its level of comfort and its main characteristics, its tourist classification under the regulations or customs of the host country.
  • The number of meals provided.
  • The itinerary in the case of a circuit.
  • Visits, excursions or other services included in the total price of the trip or stay.
  • The total price of the services invoiced as well as an indication of any possible revision of this invoicing by virtue of the provisions of article 100 below.
  • 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.
  • The schedule and terms of payment of the price; in any case, the last payment made by the buyer cannot be lower than the price of the trip or the stay and must be made when submitting the documents enabling the trip or the stay.
  • The special conditions requested by the buyer and accepted by the seller.
  • The terms according to which the buyer can seize the seller of a complaint for non-performance of the contract, the complaint which must be sent as soon as possible, by registered letter with acknowledgment of receipt to the seller and possibly notified in writing to the travel organizer and the service providers concerned.
  • The deadline for informing the buyer, in the event of cancellation of the trip or stay by the seller; in the event that the termination of the trip or stay is linked to a minimum number of participants; in accordance with the provisions of the 7th of article 96 above.
  • Cancellation conditions of a contractual nature.
  • The cancellation conditions provided for in articles 101, 102 and 103 below.
  • Details of the risks covered and the amount of guarantees under the insurance contract covering the consequences of professional civil liability.
  • 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) as well as those concerning the assistance contract covering certain specific risks, in particular costs repatriation in the event of accident or illness; in this case the seller must give the buyer a document specifying at least the risks covered and the risks excluded.
  • The deadline for informing the seller in the event of an assignment by the buyer.
  • The commitment to provide the buyer, in writing, at least ten days before the date scheduled for his departure, the following information:
  • 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 number call making it possible to urgently establish direct contact with the seller or the person in charge of the stay.

Art. 99 - The purchaser may assign his contract to a transferee who meets the same conditions as him for making the trip or stay as long as this contract has not produced any effect unless the transferor has an unfavorable stipulation, the latter is required to inform the seller of his decision by registered letter with acknowledgment of receipt no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This transfer is under no circumstances subject to prior authorization from the seller.

Art. 100 - When the contract includes an express possibility of price revision, within the limits provided for in article 19 of the aforementioned law of July 13, 1992, it must mention the precise methods of calculation, both upwards and downwards, of the price variations, 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 part of the price to which the variation applies, the rate of the currency (s) used as reference when establishing the price appearing on the contract.

Art. 101 - When, before the buyer's departure, the seller is forced to make a modification to one of the essential elements of the contract such as a significant increase in the price, the buyer may, without prejudice to recourse for compensation for any damage suffered and after having been informed by the seller by registered letter with acknowledgment of receipt:
  • Or terminate the contract and obtain immediate reimbursement of the sums paid without penalty.
  • Either accept the modification or the 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 the sums possibly remaining due by the buyer and if the payment made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of his departure

Art. 102 - In the case provided for in article 21 of the aforementioned law of July 13, 1992 when, before the buyer's departure, the seller cancels the trip or stay, he must inform him by registered letter with acknowledgment of receipt . The buyer, without prejudice to recourse for compensation for any damage suffered, obtains immediate reimbursement from the seller without penalty of the sums paid; in this case, the buyer receives compensation at least equal to the penalty he would have incurred if the cancellation had been made by him on that date.
The provisions of this article do not in any way preclude the conclusion of an amicable agreement having as its object the acceptance by the buyer of a substitute trip or stay offered by the seller.

Art. 103 - When, after the buyer's departure, the seller is unable to provide a preponderant part of the services provided for in the contract and representing a significant percentage of the price paid by the buyer, the seller must immediately take the following provisions without prejudice to recourse for compensation for any damage suffered: if he cannot offer any replacement service or if these are refused by the buyer for valid reasons, provide the buyer with the securities at no additional cost of transport to ensure its return under conditions that may be deemed equivalent to the place or to another place accepted by both parties.
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