1. WEBSITE PUBLISHER
Marc & Montmija
3 rue Victor Hugo
09000 Foix – France Tél : 05 61 64 88 54
Mail : [email protected]
Terms and Conditions of Sale
The conditions under which activities relating to the organization and sale of travel or tourist packages are carried out are governed by articles L. 211-1 et seq. and R. 211-1 et seq. of the French Tourism Code. ARTICLE 1 – DEFINITIONS The “Association” refers to the Marc et Montmija Association. It is a member of the Cap France network. Its business is the sale of holidays and the provision of accommodation in the vacation village(s) it manages. The “Customer” refers to any person using the Website to order any Service offered by the Association, as well as any person on whose behalf an order has been placed. An “Order” refers to any reservation made and validated by the Customer. The “Special Terms and Conditions of Sale” refer to the contractual terms and conditions specific to each Order issued by the Association, which must be accepted by the Customer prior to any commitment on his/her part in connection with an Order. The “Contract” comprises all the documents formalizing the reciprocal commitments entered into by the Association and the Customer: in particular, these General Terms and Conditions of Sale and the associated Special Terms and Conditions of Sale. In accordance with the provisions of article L. 211-2 of the French Tourism Code, “Tourist Packages” refers to all services on sale on the Website which may combine transport and/or accommodation with another tourist service (provided that they represent a significant proportion of the package), all involving at least one overnight stay or a minimum duration of 24 hours. The sale of a Tourist Package is offered at an all-inclusive price. “Stay” or “Rental” refers to any other service offered for sale on the Site that does not constitute a Tourist Package within the meaning of the French Tourism Code. “Partner” refers to any service provider providing services on behalf of the Association. This may include rental companies, sports clubs, event organizers (concerts, festivals, cruises, etc.). “Service” refers to any service provided by the Association to the Customer, whether presented in its catalog or tailor-made on the basis of a specific, customized request. ARTICLE 2 – SCOPE OF APPLICATION 2.1. The present General Terms and Conditions of Sale apply to all Orders placed on the Website, via the telephone platform (whose contact details are specified in article 4) or directly at the Association’s physical reception premises, by post or by e-mail. They also apply to any additional Service(s) validated by the Customer during his/her stay. The present General Terms and Conditions of Sale apply to all Customers, whether they are making individual bookings (for a maximum of 9 people) or group bookings (consisting of 10 people or more). The sale of tourist services is governed in particular by the French Consumer Code and, more specifically, by Title 1 of Book II of the French Tourism Code concerning the organization of travel and holiday sales. In accordance with article R. 211-12 of the French Tourism Code, articles R. 211-3 to R. 211-11 of said Code are reproduced below.
These General Terms and Conditions of Sale are valid as of 01/10/2017. This version cancels and replaces all previous versions. The Customer is invited to read these General Terms and Conditions of Sale carefully. They are referenced by hypertext link on the Website before confirmation of the Order, in catalogs and brochures as well as in the Association’s sales offices. You are advised to download and/or print them and keep a copy. It is also advisable to read these General Terms and Conditions of Sale before validating any new Order, as they may be modified at any time. 2.2. The present General Terms and Conditions of Sale do not apply to the provision of 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 Association nor one of its Partners) on the occasion of the running of the Tourist Package or the Stay. ARTICLE 3 – ASSOCIATION ORGANIZING TOURS AND/OR STAYS All the Services covered by these General Terms and Conditions of Sale are organized (produced and/or distributed) by : Name : Marc et Montmija Status : Association Address : 3 rue Victor Hugo 09000 Foix Tel : 05 61 64 88 54 Fax : 05 61 64 89 17 Email : [email protected] N° SIRET : 78177255300108 Code APE : 5520Z The Association, as a member of the Cap France network, whose head office is located at 28 place Saint-Georges in Paris (75009), is, by extension : Registered with the Atout France register of travel and holiday operators, under number IM075110087
Benefits from the financial guarantee of UNAT in application of II a) and III c) of article L. 211-18 of the Tourism Code;
The Association 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 MAIF 1 rue Henri Matisse BLAGNAC ARTICLE 4 – INFORMATION TO THE CUSTOMER 4.1 – Information prior to the conclusion of the Contract The information and visuals appearing on the various communication media (brochures, catalogs, Internet site, etc.) of the Association and/or the Cap France network, may be subject to modifications brought to the attention of the Customer prior to the conclusion of the Contract. The Association, 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 Association on the characteristics of the said Services by telephone Tel. 05 61 64 88 54 (toll-free call) or by e-mail contact@ marc-montmija.com. It is expressly agreed that certain activities offered by the Association or one of its Partners are not necessarily available depending on the season and/or that they are conditional on the registration of a minimum number of participants.
4.2 – Information prior to the commencement of the Services The Association undertakes to provide the Customer, at least ten (10) days prior to the planned date of departure, with information such as the name, address and telephone number of the main site where the Services are to be performed or, failing this, the names, addresses and telephone numbers of local organisations likely to be able to help the Customer in the event of difficulty or, failing this, the telephone number enabling urgent contact to be made with the Association. ARTICLE 5 – ABSENCE OF THE RIGHT OF RETRACTATION The Customer is hereby informed that, in application of articles L. 121-16-1 and L. 121-21-8 12° of the French Consumer Code, in the case of tourist packages, accommodation services (other than residential accommodation), goods transport services, vehicle rental, catering or leisure activities which must be provided on a specific date or at a specific time, the Services offered by the Association are not subject to the right of withdrawal provided for in articles L. 121-21 et seq. of the French Consumer Code concerning distance selling. Consequently, Services ordered on the Website or via the telephone platform are subject exclusively to the cancellation and modification conditions set out in these General Terms and Conditions of Sale and/or in any Special Terms and Conditions of Sale. ARTICLE 6 – FORMATION OF THE CONTRACT All Orders are reserved for Customers who have read the present General Terms and Conditions of Sale in their entirety, as well as the Special Terms and Conditions specific to each Order, and accepted the latter by clicking on the Website, or, where applicable, with one of the Association’s sales agents, by telephone or at one of its physical sales outlets. The Contract formed under the conditions specified in article 7.2.3 below is binding on the Customer and all participants identified on the reservation, who accept without reservation, on their own behalf and on behalf of the persons for whom they are responsible, the present Sales Conditions and any Special Conditions, and undertake to comply with all instructions and guidelines relating to the said order which may emanate from any document or instruction from the Association. It is the responsibility of the person making the reservation to ensure that all participants are aware of and accept these conditions and obligations. ARTICLE 7 – TERMS AND CONDITIONS OF ORDER AND CONTRACT CONCLUSION 7.1 – Valid booking conditions For all bookings, whatever the medium, the Customer must be at least 18 years of age (or an emancipated minor) and legally capable of entering into a contract. The Customer guarantees the truthfulness and accuracy of the information he/she provides to make a reservation, whether this data concerns him/herself directly or another participant in the Services. Any fraudulent behaviour in this respect, or which contravenes the terms of the Contract in particular, may result in the Association refusing to allow the Customer to complete the Order, to access the Services concerned and/or in legal proceedings. 7.2 – Conclusion of the Contract by electronic means 7.2.1. Once the Contract has been validly concluded, it is archived by the Association on a computer medium, in compliance with the mandatory legal period.
7.2.2. Le respect d‘étapes pour la conclusion à distance du Contrat, recensées ci-dessous, est une condition obligatoire pour la conclusion du Contrat par voie électronique. A défaut, le Contrat ne produit aucune force obligatoire et l’Association est libre de ne pas effectuer les Prestations concernées. Etapes de conclusion du Contrat par voie électronique : – Le Client effectue une recherche sur le Site internet ; – Suite à cette requête, une ou plusieurs offres de Prestations sont communiquées au Client. Celui-ci est également informé de la non application du droit de rétractation dans le cadre de toute vente effectuée à distance et des conditions d’annulation applicables auxdites Prestations ; – Le Client valide son choix par un clic sur la Prestation désirée. Le Client devra indiquer une adresse mail valable et qu’il s’engage à consulter régulièrement. – Un récapitulatif reprenant l’ensemble de ses choix, avec la date et le prix total de la ou des Prestation(s), permet au Client de vérifier le détail de sa Commande. Le Client doit s’assurer que toutes les informations affichées sont conformes à ses souhaits (nature des Prestations, date, heure, mode et adresse du séjour, prix, identité, âge des participants, etc..). A défaut, il peut en faire la modification avant validation de sa Commande. Après cette validation ces informations ne pourront plus être modifiées. – Sous réserve d’avoir préalablement pris connaissance et accepté de manière expresse les présentes Conditions Générales de Vente et les Conditions Particulières éventuellement applicables, le Client peut valider sa Commande et procéder au paiement, en cliquant sur le bouton dédié à l’achat. Le Contrat est alors valablement conclu. – L’Association, en son nom et au nom de ses Partenaires, transmet au Client dans les meilleurs délais suivant la Commande, par courrier électronique, un accusé de réception confirmant ladite Commande et reprenant ses éléments essentiels tels que l’identification de la Prestation commandée, le prix et les quantités. Toute modification desdites informations est précisée à l’article 9. Le Client doit contacter l’Association dans l’hypothèse où il n’aurait pas reçu de confirmation de Commande dans un délai de cinq (5) jours suivant la conclusion du Contrat. ARTICLE 8 – PRIX ET MODALITES DE PAIEMENT 8.1 – Dispositions générales Les prix sont indiqués en Euros. Les descriptifs des Prestations précisent les éléments inclus dans le prix. Celui-ci est entendu toutes taxes (hors taxe de séjour) y compris les frais l’adhésion à l’Association et les coûts de service y afférents compris. En outre, de manière générale, et sauf mention expresse contraire, ne sont pas compris dans le prix, l’ensemble des dépenses à caractère personnel au Client, ou accessoires à la Commande, notamment les assurances les activités supplémentaires souscrite auprès de tiers tel que précisé à l’article 2.2 et plus généralement toute prestation non expressément incluse dans la confirmation de réservation. Les réductions de prix et offres promotionnelles indiquées sur le Site, les brochures et autres documents de l’Association sont, sauf indication écrite contraires, non cumulables entre elles pour une même Commande.
8.2 – Administration fees In accordance with article L.211-1.IV of the French Tourism Code, the price of the Order may include the payment of administration fees to the Association for any person taking part in the execution of the services. This fee amounts to : Families and couples: 21 €
Individuals: 10 €
Groups: 70 € 8.3 – Price changes The prices of the Services have been determined on the basis of the economic conditions prevailing on the date of the Order. The Association reserves the right to modify prices at any time up to the date of confirmation of the Order. 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 Association 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. 8.4 – Deposit 8.4.1 Deposit for an Order for individual Services For all Orders validated more than 30 days from the departure date (which is not included), a deposit representing 30% of the total price including all taxes (VAT) is paid by the Customer on the day the Contract is concluded. The balance must be paid no later than 30 days before the scheduled departure date. For bookings made 30 days or less before departure, the full amount of the Order price is due on the day the Contract is concluded. 8.4.2 Deposits for group bookings ** For bookings made at least 12 months before the start of the holiday: Flat-rate deposit (€1,000) then 2 deposits of 30% of the price of the stay to be paid respectively: for the 1st deposit of 30% before the end of the 8th month preceding the stay and for the 2nd deposit of 30% before the end of the 5th month preceding the stay. ** For bookings made less than 12 months before the start date of the holiday: 30% on booking, then a 2nd deposit of 30% of the price of the holiday to be paid before the end of the 5th month preceding the holiday. The balance must be paid 30 days before the start of the stay, without any reminder from the establishment. In addition to the price of the stay, any tourist tax levied by local authorities may be added. 8.5 – Payment methods Payments are made by credit card or e-vacation vouchers when the Order is finalized on the Website and via the telephone platform. Payments may be made by credit card, cheque, cash or “ANCV” vacation vouchers for bookings made at the Association’s physical reception points or by post. In the case of payment by cheque, the cheque must be made payable to the Association, in settlement of the amount of the Order including VAT, with the number of the Customer’s proof of identity written on the back.
Without prejudice to the Customer’s right to cancel the Order in accordance with the conditions set out herein, the Customer shall not be entitled to cancel any payment order made by credit card or cheque. The Customer guarantees the Association that he/she is the holder of the means of payment used and that he/she has sufficient funds to cover payment of the Order in full. If, for any reason whatsoever, the Association is unable to debit the sums due in settlement of the Order, the purchase process will be cancelled. 8.6 – Transaction security In order to ensure the security of transactions carried out by the Customer, in particular on the Website, and to combat credit card fraud, the information transmitted in connection with your Order is automatically analyzed in order to determine a maximum level of reliability. For this reason, the Association may ask the Customer, by e-mail, to provide proof of identity and address, in order to protect itself against fraudulent transactions. By providing this proof, the Association guarantees greater security, by ensuring that the Customer is indeed the owner of the credit card used. In the case of Orders placed by cheque or any other means of payment, the Customer may also be asked to provide proof of ownership of the cheque, in order to guarantee maximum transaction security. 8.7 – Conditions of reimbursement by the Association Unless otherwise indicated by the Association, when a reimbursement is due to the Customer, it is made by cheque. In the case of payment by Chèque ANCV, the Customer’s refund is also made by cheque. ARTICLE 9 – ORDER CANCELLATION/MODIFICATION 9.1 – General provisions No refund or reduction in price is due by the Association for late arrival, early departure or absences by the Customer during the stay. Furthermore, the Association will not reimburse or compensate the Customer in the event that the Customer renounces a Service or any of its elements. Any total cancellation of an Order entails termination of the Contract. 9.2 – Order cancellation/modification by the Association The conditions for Order cancellation and modification by the Association are specified in articles R.211-9 et seq. of the French Tourism Code, reproduced below. The Association reserves the right to cancel any Event if the minimum number of participants is not met. Where applicable, the activities concerned are specified in at least one of the Association’s information documents (catalog, brochure, contractual documents, etc.). Where applicable, the Customer will be informed of the cancellation of the Services concerned no later than twenty-one (21) days before the start of the holiday. In accordance with the provisions of article R. 211-9 of the French Tourism Code, a price increase of more than 10% of the price stated on the Contract is considered substantial.
In the event of modification of the Contract prior to the departure of the Customer, the request for cancellation or acceptance of the modification must be notified to the Association by any written means enabling acknowledgement of receipt (registered letter, fax, e-mail, etc.) within seven (7) days of receipt by the Customer of the information concerning the said modification. Any Contract concluded through fraudulent use of the Site by the Customer or through the use of data not belonging to the Customer shall be cancelled by the Association, without any refund to the Customer and without prejudice to any legal action by the Association. 9.3 – Modification of Orders by the Customer Reservations may be modified via the Association’s telephone exchange or at the physical reception office: Telephone exchange: 05 61 64 88 54 (Open Monday to Friday, 9am to 6pm). Physical reception office: 3 rue Victor Hugo 09000 Foix (open Monday to Friday, 9am to 6pm). Any modification must be confirmed by the customer by e-mail or post.
For any booking of a Service corresponding to a fixed price per night, for a maximum number of people and not per person, the modification of the number of people downwards or upwards, within the limit of the number of people authorized by the Association, will not in any case lead to a modification of the price according to this change. Only the cancellation of all Services will result in reimbursement, subject to the provisions of article 9 of these General Terms and Conditions of Sale. 9.4 – Cancellation of Order by Customer The reference time zone for calculating any reimbursements due to cancellation or modification is as follows: UTC+1.
9.4.1 Cancellation of an Order for Individual Services In the event of cancellation by the Customer of the entire Order for Individual Services, the price or deposit paid in this connection (plus any application fees and membership fees retained by the Association) will be reimbursed in accordance with the following conditions: Cancellation more than 60 days before the start of the stay Only any fees (booking fees, membership fees, etc.) are retained Cancellation between 60 and 30 days before the start of the stay The deposit is retained Cancellation less than 30 days before the start of the stay The full price of the stay remains due No refunds are made for late arrivals, early departures or absences during the stay 9.4.2 Cancellation of an Order for Group Services In the event of cancellation by the customer of the entire Order for Group Services, the price or deposit paid in this respect (plus any booking fees and membership fees retained by the Association) will be reimbursed in accordance with the following conditions: Cancellation more than 90 days before the start of the holiday Cancellation fees amount to 30% of the invoiced amount per person booked Cancellation between 90 and 30 days before the start of the holiday Cancellation fees amount to 40% of the invoiced amount per person booked; Cancellation between 29 and 8 days before the start of the holiday Cancellation fees amount to 70% of the invoiced amount per person booked; Cancellation less than 8 days before the start of the holiday The full invoice is due. No reduction or refund will be made for late arrivals, early departures or absences during the stay. The final headcount must be confirmed in writing to the village no later than the date on which the contract is signed. ARTICLE 10 – ASSIGNMENT OF THE CONTRACT In accordance with article R211-7 of the French Tourism Code, and subject to the Association’s written acceptance, the Customer may assign his Contract to any assignee who meets the same criteria for benefiting from the Services, and in particular the same type of accommodation, the same number of people concerned, children in the same age bracket, the same activities, etc. The Customer may also assign his Contract to another person who meets the same criteria for benefiting from the Services. In such a case, the transferring Customer must inform the Association by any means capable of acknowledging receipt (e.g. registered letter, e-mail) no later than seven (7) days before the start of the holiday in question, excluding the departure date, and must provide all the supporting documents required to complete the transfer of the contract. The Association reserves the right not to accept the said transfer for reasons relating to conditions not fulfilled by the transferee, or for failure to present the relevant supporting documents. Assignment entails payment of a non-refundable handling fee of €70 including VAT, payable by the assignee. This fee is non-refundable in the event of termination of the Contract.
In the event of failure to comply with the aforementioned conditions for the transfer of Services, the Association may decide not to accept the said transfer and to charge the person presented as the transferee for the full amount of the Services concerned. ARTICLE 11 – PERFORMANCE OF SERVICES 11.1 – Occupation of accommodation spaces Accommodation spaces are only available from 5 p.m. on the day of arrival and must be vacated by 10 a.m. on the day of departure, regardless of the time of arrival or departure of the means of transport used by the Customer to reach the location of the Stay, whether included in the Tourist Package or not. If the time is exceeded, an additional night may be charged at the public rate. In the event of any change to these times, the Association will provide the Customer with the departure and arrival times in good time before the start of the trip or stay. If the accommodation concerned by your Order does not have a night reception, we advise you to take the necessary precautions to inform the reception staff in the event of late arrival. Pets are not allowed in the Association’s vacation villages and other accommodation sites (either indoors or outdoors). It is imperative to obtain prior information and to make any request for exemption in writing within a reasonable time prior to the start of the Services. 11.2 – Meals When meals are included in the Contract, their number depends on the number of overnight stays. In addition, it is expressly agreed that: Full board begins with the meal preceding the first night and ends with lunch following the last night of accommodation; for the other days of the Stay, it includes breakfast, lunch and dinner. Half-board starts 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 – LIABILITY 12.1 – Liability of the Association 12.1.1 – When using the Internet Site or the telephone exchange The Association cannot be held liable for any anomaly or error on the Internet Site or the telephone exchange in the event of malfunctions on the sites, software or terminals of the Customer or any third party. Under no circumstances shall the Association be liable for any foreseeable or unforeseeable damage, material or immaterial (including in particular loss of profits or opportunity, etc.) arising from the use or total or partial inability to use the Website or the telephone platform. 12.1.2 – In connection with the performance of the Services In accordance with the provisions of article L.211-16 of the French Tourism Code, the Association is fully liable to you for the proper performance 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 the latter.
The Association is subject to common law civil liability (Article 1240 of the French Civil Code) for all services not falling within the scope of the Services defined in Article L.211-1 of the French Tourism Code. Activities and/or transport carried out as part of the stay and giving rise to the conclusion of a contract between the Customer and an external service provider are the responsibility of the said service provider. Under no circumstances may the Association be held liable in this respect. The Association cannot be held responsible for theft and/or vandalism committed during a Service. The Customer’s personal objects and valuables must be placed under the Customer’s surveillance for the entire duration of the stay/package. 12.2 – Customer’s liability 12.2.1 – When using the Internet Site and the telephone exchange The Customer is responsible for checking that the computer configuration he/she is using is virus-free and in perfect working order. The Customer is financially responsible for the use of the Website and the telephone exchange made both in his own 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 – In the performance of the Services The Customer and all participants concerned by the Order undertake to comply with these General Terms and Conditions of Sale, any Special Terms and Conditions of Sale and all instructions and guidelines relating to the performance of the Services contained in a brochure/catalogue, on the Website or issued orally by the Association 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 attitude of the Customer or that of any of the aforementioned participants is likely to cause harm, danger or disturbance to one of the Association’s employees, to other customers or to any third party in general, the Association 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. The Association also reserves the right to claim reimbursement from the Customer for any costs incurred as a result of such action, 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 – Responsibility for dependents Any person dependent on the Customer, and in particular any minor who has not emancipated, taking part in the Services must be accompanied by one or both parents or their legal guardian. ARTICLE 13 – INSURANCE No compulsory insurance is included in the Services offered by the Association. It is the Customer’s responsibility to take out any other insurance contract such as, in particular, holiday cancellation/interruption insurance or repatriation assistance.
The customer is offered an optional cancellation guarantee as part of the services sold. The clauses and conditions of the cancellation-interruption guarantee, and in particular the events covered, are included in the leaflet attached to your booking contract. 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 shall 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 in the sense of French law and includes strikes by the Association’s staff and/or the staff of one of its partners, major events, unforeseeable and irresistible weather conditions at the time of booking (storms, etc.), hydrological conditions (floods, etc.) and exceptional geographical conditions. The Association reserves the right to cancel any Order in the event of force majeure resulting in a definitive impediment. In the event of force majeure causing a temporary impediment to the execution of the Order, the latter shall be suspended and the Association reserves the right to modify the date and/or content and/or place of execution, unless the resulting delay justifies termination of the Contract. In any event, total or partial non-performance of the Services, due to force majeure, shall not give rise to any reimbursement or damages on the part of the Association. ARTICLE 15 – INFORMATION AND COMPLAINTS Complaints arising during the performance of the Contract must be lodged as soon as possible, as soon as the fault in question has been identified, with the Association and, where applicable, with any other service provider concerned, so that a solution can be sought immediately. Any post-performance complaint must be addressed to the Association and to the aforementioned service provider, at the latest within one (1) month of the end of performance of the Service, at the address indicated in article 3. Complaints must be sent by any means enabling the Association to acknowledge receipt. In this context, the Customer must respect the personal and confidential nature of all correspondence with the Association. Failing a satisfactory response, the customer may refer the matter to the “Médiateur du Tourisme et du Voyage” within the legal time limits. The contact details and procedures for lodging a complaint can be obtained by consulting the Association’s website: www.mtv.travel and the complaint form is available at the following link: http://www.mtv.travel/Formulaire-mtv.pdf ARTICLE 16 – PROTECTION OF PERSONAL INFORMATION (CNIL) The data collected by the Association as part of the reservation made by the Customer and during the performance of the Services is intended to create a customer file when the Customer registers, and 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.capfrance-vacances.fr marketing site has been declared to the CNIL.
In accordance with articles 39 and 40 of the French Data Protection Act, the Customer has the right to access, modify, rectify and delete data concerning him. ARTICLE 17 – APPLICABLE LAW AND JURISDICTION These 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 relating to their interpretation and/or performance shall be referred to the competent French courts. ARTICLE 18 – MISCELLANEOUS 18.1. The fact that the Association does not, at one time or another, invoke one of the provisions of the present General Terms and Conditions of Sale or, more generally, one of the parts of the Contract, shall not be interpreted as a waiver by the latter of its right to invoke such provision(s) at a later date.Should any provision of the Contract or any of its constituent parts be declared null and void or ineffective, it shall be deemed unwritten, without affecting the validity of the other provisions, unless the provision declared null and void or ineffective was essential and decisive for the performance of the said Contract. 18.2 It is further expressly agreed that, in the absence of manifest error on the part of the Association, the data stored in the Association’s information system, in particular in the electronic messaging tools used by the Association, shall have evidential value with regard to Orders placed and the performance of the parties’ obligations. Data stored on computer or electronic media by the Association shall constitute evidence and, if produced as a means of proof by the Association in any litigation or other proceedings, shall be admissible, valid and enforceable between the parties in the same manner, under the same conditions and with the same evidential value as any document drawn up, received or stored in writing. ARTICLE 19 – EXTRACTS FROM THE TOURISM CODE The brochure or catalog as well as the Order summary proposal, exchanged on paper or by electronic means, constitute the prior information referred to in article R. 211-4 of the Tourism Code. Article R. 211-3 “Subject to the exclusions set out in the third and fourth paragraphs of article L. 211-7, all offers and sales of travel or holiday services must be accompanied by appropriate documents which comply with the rules set out in the present section. In the case of the sale of air tickets or tickets for scheduled air travel not accompanied by services related to such travel, 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 transportation on demand, the name and address of the carrier, 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 vendor from the obligations imposed on him by the regulatory provisions of the present section.” Article R. 211-3-1 “The exchange of pre-contractual information or the provision of contractual conditions shall be in writing. They may be made by electronic means under the conditions of validity and exercise set out in articles 1127 to 1227-6 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 the prices, dates and other constituent elements of the services provided in connection with 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 certification and tourist classification in accordance with the regulations or customs of the host country; 3° The catering services offered; 4° A description of the itinerary in the case of a tour; 5° The administrative and health formalities to be completed by nationals of France or of another member state of the European Union or of a state party to the Agreement on the European Economic Area, particularly in the case of border crossings, and the time required to complete them; 6° The visits, excursions and other services included in the package or which may be available at an additional cost; 7° The minimum or maximum size of the group enabling the trip or holiday to take place and, if the trip or holiday is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or holiday; This date may not be less than twenty-one days before the Departure Date; 8° The amount or percentage of the price to be paid as a deposit on conclusion of the contract, and the schedule for payment of the balance; 9° The terms and conditions for price revision as provided for in the contract in application of article R. 211-8; 10° Contractual cancellation conditions; 11° 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 of 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 flight segment, provided for in articles R. 211-15 to R. 211-18. ” Article R. 211-5 “The prior information provided to the consumer is binding on the seller, unless the seller has expressly reserved the right to modify certain elements of the information.
In this case, the seller must clearly indicate the extent to which this modification may be made, and on which elements. In any event, modifications to the prior information must be communicated to the consumer before the contract is concluded.” Article 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 1125 to 1127-6 of the French Civil Code shall apply.
The contract must include the following clauses: 1° The name and address of the seller, his guarantor and insurer, and the name and address of the organizer; 2° The destination or destinations of the trip 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, 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 in the case of a tour; 7° The 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 an indication of any revision of this invoicing by virtue of the provisions of article R. 211-8; 9° An indication, where applicable, of any fees or taxes relating to certain services, such as landing, disembarkation or embarkation taxes in ports and airports, and tourist taxes, where these are not included in the price of the service(s) provided; 10° The payment schedule and terms of payment; the last payment made by the purchaser may not be less than 30% of the price of the trip or stay, and must be made on delivery of the documents required to complete the trip or stay; 11° Any special conditions requested by the purchaser and accepted by the vendor; 12° The conditions under which the purchaser may lodge a complaint with the vendor for non-performance or improper performance of the contract. This complaint must be sent as soon as possible, by any means enabling the vendor to obtain an acknowledgement of receipt, and, where applicable, notified in writing to the travel organizer and service provider concerned; 13° The deadline for informing the purchaser in the event of cancellation of the trip or holiday by the seller, where the trip or holiday is subject to a minimum number of participants, in accordance with the provisions of 7° of article R. 211-4; 14° Contractual cancellation conditions; 15° 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° Details concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of insurer) as well as those concerning 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 transfer of the contract by the buyer; 19° The undertaking to provide the buyer, at least ten days before the planned date of 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 organizations likely to be able to help the consumer in the event of difficulty or, failing that, the telephone number enabling urgent contact to be made with the seller; b) For trips and stays abroad for minors, a telephone number and address enabling direct contact to be made with the child or the person in charge of the child’s stay; 20° The cancellation and reimbursement clause, without penalty, of sums paid by the purchaser in the event of failure to comply with the information obligation stipulated in 13° of article R. 211-4; 21° The commitment to provide the purchaser, in good time before the start of the trip or holiday, with the departure and arrival times.” Article R. 211-7 “The purchaser may assign his contract to a transferee who meets the same conditions as he does to take the trip or stay, as long as this contract has not produced any effect. Unless otherwise stipulated, the assignor must inform the seller of his decision by any means capable of producing an acknowledgement 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. Under no circumstances is this transfer subject to the seller’s prior authorization. Article R. 211-8 “When the contract includes the express possibility of revising the price, within the limits stipulated in article L. 211-12, it must mention the precise methods of calculation, both upwards and downwards, of 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 portion of the price to which the variation applies, the rate of the currency or currencies used as a reference when establishing the price appearing in the contract.” Article 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 price increase, and when he fails to comply with the information obligation mentioned in 13° of article R. 211-4, the purchaser may, without prejudice to any claims for damages, and after having been informed by the seller by any means capable of producing an acknowledgement of receipt : -either cancel the contract and obtain immediate reimbursement of the sums paid, without penalty; – or 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 price reduction is deducted from any sums still owed by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned before the date of departure. ” Article R. 211-10 “In the case provided for in article L. 211-14, when, before the departure of the buyer, the seller cancels the trip or stay, he must inform the buyer by any means allowing him to obtain an acknowledgement of receipt; the buyer, without prejudice to recourse for compensation for any damages 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 incurred if the cancellation had been made by him on that date. The provisions of the present article shall in no way prevent the conclusion of an amicable agreement for the purpose of the buyer’s acceptance 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 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 any damage suffered: -If the services accepted by the buyer are of inferior quality, the seller must reimburse the buyer for the difference in price upon the buyer’s return; -If the seller is unable to offer any replacement services, or if these are refused by the buyer for valid reasons, the seller must provide the buyer, at no extra cost, with transport tickets to ensure the buyer’s return under conditions that can be deemed equivalent, to the place of departure or to another place accepted by both parties.
The provisions of the present article apply in the event of non-compliance with the obligation set out in 13° of article R. 211-4.”
