General Terms of Service
“VACATION PACKAGES” Definitions
In the present General Terms of Service (hereinafter referred to as the “GTS”), the following definitions shall apply:
“MARINELAND RESORT”: the company SAS Marineland Resort, a single-member simplified corporation with capital of €37,000, registered with the Antibes Trade & Companies Register (RCS) under number 800 828 816 and headquartered at:
SAS Marineland Resort
2 route de la Brague
Lotissement de la Brague
Tel: +33 (0)4 83 88 14 00
Fax: +33 (0)4 83 88 14 12
Email: firstname.lastname@example.org (Reception)
“Website”: website located at the following URL: http://www.marineland.fr/en/marineland-resort.
“Park”: MARINELAND Park, located in Antibes, France.
“CUSTOMER”: any physical person with whom MARINELAND RESORT has concluded a contract for the performance of services for Vacation Packages.
Hereinafter collectively referred to as the “Parties” and individually as a “Party.”
“Partner”: any hotel offering hospitality services for the accommodation portion of a Vacation Package.
“Special Partner Conditions”: the general terms of sale, rules and regulations, and other provisions specific to each Partner with which the CUSTOMER may have a contract as part of a Vacation Package.
“Order”: any contract binding the CUSTOMER to MARINELAND RESORT for the fulfillment and execution of a Vacation Package.
“Online Ticket Office”: portal on the Website, used to purchase one or more Vacation Packages.
“Vacation Package”: for the present purposes, the sale, for an overall price, of a service lasting more than 24 hours or including an overnight stay and combining both of the following components:
- a hotel service (hereinafter referred to as the “Hotel Service”);
- one or more admissions to the MARINELAND Park.
Transportation services are expressly excluded from the Vacation Packages covered by the present GTS. Consequently, any provisions of the French Tourism Code referencing such services will not apply to the present GTS. The sale of Vacation Packages is governed by Book II, Title 1 of the Tourism Code, on the organization of the sale of trips and stays. Pursuant to Article R211-14 of the Tourism Code, Articles R211-5 to R211-13 of that code are reproduced below, in Appendix I.
1 - General information
1.1 The present GTS apply to any online Orders placed for one or more Vacation Packages purchased by the CUSTOMER via MARINELAND RESORT’s Online Ticket Office. Said Vacation Packages may only be used for the date(s) selected by the CUSTOMER at the time of Order placement. The present General Terms can be accessed on the Website and are appended to MARINELAND’s catalog.
1.2 The CUSTOMER represents that he/she has the legal capacity to conclude the present contract, meaning he/she is of legal age and is not under legal guardianship.
1.3 Order placement entails the CUSTOMER’s express, unconditional acceptance of all of the clauses and conditions set out in the present GTS. Consequently, the CUSTOMER represents and warrants that he/she is fully familiar with these clauses and conditions and, therefore, waives any invocation of any other document.
1.4 MARINELAND RESORT reserves the right to unilaterally modify the present GTS, at any time, and to apply the new GTS to any Orders placed after the date of modification.
1.5 If MARINELAND RESORT opts not to invoke any of the present conditions during a given period of time, this shall not be interpreted as a waiver of any subsequent invocation of said condition or, more generally, any of the conditions set out herein.
1.6 Regardless of any terminology that may be employed, the present GTS shall apply to services rendered and shall not entail any transfer of ownership, such that none of the provisions herein may be interpreted as constituting an actual sale of property.
2 - Orders
2.1 Orders of Vacation Packages are subject to the present GTS, as well as to the Special Partner Conditions.
2.2 To place an Order, the CUSTOMER must complete the Order form, including the details of the chosen services. Before any Order is submitted, the CUSTOMER will have the opportunity to review his/her selection and edit it as he/she sees fit.
The Order will only be finalized after the third and final validation of the Order summary screen. That last click will have the same value as the handwritten signature referenced in Article 1341 of the French Civil Code (hereinafter referred to as the “acceptance click”). After the acceptance click described above, the Order will be considered as final and irrevocable and may then only be altered in specific cases, an exhaustive list of which is provided below. Before that click, the CUSTOMER will be able to identify and correct any errors.
2.3 Upon submission of an Order, the CUSTOMER’s computer will automatically be redirected to a page confirming final acceptance of the Order. The CUSTOMER will also receive a confirmation email. Either of these two forms of confirmation may be produced to obtain access to the Park and to the Hotel Service. For that reason, the CUSTOMER using the ordered services must print out the confirmation, in accordance with Article 2.6 below.
2.4 MARINELAND RESORT guarantees that the CUSTOMER’s bank account will only be debited once, via MARINELAND RESORT’s secure payment site, for the total amount of the Order for the Vacation Package, at the time of final submission as set out in Article 2.2.
2.5 All of the information appearing in the confirmation emails will be considered as accepted by the CUSTOMER, unless the latter challenges them in a registered letter sent with return receipt within eight days. However, the CUSTOMER may only challenge any information that differs from the original Order.
2.6 The CUSTOMER can save and/or print the confirmation page or the confirmation email sent by MARINELAND as proof of Order placement, which will constitute his/her accommodation reservation. MARINELAND RESORT recommends that the CUSTOMER should keep a copy of that confirmation. The CUSTOMER can print out the purchased Park admission tickets directly on his/her own printer or can request their print-out from the relevant service at MARINELAND upon arrival, subject to production of the written confirmation (page or email) and proof of identification (national ID card of the person who placed the Order, credit/debit card used, etc.), the username and the date of the reservation.
2.7 Pursuant to Article L121-20-4, point 2, of the French Consumer Code, the CUSTOMER is not entitled to the seven-day cooling-off period stipulated in Article L121-20 of that same code.
3 - General rules for the sale of Vacation Packages
3.1 Any Vacation Packages purchased by the CUSTOMER in order to access the Park shall in no way guarantee him/her a seat at the shows and shall give rise to no special advantages during busy periods. It is possible that some of the activities listed in the description provided on the Website may be canceled, namely due to weather, force majeure events or visits outside the tourist season. Cancellation of any activity due to force majeure or to the actions of a third party to the contract shall not, in any event, lead to any compensation payable to the CUSTOMER by MARINELAND RESORT.
3.2 Prices. The descriptions of the Vacation Packages provided by the Online Ticket Office state the services included in the price of each package. All prices are provided in euros, including VAT, unless otherwise stated by the Online Ticket Office. As a reminder, a number of additional taxes (tourist tax, bed tax, etc.) may be applied to the Hotel Service, which are to be paid directly to the hotel. Those additional taxes, if they exist, are the CUSTOMER’s responsibility to pay. For the Hotel Service, the prices are calculated based on the number of nights, not on the number of whole days. As a general rule, and unless otherwise stated, the prices will exclude any insurance and personal expenses (laundry, telephone, beverages, room service, tips, etc.) and, more generally, any services not expressly mentioned by the Online Ticket Office. The prices that appear in the Online Ticket Office may be modified at any time, without notice, with the understanding that any such modifications will not apply to Orders already accepted.
3.3 Payments for Orders placed under the present GTS may only be made by credit/debit card (Carte Bleue, Visa or Eurocard/Mastercard). Payment for the Hotel Services ordered by the CUSTOMER from the Partners on the Website is made directly to MARINELAND RESORT, by providing the CUSTOMER’s credit/debit card number to a secure payment system. MARINELAND RESORT will handle payment to the Partner for the service, such that the CUSTOMER will not need to make any payments directly to the Partner for the Vacation Package, with the exception of any additional taxes for the Hotel Service, as described above.
3.4 MARINELAND RESORT will produce a summary invoice containing the date and amount of the sums paid by the CUSTOMER for the Vacation Package, as well as the service costs and fees for the services ordered by the CUSTOMER, which are borne by the Partners, namely including indirect taxes (VAT and similar taxes) and the other charges necessary to the processing of the CUSTOMER’s Orders.
3.5 Cancellation insurance (policy no. 52124602)
The CUSTOMER may take out insurance with the company Europ Assistance, through MARINELAND RESORT, at the time of reservation.
EXCERPT OF THE STANDARD INSURANCE PROVISIONS
It is specified that only deposits and any other amounts collected by the trip’s organizer will be refunded, as per the terms of sale of the trip (excluding any administrative fees), if the CUSTOMER should need to cancel the trip before departure.
This insurance will cover cancellation of the reservation due to one of the following causes:
SERIOUS ILLNESS, SERIOUS ACCIDENT OR DEATH
including the aggravation of pre-existing conditions and the aftereffects of an earlier accident:
• of yourself, your spouse or the person accompanying you, on condition that the latter appears on the same invoice;
• of your ascendants or descendants and/or those of your spouse or the person accompanying you, on condition that the latter appears on the same invoice;
• of your brothers, sisters, brothers-in-law, sisters-in-law, sons-in-law or daughters-in-law;
• of your replacement at work, on condition that his/her name was provided when the contract was concluded;
• of the person responsible, during your trip, for:
- looking after your minor children, on condition that his/her name was provided when the contract was concluded,
- looking after a person with a disability, on condition that the latter person lives under the same roof as you and is under your legal guardianship and that his/her name was provided when the contract was concluded.
requiring a complete medical leave of absence, on condition that, at the time of departure, the insured person is not more than seven months pregnant.
• of yourself;
• of your spouse;
if the decision was not known at the time of booking your trip or concluding the present contract.
COURT SUMMONS, LIMITED TO THE FOLLOWING CASES:
• when you have been summoned for jury duty;
• in the case of child adoption proceedings;
• in the event of appointment as an expert, requiring your presence.
The court date on the summons must coincide with the dates of your trip.
NOTICE OF A MAKE-UP EXAMINATION
after a fail not known at the time of reserving the trip (higher education only), said examination be scheduled during the period of your trip.
DESTRUCTION OF PERSONAL AND/OR PROFESSIONAL PREMISES
occurring after the date of conclusion of the present contract, as a result of fire, explosion or water damage, on condition that said damage covers more than 50% of the premises.
THEFT ON PERSONAL AND/OR PROFESSIONAL PREMISES
occurring within 48 hours of your departure and whose magnitude requires your presence.
SECURING A JOB OR INTERNSHIP, IF THE INSURED PERSON IS RECEIVING UNEMPLOYMENT BENEFITS
that job or internship beginning before or during your trip.
JOB TRANSFER, OR MODIFICATION OR REFUSAL OF PAID LEAVE DATES BY THE EMPLOYER
after the employer had approved the leave dates prior to signing up for the trip. The following socioprofessional categories are excluded from this benefit: heads of companies, entrepreneurs, freelancers, tradesmen and intermittent show business workers.
The deductible stated in the table of benefits will be applied against the refund amount.
TOURIST VISA DENIED BY NATIONAL AUTHORITIES
without a previous visa application having been denied by that same country’s authorities. Proof of visa rejection from the embassy will be required.
THEFT OF IDENTITY CARD OR PASSPORT
within 48 hours of departure, if those documents are necessary for your trip. The deductible stated in the table of benefits will be applied against the refund amount.
SERIOUS DAMAGE TO YOUR VEHICLE
occurring within 48 hours of departure and rendering the vehicle irreparable by the time needed for you to travel to the meeting point arranged by the trip’s organizer or to the place where you will be staying, on the originally scheduled date and insofar as your vehicle is required in order for you to travel there.
occurring within a radius of 100 km of the holiday resort’s location, within 48 hours of the start date of the trip.
Other than the general exclusions applicable to the contract and set out in the section entitled “WHAT ARE THE GENERAL EXCLUSIONS APPLICABLE TO THE CONTRACT?” this insurance will not cover the following circumstances:
• cancellation because of a person who was hospitalized at the time of booking the trip or concluding the contract;
• pregnancy complications in a woman more than seven months pregnant at the time of departure;
• illness requiring psychological or psychotherapeutic treatment, including nervous breakdowns resulting in hospitalization of fewer than four consecutive days at the time of cancellation of the trip;
• vaccine contraindication or failure to get a vaccination;
• accidents while engaging in the following sports: bobsledding, rock-climbing, skeleton, mountaineering, competitive luge, any aerial sports, as well as any accidents while participating in training for matches or competitions;
• failure to present any documents that are required for the trip, such as passports, visas, tickets for transportation or immunization records, for any reason whatsoever;
• diseases or accidents for which the insured person has been diagnosed, relapsed, aggravated or hospitalized between the date of purchase of your trip and the date of conclusion of the present contract.
Trip cancellation coverage does not cover the inability to leave on the trip related to the organizer’s material organization of the trip or to the accommodation or security conditions at the destination.
IF YOU WANT TO FILE A CLAIM FOR INSURANCE BENEFITS:
You must file your claim within five business days of your becoming aware of the claim event. You, or any person acting in your name, must complete and sign the claim attached to these Standard Insurance Provisions and send it, along with all supporting documentation, to:
1 promenade de la Bonnette
92633 Gennevilliers Cedex
Fax: +33 (0)1 41 85 85 61 - Email: email@example.com
In all instances, the cancellation insurance subscriber should refer to the Standard Insurance Provisions (policy no. 52124602).
Any request from the CUSTOMER to cancel or modify the Vacation Package must necessarily be sent, by registered letter with return receipt, to MARINELAND RESORT, which will receive it in the name of and on behalf of the concerned Partners, at the following address: Marineland Resort, Service Clients, 2 plaine de la Brague, 06600 Antibes, France.
Except in cases of force majeure, in the event of cancellation of the Vacation Package by a CUSTOMER who did not take out cancellation insurance at the time of booking with MARINELAND RESORT, all of the amounts paid by the CUSTOMER to MARINELAND RESORT will remain the property of MARINELAND RESORT, without prejudice to any damages that the latter may claim for the harm suffered due to the cancellation.
Except in cases of force majeure or CUSTOMER fault, in the event of cancellation of the Vacation Package by MARINELAND RESORT, the CUSTOMER will receive a refund of twice the amount already paid for the Vacation Package.
3.6 Photos and illustrations
Every effort is made to provide photos and illustrations that will give the CUSTOMER a glimpse of the proposed services. The purpose of those photos and illustrations is to indicate the accommodation category or comfort level to the CUSTOMER.
4 - Special rules for Hotel Services
4.1 The purpose of this section is to offer a description of the Hotel Services in the name of and on behalf of the Partners, in the interest of informing the CUSTOMER. This description is not exhaustive and does not replace the Special Partner Conditions. Unless specified otherwise by law, this description shall not engender any commitments or liability on the part of MARINELAND RESORT.
4.2 As a reminder, most rooms are only available after 3 pm and must be vacated by 12 pm, regardless of the time of arrival or the time of departure of the CUSTOMER’s chosen mode of transportation. Single rooms typically contain one single-person bed. These rooms are often subject to a supplement. Double rooms are provided either with two beds or, less commonly, one double bed.
4.3 Indications of hotel comfort levels provided in the descriptions available on the Website are given for reference purposes only. It is possible that, under the conditions described in Article 5.2 below, the hotel that was initially reserved may be replaced by a hotel of the same category, offering equivalent services.
4.4 It is possible that some of the services offered by the Partners and outlined in the descriptions provided on the Website may be canceled, namely due to force majeure events or stays outside the tourist season.
4.5 If meals are included in the Vacation Package, the number of meals will depend on the number of nights spent at the hotel. Full board includes breakfast, lunch and dinner. Half board includes breakfast and either lunch or dinner, depending on the package. Both full board and half board begin with the meal preceding the first night and end with breakfast after the last night at the hotel. As a reminder, unless otherwise stated in the description of the Vacation Package on the Website, beverages are not included with meals and are, therefore, to be paid by the CUSTOMER.
5 - Obligations of the parties
5.1 MARINELAND RESORT undertakes to organize the contents of the Vacation Package that was ordered by the CUSTOMER, in accordance with Article 2 above.
5.2 If a Partner should find itself unable to honor its obligations regarding the Vacation Package after final acceptance of the Order, and in the interest of providing a stay that meets the CUSTOMER’s expectations, MARINELAND RESORT reserves the right to modify the initial assignment of the hotel rooms, on condition that the new spaces meet the CUSTOMER’s needs. In this instance, MARINELAND RESORT will inform the CUSTOMER of any changes in a timely fashion.
5.3 Every visitor must comply with the rules and regulations posted at the entrance to the sites included in the Vacation Package.
5.4 The CUSTOMER undertakes to comply with all instructions provided by MARINELAND RESORT with regard to the organization of the Vacation Package.
5.5 The CUSTOMER may not transfer his/her Order to a third party without the prior, written notification of MARINELAND RESORT.
6 - Liability
6.1 Pursuant to Article L211-17 of the French Tourism Code, MARINELAND RESORT is responsible to the CUSTOMER for the proper fulfillment of the obligations ensuing from the present GTS, whether those obligations are to be fulfilled by MARINELAND RESORT or by its Partners. However, MARINELAND RESORT may claim exemption from all or part of its liability by providing proof that the failure to execute or improper execution of the contract can be attributed either to the CUSTOMER, or to an unforeseeable and insurmountable action by a third party not involved in the provision of the services covered by the GTS, or to a force majeure event.
6.2 The CUSTOMER will be held liable for any direct or indirect damage that he/she and his/her guests may cause while at the Park or in the hotel, whether to MARINELAND RESORT’s or the hotel’s personnel or clientele, or to any equipment made available to the CUSTOMER by MARINELAND RESORT and/or the hotel.
6.3 MARINELAND RESORT declines all responsibility for any damage of any type whatsoever. All visitors are responsible for any direct or indirect damage that they may cause while at the Park.
6.4 MARINELAND RESORT may not, under any circumstances, be held liable for loss or theft of an admission ticket. A duplicate may, however, be issued at the dedicated ticket counter, upon presentation of official identification, on condition that the ticket has not been used.
7 - Cancellation
7.1 Any change to the CUSTOMER’s arrival date will be considered as the latter’s complete cancellation of the Order.
7.2 MARINELAND RESORT will not issue a refund for any of the services defined for the purposes of the present GTS in the case of: (i) the CUSTOMER’s failure to utilize the service(s) under the conditions set out in Article 3.5 above; or (ii) reasons related to the weather or to the extraordinary cancellation of a show.
8 - Force majeure
MARINELAND RESORT’s management reserves the right to cancel or change its schedule, without paying any penalties or compensation, if compelled to do so by a force majeure event or other extraordinary circumstances.
9 - Governing law, complaints and disputes
9.1 The present GTS are subject to French law.
9.2 Any complaints arising during performance of the services defined for the present purposes must be filed by the CUSTOMER as soon as possible, on-site and in an appropriate manner, so that MARINELAND RESORT may resolve them as quickly as possible. Complaints that the CUSTOMER was unable to file on-site, or that were not sufficiently resolved on-site, are to be sent by the CUSTOMER to MARINELAND RESORT, by registered letter, within one month of the date of performance of the services. That letter must indicate the CUSTOMER’s arrival date and the Order number, as well as the specific grounds for the complaint.
10 - Personal data
10.1 The information collected via the Online Ticket Office is intended for use by MARINELAND RESORT. It will be processed electronically, for the purpose of handling the CUSTOMER’s request and managing MARINELAND RESORT’s business, namely including:
- responses to requests for information submitted via the Website;
- Order placement and management;
- the transmission of business information, either with the CUSTOMER’s consent or if allowed by current applicable legislation;
- the production of general statistics on traffic to the Website, in order to improve the services that MARINELAND RESORT offers on the Website.
10.2 Pursuant to the French Data Protection Act, Law 78-17 of January 6, 1978, the CUSTOMER has the right to access, correct and delete his/her information, which right the CUSTOMER may exercise by writing to MARINELAND RESORT, at its headquarters located at 2 route de la Brague, Lotissement du Domaine de la Brague, 06600 Antibes, France. This is an individual right that can only be exercised by the concerned person, with regard to his/her own information. Therefore, for security reasons, MARINELAND RESORT will need to verify his/her identity, in order to prevent the communication of any confidential personal information to another person. MARINELAND RESORT may transmit the CUSTOMER’s data to third parties for sales processing purposes, on condition that the CUSTOMER has consented to this on the registration form that he/she completed.
10.3 The fields on the registration form that are marked with an asterisk are required fields and must, therefore, be completed. Failing that, MARINELAND RESORT will be unable to process the registration request. MARINELAND RESORT may also collect data on use of the Website, such as the pages that the CUSTOMER visits or the services that he/she uses, so as to better understand the CUSTOMER’s expectations and improve the Website’s performance.
10.4 Personal account
The CUSTOMER’s name and the password assigned to him/her at the time of registration, for the creation of a personal account, are both personal and confidential. MARINELAND RESORT may, however, have access to the offers selected by the CUSTOMER in his/her personal account and examine them, in order to better identify the CUSTOMER’s needs and expectations. When the CUSTOMER logs into his/her personal account, a cookie is installed on his/her computer to facilitate his/her use of that account. If the CUSTOMER does not want that to happen, he/she should review the “Cookies” section of the present GTS.
11 - Language
The present GTS are published in French.
Articles R211-5 to R211-13 of the French Tourism Code
Subject to the exclusions set out in points (a) and (b) of the second paragraph of Article L211-8, any offer and any sale of trips or stays will give rise to the delivery of appropriate documents that will meet the rules defined in the present section. In the case of the sale of airline tickets or transportation tickets for regular service lines, not accompanied by services associated with that transportation, the seller will provide one or more passenger tickets covering the entire trip, issued by the carrier or under its responsibility. In the case of demand-responsive services, the name and address of the carrier for which the tickets were issued must be provided. Invoicing the various components of the same vacation package separately shall not release the seller from the obligations incumbent upon it under the regulatory provisions set out in this section.
As amended by Decree 2007-669 of May 2, 2007 - Art. 2 () of the French Official Gazette of May 4, 2007
Prior to conclusion of the contract and based on written documentation providing its registered name, its address and its business permit number, the seller must communicate, to the consumer, information on prices, dates and any other aspects of the services supplied during the trip or the stay, such as:
1) The destination, modes, features and categories of the transportation that will be used;
2) The type of accommodation, its location, its comfort level and its main features, its accreditation and its tourism classification, according to regulations or practices in the host country;
3) The meals included;
4) A description of the itinerary in the case of a tour;
5) The administrative and health formalities to be completed, namely in the event of crossing borders, as well as their expected lead times;
6) The visits, excursions and other services included in the package or that may be available for a supplemental charge;
7) The minimum or maximum group size for the trip or the stay and, if the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the case of cancellation of the trip or stay, which date must be at least 21 days prior to departure;
8) The amount or the percentage of the price to be paid as a deposit upon conclusion of the contract, as well as the schedule for paying the remaining balance;
9) The price revision terms, as stipulated in the contract, pursuant to Article R211-10;
10) The contractual cancellation terms;
11) The cancellation terms defined in Articles R211-11, R211-12 and R211-13;
12) Specifications regarding the risks covered and the benefit amounts of the insurance contract covering the effects of the professional civil liability of travel agents and the civil liability of non-profit organizations and associations and local tourism organizations;
13) Information about the optional subscription of an insurance contract covering the effects of certain cases of cancellation or a travel assistance contract covering certain specific risks, namely repatriation expenses in the event of an accident or illness;
14) If the contract covers air transportation, the information stipulated by Articles R211-15 to R211-18 for each leg of the flight.
The prior information provided to the consumer constitutes a commitment by the seller, unless the seller expressly reserves the right, in the documentation, to modify certain aspects of that information. In that case, the seller must clearly indicate how those changes may occur and in relation to which aspects. In all instances, any changes made to the prior information must be communicated to the consumer, in writing, in advance of conclusion of the contract.
As amended by Decree 2007-669 of May 2, 2007 - Art. 2 () of the French Official Gazette of May 4, 2007
The contract concluded between the seller and the buyer must be written, prepared in duplicate with one copy provided to the buyer, and signed by both parties. It must include the following clauses:
1) The name and address of the seller, its guarantor and its insurer, as well as the name and address of the organizer;
2) The trip’s destination or destinations and, in the case of a split stay, the different periods and their dates;
3) The modes, features and categories of the transportation being used, and the dates, times and locations of departure and return;
4) The type of accommodation, its location, its comfort level and its main features, and its tourism classification, according to regulations or practices in the host country;
5) The number of meals included;
4) The itinerary in the case of a tour;
7) The visits, excursions and other services included in the total price of the trip or stay;
8) The total price of the invoiced services, as well as an indication of any revisions to that invoicing, in accordance with the provisions set out in Article R211-10;
9) An indication, if applicable, of the fees and taxes applicable to certain services, such as landing, disembarkation and embarkation taxes at ports and airports, and bed taxes, if not included in the price of the provided service or services;
10) The schedules and terms of payment of the price; the final payment made by the buyer must be at least 30% of the price of the trip or the stay and must be made at the time of delivery of the documents enabling the consumer to complete the trip or stay;
11) The special conditions requested by the buyer and accepted by the seller;
12) The terms under which the buyer may file a complaint against the seller for failure to execute or poor execution of the contract, which complaint must be sent to the seller, as soon as possible, by registered letter with return receipt, and, if applicable, notified in writing to the concerned trip organizer and/or service provider;
13) The deadline for the seller to inform the buyer of cancellation of the trip or stay, if the trip or stay requires a minimum number of participants, in accordance with the provisions of point 7 of Article R211-6;
14) The contractual cancellation terms;
15) The cancellation terms stipulated in Articles R211-11, R211-12 and R211-13;
16) Specifications regarding the risks covered and the benefit amounts of the insurance contract covering the effects of the seller’s professional civil liability;
17) Information about the insurance contract taken out by the buyer to cover the effects of certain cases of cancellation (policy number and name of insurer), as well as information about the travel assistance contract covering certain specific risks, namely repatriation expenses in the event of an accident or illness; in this case, the seller must provide the buyer with a document specifying at least which risks are covered and which are excluded;
18) The deadline for notification of the seller, in the event of termination of the contract by the buyer;
19) A commitment to provide the following information, in writing, to the buyer, at least 10 days prior to the scheduled departure date:
a) The name, address and telephone number of the seller’s local representative or, failing that, the names, addresses and telephone numbers of the local organizations that may be able to help the consumer in the case of any difficulties or, failing that, the telephone number by which the consumer can establish emergency contact with the seller,
b) For minors’ trips and stays abroad, a telephone number and address for direct contact with the child or the on-site person in charge of his/her stay;
20) The conditions for the penalty-free termination and refund of the amounts paid by the buyer, in the event of failure to meet the information obligation stipulated in point 14 of Article R211-6.
The buyer may transfer his/her contract to a transferee who meets the same conditions as the buyer, to make the trip or the stay, so long as the contract has not yet begun to be carried out. Save in the case of stipulations more favorable to the transferor, the latter must inform the seller of his/her decision by registered letter with return receipt, no later than seven days prior to the start of the trip. In the case of a cruise, this minimum notice period shall be 15 days. This transfer will not, under any circumstances, require the seller’s prior authorization.
If the contract includes the express possibility of a price revision, within the limits set out in Article L211-13, it must mention the specific terms for calculating the price changes, either upward or downward, and namely the amount of the transportation expenses and related taxes, the currency or currencies that might affect the price of the trip or stay, the portion of the price to which the changes would apply, and the baseline exchange rate used to establish the price appearing in the contract.
As amended by Decree 2007-669 of May 2, 2007 - Art. 2 () of the French Official Gazette of May 4, 2007
If, before the buyer’s departure, the seller should find itself compelled to make a change to any of the key aspects of the contract, such as a significant price increase, and if it disregards the information obligation set out in point 14 of Article R211-6, the buyer may, without prejudice to his/her right of recourse to remedy any harm suffered, and after having been informed by the seller thereof by registered letter with return receipt:
- either terminate the contract and receive an immediate refund of the amounts paid, without penalty; or
- accept the change or the replacement trip proposed by the seller; an amendment to the contract specifying the changes made will then be signed by the parties; any price reductions will be deducted from any amounts still owed by the buyer and, if the payment(s) made by the latter exceed the price of the modified service, the overpayment must be returned to him/her before the date of departure.
In the case stipulated in Article L211-15, if the seller cancels the trip or stay before the buyer’s departure, it must inform the buyer by registered letter with return receipt; the buyer, without prejudice to his/her right of recourse to remedy any harm suffered, will receive an immediate, penalty-free refund from the seller of all amounts paid; in this instance, the buyer will also receive compensation at least equal to the penalty that he/she would have incurred if he/she had been the party to cancel on that date. The provisions of the present article shall in no way hinder the conclusion of an amicable agreement for the buyer’s acceptance of a replacement trip or stay proposed by the seller.
As amended by Decree 2007-669 of May 2, 2007 - Art. 2 () of the French Official Gazette of May 4, 2007
If, after the buyer’s departure, the seller finds itself unable to provide a significant proportion of the services stipulated in the contract, representing a non-negligible percentage of the price paid by the buyer, the seller must take the following measures immediately, without prejudice to the buyer’s right of recourse to remedy any harm suffered:
- either offer services in replacement of the planned services, bearing any additional costs itself or, if the services accepted by the buyer are of lesser quality, refunding the price difference to the buyer upon his/her return; or
- if it is unable to offer a replacement service, or if the replacement services are rejected by the buyer on valid grounds, provide transportation tickets to the buyer, at no additional cost, to cover his/her return to the place of departure or to another location accepted by both parties, under conditions that can be considered as equivalent.
The provision set out in the present article shall apply in the event of non-compliance with the obligation set out in point 14 of Article R211-6.