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In accordance with article R.211-14 of the Code of Tourism, the brochures and passenger contracts offered by travel agents to their customers must meet in full the following general conditions arising from articles R211-5 to R211-13 of the Code of Tourism.
 
GENERAL TERMS AND CONDITIONS OF SALE
 
In accordance with articles L211-8 and L211-18 of the Code of Tourism, the provisions of articles R211-5 to R211-13 of the Code of Tourism, whose text is reproduced below, are not applicable to reservations or the sale of travel tickets that are not within the framework of fixed tourist prices.
 
The brochure, the quotation, the proposal, and the organiser’s schedule constitute the preliminary information required by article R211-7 of the Code of Tourism. Consequently, in the absence of any contrary conditions appearing within this document, the particular characteristics, conditions and prices of the trip as shown in the organiser’s brochure, quotation, and proposal will form a contract after the receipt is duly signed.
 
In the absence of a brochure, quotation, programme and proposal, this document constitutes, prior to its signature by the purchaser, the preliminary information required by article R211-7 of the Code of Tourism. It will be null and void if it is not signed within 24 hours of its emission.
In the event that this contract is transferred, the assignor and/or the assignee will be liable to discharge the expenses which result from it. When these expenses exceed the amounts stated at the point of sale and those mentioned in the contractual documents, supporting documentation must be provided.
 
Alpes Savoies Voyages has entered into an insurance contract with company AGF Insurrances guaranteeing its Professional Civil Liability in the amount of € 760 000.
 
Extract from the Code of Tourism.
 
Article R211-5 : Subject to the exclusions specified in the second paragraph (a and b) of article L.211-8, any offer and sale of travel and stay services requires the remittance of relevant documents meeting the rules defined hereby.
In the case of sale of air tickets or standard airline tickets excluding the services related thereto, the seller delivers to the purchaser one or several tickets for the entire trip issued by the carrier or under its responsibility. In the case of transport on request, the name and address of the carrier for whom the tickets are issued must be indicated.
Separate billing of various elements in the same tourist package price does not release the seller from its obligations under the present article.
 
Article R211-6 : Prior to the conclusion of the contract and by means of a written medium bearing its company name, address and the indication of its administrative business authorization, the seller must provide the consumer with information on prices, dates and other elements as part of the services provided during the trip or stay, such as:
1) The destination, means, characteristics and categories of transport used;
2)The type of accommodation, its situation, its level of comfort and its main characteristics, its certification and tourism classification corresponding to the regulation or customs of the host country;
3) The meals provided;
4) Description of the itinerary when it’s a tour;
5) The administrative and health procedures to satisfy especially when crossing borders, and their times of completion;
6) The visits, excursions and other services included in the package price or possibly available with a price supplement;
7) The smallest or largest size of the group which permits realization of the travel or stay as well as, if realization of the travel or stay is subject to a minimum number of participants, the deadline provided for informing the consumer in the event of travel or stay cancellation; this deadline cannot be less than twenty-one days before departure;
8) The amount or percentage of the price to pay as an instalment upon conclusion of the contract and the schedule of payment for the balance;
9) The modes of price revision as specified by contract pursuant to article R211-10.
10) The terms and conditions of contract cancellation;
11) The terms and conditions of cancellation are defined in articles R211-11, R211-12 and R211-13 hereinafter.
12) The specific information related to the risks covered and the subscribed amount of coverage, under an insurance contract, for the consequences of professional civil liability of travel agencies and of civil liability of non-profit associations and entities, and local tourist entities;
13) Information regarding optional subscription to an insurance contract covering the consequences of certain events of cancellation or to assistance contract covering certain specific risks, especially the cost of repatriation on grounds of accident or sickness.
 
Article R211-7 : The prior information provided to the consumer binds the seller, unless the latter expressly reserved the right to change some elements therein. In such case, the seller must clearly indicate to what extent these changes may occur and in which elements.
In any event, the changes made in the prior information must be transmitted to the consumer in writing before conclusion of the contract.
 
Article R211-8 : The contract concluded between the seller and the purchaser must be established in writing in two copies, one of which is for the purchaser, and signed by the two parties. It must set forth the following provisions:
1) The name and address of the seller, its guarantor and insurer as well as those of the organizer;
2) The travel destination (s) and, in the case of a fragmented trip, the various periods and their dates;
3) The means, characteristics and categories of transport used, the dates, hours and locations of departure and return;
4) The type of accommodation, its situation, level of comfort and main characteristics, its tourist classification by virtue of the regulations or customs of the host country;
5) The number of meals provided;
6) The itinerary if it’s a tour;
7) The visits, excursions or other services included in the total price of travel or stay;
8) The total price of services invoiced with the indication of any possible price revision by virtue of the provisions of article R211-10 hereinafter;
9) Specification, if necessary, of fees or taxes related to certain services such as touchdown, landing, boarding taxes in ports and airports, residence taxes when not included in the price of the service (s) provided;
10) The schedule and modes of payment of the price; in any event, the last payment made by the purchaser shall not be less than 30 % of the travel or stay price and must occur upon remittance of the documents allowing the travel or stay;
11) The particular terms and conditions requested by the purchaser and agreed to by the seller;
12) The methods according to which the purchaser may submit to the seller a complaint for non-performance or improper performance of the contract, which complaint must be sent as soon as possible by registered letter with an acknowledgement of receipt, and, when applicable, notified in writing to the travel organizer and to the provider of services involved;
13) The deadline provided for informing the purchaser in the event of a travel or stay cancellation by the seller if realization of the travel or stay is subject to a minimum number of participants, in accordance with the provisions of 7° of article R211-6 hereinabove;
14) The terms and conditions of contractual cancellation;
15) The terms and conditions of cancellation specified in articles R211-11, R211-12 and R211-13 hereinafter;
16) Specific information related to the risks covered and the amount of coverage, under insurance contract, for the consequences of professional civil liability of the seller;
17) Specifications regarding the insurance contract covering the consequences of certain events of cancellation subscribed by the purchaser (policy number and insurer’s name) as well as those regarding the assistance contract covering certain particular risks, especially the cost of repatriation on grounds of accident or sickness; in such event, the seller must provide the purchaser with a document specifying at least the risks covered and those excluded;
18) The deadline for informing the seller in the event of contract assignment by the purchaser;
19) The commitment to provide to the purchaser in writing, at least ten days before the date scheduled for his departure, the following information:
a) The name, address and telephone number of the seller’s local representative or, in the absence thereof, the names, addresses and telephone numbers of the local entities that may assist the consumer in the event of difficulty or, in the absence thereof, the call number enabling the seller to be reached in the event of an emergency;
b) For foreign travels and stays of minors, a telephone number and an address for direct contact with the child or the person on site in charge of his trip.
 
Article R211-9 : The purchaser may assign his contract to an assignee who meets the same conditions to realize the travel or stay, as long as this contract does not produce any impact.
Unless more favourably stipulated to the assignor, the latter must inform the seller of his decision by registered letter with an acknowledgement of receipt at least seven days before the beginning of the trip.
If it’s a cruise, this time is extended to fifteen days. In any event, this assignment is not subject to any prior authorization of the seller.
 
Article R211-10 : When the contract provides the express right to revise prices, within the limits specified in article L.211-13, it must set forth the specific modes of calculation, either upward or downward, of price variations, and especially the amount of transport cost and taxes related thereto, the currency (ies) which might have an impact on the travel or stay price, the fraction of the price to which the variation applies, the currency (ies) rate used as a reference when establishing the price stated in the contract.
Article R211-11 : When, before departure of the purchaser, the seller is forced to make a change in one of the essential elements of the contract such as a significant price increase, the purchaser may, without prejudice to recourse in redress of possibly incurred damages, and after having been informed by the seller by registered letter with an acknowledgement of receipt:
- Either terminate the contract and obtain immediate refund of the sums paid;
- Or accept the change or the replacement travel proposed by the seller; an amendment to the contract specifying the changes made is then signed by the parties. Any price reduction comes in the form of deduction from the sums that the purchaser may still owe and, if the payment already made thereby exceeds the price of the service changed, such additional payment must be returned to the purchaser before the date of his departure.
 
Article R211-12 : In the event specified in article L.211-15, when, before departure of the purchaser, the seller cancels the travel or stay, it must inform the purchaser by registered letter with an acknowledgement of receipt; the purchaser, without prejudice to recourse in redress of possibly incurred damages, obtains from the seller immediate reimbursement without penalty of the sums paid; in such event, the purchaser receives an indemnity at least equal to the penalty he would have borne if cancellation was a result of his own act on that date.
The provisions of the present article do not in any regard prevent the conclusion of an amicable agreement, the purpose of which is acceptance by the purchaser of a replacement travel or stay proposed by the seller.
 
Article R211-13 : When, after departure of the purchaser, the seller is unable to provide a major part of the services provided in the contract which represents an appreciable percentage of the price honoured by the purchaser, the seller must immediately take the following steps, without prejudice to recourse in redress of possibly incurred damages:
- Either propose services in replacement of those specified, by possibly bearing any additional charge and, if the services accepted by the purchaser are of a lower quality, the seller must reimburse him, upon his return, the price difference;
- Or, if unable to propose services of replacement or if they are refused by the purchaser, provide without additional charge, transport tickets to ensure his return under terms and conditions that may be considered equivalent, to the location of departure or to another location agreed to by the two parties.
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