Pursuant to Articles L.211-7 and L.211-17 of the Tourism Code, the provisions of Articles R.211-3 - R.211-11 of the Tourism Code, the text of which is reproduced below, are not applicable to reservations or the sale of tickets that are not part of a tourist package.
The brochure, cost estimate, proposal and organiser’s programme shall constitute the prior information covered by Article R.211-5 of the Tourism Code. Henceforth, in the absence of any contrary provisions found on the back of the present document, the characteristics, special terms and price of the travel, as indicated in the brochure, cost estimate or organiser’s proposal shall be contractual upon signature of the enrolment form.
In the absence of a brochure, cost estimate, programme and proposal, the present document shall constitute, before it is signed by the purchaser, the prior notice covered in Article R.211-5 of the Tourism Code. It shall become invalid if not signed within 24 hours of the time it is issued. In the event that the contract is transferred, the transferor and/or the transferee are automatically obliged to pay any consequent costs. If said costs exceed the amounts displayed at the point of sale and those mentioned in the contractual documents, justifying documentation must be provided;
X ……………(commercial name of the agency) has contracted with the Y ............. company (address)………………., an insurance policy that covers its professional third-party liability.
Extract from the Tourism Code.
Article R.211-3 :
The exclusions set forth in the third and fourth paragraphs of Article L. 211-7 notwithstanding, every offer and every sale of travel services or stays shall entail submission of the respective documents corresponding to the rules defined in the present section. In case of the sale of air tickets or bus/train tickets on regular lines that are not accompanied by services associated with those tickets, the seller shall provide to the buyer one or more tickets for the entire trip, issued by the carrier or under its aegis. In the case of travel not on regular lines, the name and address of the carrier for whom the tickets are issued must be stated. Separate invoicing for the various components of a tourist package does not release the seller from the obligations incumbent upon him under the regulatory provisions of this sectioN;
Article R.211-3-1 :
The exchange of pre-contractual information or provision of access to the terms of the contract shall be done in writing. These may be done by electronic means under the terms of validity and timeliness stipulated in Articles 1369-1 - 1369- 11 of the Civil Code. The name or business name and the address of the seller shall be stated, as well as his registration number as stipulated in a) of Article L. 141-3 or, as appropriate, the name, address and registration number of the federation or association mentioned in the second paragraph of Article R. 211-2.
Article R.211-4 :
Prior to signing the contract, the seller must provide the consumer with all information about the prices, dates and othercomponents comprised in the services provided at the time of the travel or stay, such as:
1. The destination, resources, characteristics and categories of the means of transportation used;
2. The type of lodging, its location, its comfort class and its main characteristics, along with its accreditation and tourism classification corresponding to the regulations or practices of the host country;
3. The meals services proposed;
4. A description of the itinerary if it is a tour;
5. The administrative and health formalities to be fulfilled by national residents or by citizens of another member state of the European Union or of a country signatory to the European common market agreement, especially in the case of border crossings, along with the time required to do so.
6. Those visits, excursions and other services included in the package or eventually available at an additional cost;
7. The minimum or maximum size of the group needed to make up the trip or stay and, if the trip or stay taking place is contingent on a minimum number of participants, the deadline for informing the consumer if the travel or stay is cancelled, with said date not to be set at less than twenty-one days prior to departure.
8. The amount or percentage of the price to be paid as downpayment upon signing the contract, as well as the schedule of payments for the balance;
9. The means and terms of revising the prices as stipulated in the contract pursuant to Article R. 211-8;
10. The contractual terms of cancellation;
11. The terms of cancellation set forth in Articles R. 211-9, R. 211-10 and R. 211-11;
12. Information concerning the option to contract insurance covering the consequences of certain cases of cancellation, or a traveller’s aid contract covering particular types of risks, especially repatriation costs in the event of an accident or illness.
13. Whenever the contract includes air travel services, the information on each leg of the flights, as stipulated in R.211-15 - R. 122-18
Article R.211-5 :
The prior information given to the consumer renders the seller liable, unless it contains express indications by the seller of its right to change certain components. The seller must, in this case, clearly indicate to what degree such changes may occur and concerning which component. In any and all events, changes made to the prior notice information must be communicated to the consumer before the contract is signed.
Article R.211-6 :
The contract executed between the seller and the buyer must be in written form, in two originals, one of which is given to the buyer, and signed by both parties. If the contract is executed by electronic means, Articles 1369-1 - 1369-11 of the Civil Code shall apply. The contract must contain the following clauses:
1. Name and address of the seller, of its guarantor and its insurance company, along with the name and address of the organiser;
2. The destination(s) of the travel and, in the case of a stay in separate parts, the various periods and their dates;
3. The means, characteristics and classes of transportation used, along with the dates and places of departure and return;
4. The type of lodging, its location, its comfort class and its main characteristics, along with its accreditation and tourism classification corresponding to the regulations or practices of the host country;
5. The meals services proposed;
6. A description of the itinerary if it is a tour;
7. The sites to be visited, excursions or other services included in the overall price of the trip or stay;
8. The total price for the services invoiced, as well as indication of any potential revision of said invoicing pursuant to the provisions of Article R. 211-8;
9. Indication, if applicable, of fees or duties for certain services such as fees for landing, disembarking or embarking at ports and airports, and lodging taxes if these are not included in the price of the service(s) provided.
10. The schedule and means for payment of the cost, wherein the last instalment paid by the buyer cannot be less than 30% of the travel or stay and must be paid at the time of delivery of the documents that enable the buyer to take the trip or stay;
11. Any special conditions requested by the buyer and accepted by the seller;
12. The means by which the buyer may contact the seller to make a claim for breach or poor execution of the contract, with said claim to be made as soon as possible and by any means serving to obtain a written acknowledgement of receipt from the seller and, if applicable, to be reported in writing to the organiser of the trip and the provider of the services in question;
13. The deadline for informing the buyer if the seller cancels the trip or stay in cases where the trip or stay actually taking place is contingent on a minimum number of participants, pursuant to the provisions of R.211-4.7;
14. The contractual terms of cancellation;
15. The terms of cancellation set forth in Articles R. 211-9, R. 211-10 and R. 211-11;
16. All details concerning the risks covered and the amounts reimbursed under the insurance contract covering the consequences of the seller’s professional third-party liability;
17. Information concerning the insurance contract held by the seller covering the consequences of certain types of cancellation (policy number and name of insurance company), as well as information about the traveller’s aid contract covering certain special risks, especially the costs of repatriation in case of an accident or illness; in which case the seller must give the buyer a document stating at least which risks are covered and which are excluded;
18. The deadline for informing the seller if the buyer transfers the contract;
19. The commitment to supply the buyer, at least ten days prior to his planned departure date, with the following information:
a) The name, address and telephone number of the seller’s local representative or, otherwise, the names, addresses and telephone numbers of local institutions likely to assist the consumer in case of problems or, otherwise, the number to call in order to contact the seller in an emergency;
b) For travel and stays abroad by minors, a telephone number and address serving to establish direct contact with the child or person responsible at the place where he is staying;
20. The clause on early termination and reimbursement without penalty of amounts paid by the buyer in the event of breach of the obligation to give notice as stipulated in item 13 of Article R. 211-4;
21. The undertaking to supply the buyer, in a timely fashion and prior to the start of the travel or stay, with the departure and arrival times.
Article R.211-7 :
Until such time as this contract takes effect, the buyer may transfer his contract to a transferee who meets the same conditions as himself for taking the trip or using the stay. Unless otherwise stated to the benefit of the transferor, he shall be obliged to inform the seller of his decision by any means serving to obtain a written acknowledgement of receipt and no later than seven days before the start of travel. In the case of a cruise, this deadline shall be changed to fifteen days. This transfer shall in no case be subject to prior approval by the seller.
Article R.211-8 :
If the contract contains an express provision allowing the price to be revised, within the limits set forth in Article L. 211- 12, it must state the exact means of calculation, both upward and downward, for variations in the prices, and especially the amount for transportation costs and related duties and fees, the currency or currencies that may affect the price of the travel or stay, the portion of the price to which the variation will apply, and the exchange rate of the currency or currencies that is adopted as a standard at the time the prices listed in the contract are established.
Article R.211-9 :
If, prior to the buyer’s departure, the seller finds himself obliged to make a change to one of the essential components of the contract, such as a significant price increase, and if he neglects the obligation to provide prior information stipulated in item 13 of Article R. 211-4, the buyer may, without prejudice to proceedings for any eventual losses suffered and after having been so informed by the seller by any means serving to obtain a written acknowledgement of receipt: - either terminate his contract and obtain immediate reimbursement of his payments without penalty; - or accept the change or replacement trip proposed by the seller, in which case an amendment stating the changes made shall be signed by the parties, with any reduction in cost to be deducted from any eventual payments still to be made by the buyer or, if the payments already made by the latter exceed the cost of the modified service, the difference shall be refunded to him prior to the date of his departure.
Article R.211-10 :
In the case set forth in Article L. 211-4 where, prior to the buyer’s departure, the seller cancels the trip or stay, he must so inform the buyer by any means serving to obtain a written acknowledgement of receipt. In which case, the buyer, without prejudice to proceedings for any eventual loss suffered, shall obtain from the seller immediate reimbursement of the amounts paid without penalty, and said buyer shall receive an indemnity equal to at least the penalty he would have had to pay if he had been responsible for the cancellation on that date. The provisions of the present article in no way impede the execution of an amicable agreement whereby the buyer accepts a replacement trip or stay proposed by the seller.
Article R.211-11 :
If, after the buyer’s departure, the seller finds himself unable to provide a substantial portion of the services stipulated in the contract that corresponds to a non-negligible part of the price paid by the buyer, the seller shall immediately take the following measures, without prejudice to any eventual proceedings for losses suffered: - either propose services to replace those stipulated, bearing any eventual additional costs and, if the services are accepted by the buyer are of lower quality, the seller shall refund to him the difference in price upon his return; - or, if he is unable to propose a substitute service or if said services are refused by the buyer on valid grounds, he shall supply the buyer at no extra cost with travel tickets for his return travel under conditions that may be deemed equivalent to those to the outbound destination, or to another location accepted by both parties. The provisions of the present article are applicable in the event of breach of the obligation stipulated in item 13 of Article R. 211-4.
Article 1 – INFORMATION : The present brochure constitutes the preliminary offer covered by the following general terms and renders Privilèges Voyages liable (susceptible to be named in the Reservations Service contract). However, changes may of course need to be made in the services rendered. Pursuant to Article R. 211-5 of the Tourism Code, if changes are made, they must be brought to the customer’s attention by the Reservations Service in writing and prior to signature of the contract. The «customer» refers to the person signing the preliminary information and offer, as well as to any person(s) on whose behalf they do so.
Article 2 - LIABILITY : Privilèges Voyages is legally liable under the terms of Article L. 211-16 of the Tourism Code, which stipulates that: “Any physical or moral person that undertakes the operations mentioned in Article L. 211-1 is legally liable to the buyer for proper fulfilment of the obligations deriving from the contract, whether said contract was executed in person or not, and whether said obligations are to be met by itself or by other service providers, without prejudice to the right to legal recourse against same and within the limits of compensation stipulated by international agreements. However, said party may obtain release from all or part of its liability by providing proof that the breach or poor execution of the contract is attributable either to the buyer or to an act that is unforeseeable and unavoidable by a third party not involved in provision of the services stipulated in the contract, or to a case of force majeure
Article 3 - RESERVATIONS : Any reservation made more than one month prior to the departure date shall become binding once a downpayment of 25% of the cost of the product and a copy of the contract signed by the customer have been returned to the Reservation Service. The balance shall be paid one month prior to departure. If the reservation is made at least one month prior to the departure date, it shall become binding once the total cost of the stay and a copy of the contract signed by the customer have been returned to the Reservation Service. Processing fees will be applied over and above the cost of the stay.
Article 4 - COUPONS FOR SERVICES : Upon receipt of full payment, the Reservation Service will send the customer coupons for services that the latter shall give to the service providers upon arrival.
Article 5 - ARRIVAL : The customer must appear on the date specified and at the times stated on the coupons or in the contract. In case of a later or deferred arrival time, or a last minute conflict, the customer must immediately inform the service providers whose address and telephone number are listed on the coupons. Any services not used due to this lateness shall remain due and shall not be subject to any form of reimbursement.
Article 6 - INVOICING : An invoice shall be issued upon provision of the service.
Article 7 - CANCELLATION BY THE CUSTOMER : Any cancellation must be reported to Privilèges Voyages by registered letter with return receipt or by fax. Any cancellation on the part of the customer shall engender the following forfeits: Cancellation more than 30 days prior to the start of the stay: 10% of the cost of the stay. Cancellation between the 30th and 21st day prior, inclusive: 25% of the cost of the stay. Cancellation between the 20th and 8th day prior, inclusive: 50% of the cost of the stay. Cancellation between the 7th and 2nd day prior, inclusive: 75% of the cost of the stay. Cancellation less than 2 days prior: 90% of the cost of the stay. In the case of a no-show by the customer, no reimbursement will be made.
Article 8 - MODIFICATION BY THE RESERVATION OF A SUBSTANSIAL ELEMENT OF THE CONTRACT : Please refer to Article R. 211-9 of the Tourism Code
Article 9 - CANCELLATION BY THE SELLER : Please refer to Article R. 211-10 of the Tourism Code. However, the customer shall not be entitled to claim any compensation if cancellation or prolongation of the travel is caused by circumstances of force majeure or for reasons associated with the safety of the travellers.
Article 10 – INTERRUPTION OF THE STAY : If the customer interrupts his stay, there will be no reimbursement paid unless the reason for the interruption is covered by the cancellation insurance by which the customer may be covered.
Article 11 - CLAIMS : Any claim concerning breach or poor execution of the contract shall be addressed to the Reservation Service within eight days after the customer’s return, by registered letter with return receipt, and may eventually be reported in writing to the organiser of the travel and to the service provider in question. In any event, the Reservation Service must be informed in accordance with the means and deadlines set forth in the preceding clause.
Article 12 - PROFESSIONAL THIRD-PARTY LIABILITY INSURANCE : Privilèges Voyages has contracted an insurance policy with RCP Hiscox, Contract No. HARCP0082049, for a value of €2,500,000 in order to cover any consequences of its professional third-party liability that it may incur.
Article 13 – FINANCIAL GUARANTEE : Privilèges Voyages has contracted financial guarantee insurance with RCP Hiscox under the terms stipulated in Articles L. 213-3 and R. 213-8 of the Tourism Code. Pursuant to the law on privacy of personal information, the nominative information in the reservation file is obligatory. This personal information may be accessed and rectified with Privlèges Voyages and, unless expressly stated otherwise, may be ceded for other commercial purposes.
46 avenue Marceau - 75008 PARIS
Tél : 0033 676 771 963 - Fax: 33 (0)1 47 20 47 27
Travel agency with government-issued accreditation permit No.
LIC 075 95 0117. Association loi 1901 – N° SIRET : 339 118 812 00025
Code NAF : 7911Z - Garant : RCP Hiscox Paris - N° de TVA : FR 78 339 118 812