Extract of azurèva general conditions of sale

These general conditions apply to the members of Fédération azurèva for all individual theme and sports holiday packages.
Article 1 - BOOKINGS
1.1 Member concept :
All persons who have booked and effectively stayed with us at least once within the last three years are azurèva members.
1.2 Individual holiday packages :
The holiday package requests may be made: - by phone or by sending by post the booking form to C.O.S. (Comités d’oeuvres sociales) for the azurèva member’s département of residence, a member body, a village or the reservation centres in Bourg-en-Bresse. - via the Internet, on our website www.azureva-vacances.com. You will then receive a holiday proposal from us. This proposal will confirm the dates, place, participants, duration, price and conditions of the holiday package, and the amount of the deposit to be paid. - for stays of less than 7 days, the bookings can be made at the latest 10 days before the start of the stay in high season and 30 days before the start of the stay in middle season.
1.3 Individual theme and sports holiday packages :
Bookings will be taken according to availabilities in the same conditions as for individual holiday packages (cf. 1.2).
1.4. Booking fee:
Any accepted booking request generates a booking fee of €15 for stays of 5 nights and more, € 10 for stays of less than 5 nights.
Article 2 – HOLIDAY PACKAGE CONDITIONS
As a general rule, the holiday packages are for a minimum period of one week, from Sunday to Sunday, apart from the exceptions indicated in the brochure. The accommodation will be available from 14H30 on the day of arrival and must be vacated before 9H30 on the morning of departure. The occupants are responsible for cleaning. The sheets and blankets are provided. Bath linen is provided on request (extra cost). Your domestic animal (a cat or dog apart from a category 1 or 2 dog) is accepted in certain establishments for an additional €4/per day and within the limit of one animal per accommodation unit. The animal must be kept on a lead and must not disturb the peace and safety of holidaymakers. Rules of hygiene must be respected. The animal must be declared when the booking is made and the booking request must be accompanied by a photocopy of currently valid vaccination certificates. Animals are not accepted in the communal parts of the establishments. For safety reasons, the number of people arriving for a stay shall not, under any circumstances, exceed the specified capacity for the allocated accommodation or the number of persons indicated when the booking was made. For holiday villages offering full board (or half board):
- specific diet requirements cannot be taken into account.
- drinks are not included in the price (apart from the exceptions indicated in our brochure).
- it is prohibited to prepare and eat meals in the accommodation .
- the first meal is the dinner on the day of arrival and breakfast on the day of departure is the last meal included in this service.
- for half-board the meal is served in the evening; the accommodation is not equipped for preparing meals.
For the holiday villages with rental accommodation:
A guarantee deposit may be request when you arrive. It will be returned at your departure, after the accommodation has been checked. Bookings are accepted for a minimum of 2 nights.
Smoking is prohibited in the azurèva holiday villages.
Article 3 – SERVICES
The content of the services and special conditions of each type of holiday package is specified in our brochures and price lists. Any free distractions listed in the services and which cannot be provided due to an incident of any type whatsoever shall not lead to any refund.
Articles 4 – PRICES
The prices are all inclusive. There is no refund if you cut short your stay. Additional services stemming from an extension of the stay for any reason whatsoever are payable by the member. They are invoiced on the basis of the prices applicable during the relevant price period. Our prices do not take into account tourist taxes charged by local authorities. Azurèva shall not be held responsible for being informed of new taxes or modifications to existing taxes after it has drafted its letter of booking confirmation.
Article 5 – HOLIDAY PACKAGE PRICES
The cost of the holiday package and the amount of the deposit (25% of the total price of the holiday package + booking fee + any insurance costs) are specified in the holiday package proposal. The balance must be paid at the latest 30 days before the start of the holiday. The above payment terms do not apply to payments made in monthly instalments according to a payment schedule accepted when the booking is made. The total price shall be due in a single payment for bookings made less than 30 days before arrival in the village. The payment of the deposit or a monthly instalment is valid as acceptance by the member of the holiday package proposal and the azurèva general conditions. The non-respect of the payment dates shall lead to the cancellation of the booking.
Multiple debit/credit card debits:
• The credit/debit card must expire after the date when the last payment on the instalment schedule is to be debited. Otherwise, azurèva will refuse payment by multiple debit/credit card debits.
• Any loss, theft, insufficient funds on the account, etc. shall lead to the compulsory payment of the balance of the non-debited amounts, at the latest 30 days before the start of the holiday.
Article 6 - CANCELLATION
If, upon receipt of the holiday package proposal, the member does not wish to follow up his or her request, the proposal must be crossed through, signed and returned within 8 days to: azurèva - 52 rue du Peloux - B.P 40307 - 01011 Bourg-en-Bresse cedex.
Article 7 - MODIFICATIONS TO THE HOLIDAY PACKAGE
Any modification to the holiday in terms of date, duration, place and participants must be previously agreed and notified by registered letter to azurèva (in the case of payment by instalments, the difference between the price of the initial holiday and the new price must be paid in full 30 days before the start of the holiday. Upon express request, a new instalment schedule may be proposed. A reduction in the duration of the stay shall lead to the application of a cancellation fee (see article 8). In the case of payment by instalments, further debits to the debit/credit card will cease.
Article 8 – HOLIDAY CANCELLATIONS
* Due to the member
You may be forced to cancel your holiday. Your cancellation must be notified to us by letter, the date of receipt being valid as the date of cancellation. We retain from the total holiday package: - 10 % if you cancel between 59 and 30 days inclusive before - 25 % if you cancel between 29 and 15 days inclusive before - 50 % if you cancel between 14 and 8 days inclusive before - 75 % if you cancel between 7 et 3 days inclusive before - 100 % if you cancel less than 3 days before (or in the case of non-appearance). The booking fees shall be automatically retained. In the case of non-payment on the due dates of the deposit or the balance for the holiday package, the booking shall be considered to be cancelled by the member.
* Due to azurèva
In the case of external events outside its control, azurèva reserves the right to modify the services or cancel the holidays. In this case, the member shall have the possibility of cancelling his or her holiday without the cancellation conditions being applied. The sums paid for the holiday packages shall be refunded azurèva reserves the right to cancel an individual theme and/or sports holiday if the minimum number of participants indicated in its brochures is not reached at the latest 30 days before it starts. Another proposal shall then be made to the member. If the latter is not accepted, any sum paid by the member shall be refunded to him or her.
Article 9 – MEETING TIMES
The meeting times fixed with the holiday participants must be respected. Those arriving late run the risk of inconveniences that could result from their lack of punctuality (need to reach a place of stay or a meeting point by their own means without refund of transport costs, etc.)
Article 10 – ADMINISTRATIVE AND SANITARY FORMALITIES
We advise you to ensure that you have accomplished the police, customs and health formalities for your trip or stay. A passenger who cannot board a flight or enter the holiday country due to the non-presentation of the required documents (passport, visa, vaccination certificates, etc.) shall not be able to claim any refund of his or her holiday package. We strongly advise our members who are travelling abroad to obtain information on the required documents from the appropriate authority before their departure.
Article 11 - LIABILITY
In the case of accidents and incidents leading to bodily injury, material damage or psychological distress or in the case of local difficulties leading us, in the interest of participants, to modify the programmes, azurèma shall not be held liable for cases of force majeure, unforeseeable incidents or events ascribable to any person outside the organisation and deployment of the holiday and activities. However, in these latter cases, azurèva shall endeavour to find and offer solutions to overcome the difficulties that arise.
Article 12 – THEFT AND DAMAGE
Azurèva shall not be held liable for theft of jewellery or valuables (cash, cheque books, credit cards, etc.).In addition, we draw your attention to the fact that aurèva places at your disposal, free of charge, car parks and parking areas, possibly covered, but without surveillance and that we decline all liability in the case of theft or damage. Consequently, we advise you to contact your insurer to request an extension of your insurance policy to cover theft/damage to your valuables and vehicle during your stay with azurèva.
Article 13 - MINORS
Minors are under the care and full responsibility of the adults who are accompanying them. Under no circumstances shall the staff supervising the holiday villages or residences be held responsible for the actions of minors. However, activity leaders shall be responsible for looking after minors during the activities. It is for the persons responsible for the children to take them to the activities and collect them when these end.
Article 14 - INSURANCE
1) Legal Liability Insurance:
Fédération azurèva has taken out holiday organizer legal liability insurance with the company GENERALI France, (policy number AM 396538 and AA 661 292). Azurèva customers will be covered, during their stay, by the operator’s legal liability insurance for all bodily injury or material damage for which azurèva is recognized to be liable in respect to the holiday makers. - Theft in accommodation: we incur no liability for theft without break-in. - In all cases our liability is not incurred for the following: theft of jewellery, cash, cheque books, credit cards, valuables, passport/ID documents and similar and holiday vouchers.
2) Holiday cancellation and interruption insurance, carte neige ski insurance (recommended option):
For you azurèva has taken out with GAN (Groupama subsidiary) an insurance contract allowing you to benefit, depending on the chosen option, from: - holiday cancellation and interruption covers. - carte neige ski insurance. These optional insurance covers must be taken out when the booking is made.
Article 15 - COMPLAINTS
Complaints of a commercial nature or relating to the quality of the services must be sent by registered letter with request for acknowledgement of receipt at the latest 30 days after the date of the end of the stay to: azurèva - 52, rue du Peloux - B.P 40307 - 01011 Bourg-en- Bresse cedex Complaints calling into play azurèva damage or liability insurance shall only be accepted insofar as a complaint has been made to the holiday village or residence before your departure. By submitting a request to say with azurèva you fully accept the general conditions of azurèva, a not-for-profit association (law of July 1901), with registered office at: 52, rue du Peloux - B.P 40307 - 01011 Bourg-en-Bresse cedex, recorded in the Atout France trade register for tour and holiday operators under the number IM00111000 4.

Legal and regulatory provisions (French Tourist Code)
Article R.211-5 -
Subject to the exclusions set out in the second paragraph (a and b) of article L. 211-8, all offers and sales of holiday or travel services are dependent on the provision of the appropriate documents in accordance with the rules set out in this section.
In the case of the sale of air transport tickets or transport tickets on scheduled services not accompanied by services associated with this transport, the vendor shall supply the purchaser with one or more tickets for the whole of the tour issued by the transport provider or under its responsibility. In the case of transport on request, the name and address of the transport provider on behalf of whom the tickets are issued, must be stated.
Separate invoicing of the various items of a given fixed-price tourist package does not release the vendor from its obligations as stated herein.
Article R.211-6 -
Prior to the conclusion of the contract and on the basis of a written document bearing its company name, address and an indication of its current administrative authorisation, the vendor must inform the consumer of the prices, dates and other aspects of the services provided in the trip or holiday such as:
1. Destination, methods, characteristics and categories of transport used;
2. Type of accommodation, location, standard of comfort and principal characteristics, type approval and tourist classification corresponding to the usages and regulations of the host country;
3. Meals provided;
4. Description of the itinerary in the case of a tour;
5. Administrative and health formalities to be carried out, particularly in relation to crossing borders as well as timing;
6. Visits, excursions and other services included in the package or available at an additional cost;
7. Minimum and/or maximum size of the group for the holiday or trip and, if the trip or holiday depends on a minimum number of participants, the final date for informing the consumer in the event of the trip or holiday being cancelled; this date may not be less than twenty-one days prior to departure;
8. The amount or percentage of the price to be paid by way of deposit on conclusion of the contract and the dates for paying the balance;
9. The price review procedures as specified in the contract pursuant to article R.211-10;
10. Cancellation conditions of a contractual nature;
11. The cancellation conditions specified in articles R.211-11, R.211-12 and R.211-13;
12. Details of the risks covered and amount of cover taken out under the insurance policy covering the consequences of the travel agent’s professional liability and the public liability of non-profit-makassociations and organisations and local tourist organisations;
13. Information on taking out an optional insurance policy covering the consequences of certain circumstances of cancellation or an assistance policy covering certain specific risks, in particular the cost of repatriation in the event of an accident or illness;
Article R.211-7 -
Prior information given to the consumer shall be binding on the vendor unless within it the vendor expressly reserves the right to change certain elements. In such case the vendor must clearly indicatehow that change takes place and which elements it affects. In any event, changes made to such prior information must be given to the consumer in writing before the contract is concluded.
Article R.211-8 -
The contract concluded between the vendor and the purchaser must be in writing, produced in duplicate, one copy of which is to be given to the purchaser, and signed by both parties. It must contain the following clauses:
1. The name and address of the vendor, its guarantor and insurance company as well as the name and address of the organiser;
2. The destination or destinations of the journey and, in the event of a split holiday, the various periods and their dates;
3. The types, characteristics and categories of transport used, departure and return dates, times and venues;
4. Type of accommodation, location, standard of comfort and principal characteristics, tourist classification in accordance with the usages and regulations of the host country;
5. Number of meals provided;
6. Itinerary in the case of a tour;
7. Visits, excursions and other services included in the total price of the trip or holiday;
8. The total price of the invoiced services and an indication of any review of this invoicing in accordance with the provisions of article R.211-10;
9. An indication, if appropriate, of any fees or charges relating to certain services such as landing, boarding or disembarkation charges in ports and airports, and tourist taxes if these are not included in the price of the service(s) supplied;
10. The dates and methods of paying the price; in any event, the last payment made by the purchaser may not be less than 30% of the price of the trip or holiday and must be paid on delivery of the documents enabling the trip or holiday to be undertaken;
11. Any particular conditions requested by the purchaser and accepted by the vendor;
12. The procedures by which the purchaser may make a claim on the vendor for non-execution or poor execution of the contract, any such to be sent as soon as possible, by registered letter with acknowledgementof receipt, to the vendor and which may be reported in writing to the organiser of the trip and the service provider concerned;
13. The last date for informing the purchaser of the cancellation of the trip or holiday by the vendor where the trip or holiday is dependent on a minimum number of participants, in accordance with the provisions of paragraph 7 of Article 211-6;
14. Cancellation conditions of a contractual nature;
15. The cancellation conditions specified in Articles R.211-11, R.211-12 and R.211-13;
16. Details about the risks covered and the amount of cover of the insurance policy covering the consequences of the vendor’s professional liability;
17. Information about the insurance policy taken out by the purchaser covering the consequences of certain circumstances of cancellation (policy number and name of insurance company) as well as the assistancepolicy covering certain particular risks, in particular the cost of repatriation in the event of an accident or sickness; in such case, the vendor must give the purchaser a document specifying at least the risks covered and those excluded;
18. The final date for informing the vendor in the event of the purchaser transferring the contract;
19. A written undertaking to provide the purchaser with the following information at least ten days before the scheduled departure date:
a) The name, address and telephone number of the vendor’s local representative or failing this, the names, addresses and telephone numbers of local bodies that may be able to assist consumers, or failing this a telephone number through which the vendor may be contacted without delay;
b) For minors travelling and staying abroad, an address and telephone number via which the minor and/or the person in charge of them at the location of their stay may be contacted.
20. The clause covering penalty-free cancellation and refund of sums paid by the purchaser in the event of failure to provide information as required in clause 14 of article R.211-6.
Article R.211-9 -
The purchaser may transfer his contract to a transferee who fulfils the same conditions as himself in respect of taking the trip or holiday as long as the contract has not yet come into force. Unless there is a stipulation more favourable to the transferor, the latter shall inform the vendor of their decision by registered letter with acknowledgement of receipt at least seven days prior to the start of travel. In the
case of a cruise, that time limit is increased to two weeks. Under no circumstances shall such transfer be subject to the vendor’s prior authorisation.
Article R.211-10 -
If the contract includes the express possibility of a price review, within the limits provided for in article L.211-13, it shall state the exact method of calculation of upward and downward price variations, and in particular the amount of transport expenses and related taxes, the currency or currencies which may have an impact on the price of the trip or holiday, the portion of the price to which the variation applies and the exchange rate of the currency or currencies used as a reference when establishing the price appearing in the contract.
Article R.211-11 -
If it becomes necessary for the vendor to alter any of the essential aspects of the contract, such as a significant price increase, and it fails to abide by the obligation of information specified inarticle R.211-6 clause 14, the purchaser may, without prejudice to claiming compensation for any loss suffered, and after having been informed by the vendor of this matter by registered letter with acknowledgement of receipt: - Either cancel their contract and secure an immediate refund of any monies paid, without penalty; - Or accept the change or replacement trip offered by the vendor; an amendment to the contract specifying those changes shallthen be signed by the parties; any price reduction shall be deducted from any monies still payable by the purchaser and if the payment already made by the latter exceeds the price of the amended service, any over-payment must be refunded to him before his date of departure.
Article R.211-12 -
In the case provided for by article L.211-15, if, before the departure of the purchaser, the vendor cancels the trip or holiday, they must inform the purchaser by registered letter with proof of receipt; without prejudice to claiming reparation for any loss suffered, the purchaser shall receive an immediate refund of any monies paid from the vendor without penalty; in such case, the purchaser shall receive compensation of at least the penalty he would have incurred if he had made the cancellation on that date. The provisions of this article shall not impede the conclusion of an amicable agreement whereby the purchaser accepts a replacement trip or holiday offered by the vendor.
Article R.211-13 -
If, after the purchaser’s departure, the vendor is unable to provide a preponderant part of the services provided in the contract, representing a not insignificant percentage of the price paid by thepurchaser, the vendor must immediately take the following action without prejudice to any claim for reparation of any loss suffered:
- Either offer services to replace the initial services, bearing any additional cost and, if the services accepted by the purchaser are of inferior quality, the vendor must refund the price difference as soon as he returns;
- Or offer other services to replace those initially planned, bearing any additional costs; if the services accepted by the purchaser are of a lower standard, the vendor must reimburse the difference in price to the purchase as soon as they return home; or, if he cannot offer any replacement service or if they are rejected by the purchaser on valid grounds, provide the purchaser, at no additional cost, travel tickets so that he can return to thepoint of departure or to another venue accepted by both parties under conditions deemed to be equivalent.
The provisions of the articles shall apply in the event of failure to abide by the obligation set forth in article R.211-6 clause 14.