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Terms and Conditions

Terms and Conditions

Last updated on 07/05/2019

Azureva is a non-profit organisation under the French Act of 1 July 1901, registered with the Prefecture of Ain on 17 July 1969 under number 0012003571, SIREN number 322 958 885, intracommunity VAT number FR 25 322 958 885, having its registered office at 52 Rue du Peloux, 01000, Bourg-en-Bresse, France.

Azureva is registered with the Registre des Opérateurs et Agences de Voyages (French Register of Tour Operators and Travel Agencies) under number IM001110004. Guarantor: U.N.A.T., 8 rue César Franck, 75015 Paris, France. Civil liability insurer: Generali, 2 Rue Pillet Will, 75009, Paris, France; policy number: AN 801 773. Tourism-specific civil liability insurer (Articles R.211 et seq of the French Tourism Code (Code du Tourisme)): Generali, 2 rue Pillet Will, 75009 Paris, France; policy number: AN 801 608.

 

These General Terms and Conditions of Sale (hereafter the “T&Cs”) apply To Azureva subscribers for all individual breaks. The T&Cs are published on the Azureva website at www.azureva-vacances.com. A copy of these T&Cs can be sent on request. The T&Cs applicable to a given break shall be those in force at the time of booking. They will be sent to you when you make your booking (by post or email, depending on the booking method chosen). By confirming your booking with your first payment instalment, you agree to abide by these T&Cs.

 

Article 1 - SUBSCRIPTION

The status of Azureva subscriber comes from purchasing at least one service in the last three years.

 

Article 2 – BOOKINGS of holiday village and self-catering resort holidays, themed holidays, sports holidays and holidays with additional services

Holidays can be booked:

- online, on our website at www.azureva-vacances.com

- by telephone, on 0825 825 432 (€0.15/min incl. VAT)

- by post, to Azureva, Booking Department, 52 Rue du Peloux, B.P. 40307, 01011, Bourg-en-Bresse Cedex, France

 

A booking request is confirmed by a contract, specifying the dates, location, price, details of participants and terms of the stay. The contract states the amount of the down payment payable within 7 days in order to confirm the booking. Payment of the down payment implies acceptance of the terms of the contract and the T&Cs between Azureva and the customer.

 

Article 3 - TERMS OF THE BREAK

As a general rule, except where specified in the contract, stays of one week shall be from Sunday to Sunday. For full-board, half-board, self-catering or camping holidays, the accommodation or pitch shall be available from 4 pm on the day of arrival, and must be vacated by 9.30 am on the day of departure. For camping holidays, the pitches shall be available from 3 pm on the day of arrival, and must be vacated by 12 noon on the day of departure. For stays at the La Malène resort, the pitches shall be available from 2 pm on the day of arrival, and must be vacated by 10 am on the day of departure.

- Azureva Holiday Villages are no smoking.

• Pets are not allowed at our resorts, other than at the Les Conches resort in Longeville-sur-Mer.

Where pets are allowed, Azureva reserves the right to request information and documentation relating to the animal in question prior to booking and arrival at the resort, including vaccination record, veterinary certificate, etc. The list of required information is specified in the booking contract. Azureva reserves the right to refuse entry to any pet in the event that the required information has not been provided, or that incorrect information has been provided.

 

For full or half-board accommodation at Azureva Holiday Villages:

- The service shall apply to the whole booking.

- In three and four-star resorts, bathroom linen and end-of-stay cleaning are included in the price.

- Bedding provided and beds made on arrival.

- Special diets are not catered for.

- Drinks are not included in the price (except where specified in the brochure).

- The accommodation is not equipped for preparing meals.

- The preparation and eating of meals in the accommodation is prohibited.

- In full board, the first meal included is dinner on the day of arrival and the last meal is breakfast on the day of departure. For stays of more than one week in full board, Sunday lunch will be charged.

- In half board, the evening meal is served in addition to breakfast.

- Optional early arrival and late departure do not affect the distribution of meals stated above.

 

For self-catering accommodation at Azureva Holiday Villages:

- Bedding provided and beds made on arrival.

- Cleaning during and at the end of the stay is the occupants’ responsibility. End-of-stay cleaning can be provided by Azureva for a cleaning charge of € 45 for accommodation for 1-4 people, € 50 for accommodation for 5-7 people and € 55 for accommodation for 8 people or more.

- A deposit of € 150 per accommodation is payable at check-in, which is returned at check-out after the accommodation has been checked. The deposit covers any damaged or missing items, as well as any additional cleaning required. Retention of the deposit does not exclude the payment of further damages, if the costs incurred justify it.

 

For full or half-board accommodation at all unstarred to two-star Azureva Holiday Villages:

- Option of hiring bathroom linen for an extra charge.

- Cleaning during and at the end of the stay is the occupants’ responsibility. End-of-stay cleaning can be provided by Azureva for a cleaning charge of € 20 for unstarred and one-star Azureva Holiday Villages, and € 25 for two-star Azureva Holiday Villages.

A deposit of € 40 per accommodation is payable at check-in for unstarred and one-star Azureva Holiday Villages, and €50 for two-star Azureva Holiday Villages. The deposit is returned at check-out after the accommodation has been checked. The deposit covers any damaged or missing items, as well as any additional cleaning required. Retention of the deposit does not exclude the payment of further damages, if the costs incurred justify it.

 

For stays at campsites:

- Bookings are taken for a minimum of one night.

- Option of hiring bathroom linen for an extra charge.

 

For stays at resorts:

- Bookings are taken for a minimum of one night.

- Bedding and bathroom linen are provided.

- Beds made on arrival.

- Option of breakfast for an extra charge.

 

Article 4 - SERVICES

The content of the services and the specific terms of each type of holiday are set out in our brochure and price guide.

Any free activities in the list of services which do not run following an incident of any kind shall not give rise to any form of reimbursement.

 

Article 5 - PRICES

Our prices are provided per accommodation based on maximum occupancy for full or half board, per accommodation for self-catering, and per pitch for camping.

Supplements may be charged in the event of under-occupancy of the accommodation in full or half board, i.e. where the accommodation is occupied below its standard capacity. The amounts will vary according to the site and time of year. Prices are notified at the time of booking.

For stays of three nights or fewer, an additional charge may apply.

Our prices are quoted as a fixed rate. No reimbursement is payable for curtailed stays. Any additional services arising from an extension of stay, for any reason whatsoever, will be payable by the subscriber. They will be charged at the rate applicable during the price period in question.

Under no circumstances can Azureva’s pricing or discount policy be combined with any sales made by a reseller or travel agency.

Prices are set on the basis of the economic situation and may be revised in the event of a change in the economic situation or new regulatory provisions. Azureva reserves the right to amend its prices upwards or downwards, in particular in the event of a change in the VAT rate.

Prices do not include:

5.1 Tourist tax: tourist taxes are charged by the public authorities. Azureva cannot be held liable for any changes to these taxes, or the creation of new ones, which are brought to its attention after the booking confirmation letter has been sent out.

5.2 Administration charges:

Any booking request, once accepted, gives rise to administration charges in addition:

- Stay of four nights or more in full board, half board or self-catering: 29 euros.

- Stay of up to three nights in full board, half board or self-catering: 15 euros.

- Camping holiday: 10 euros.

- There are no administration charges for hotel accommodation.

Administration charges cannot be reimbursed, except where Azureva is at fault.

5.3 The supplements set out in our brochure: supplements for services, activities, courses, excursions, hire, themes, etc. are payable in addition to the cost of the booking.

5.4 Single-occupancy supplements: these are applicable to all bookings; the rates vary according to the Azureva seasons.

 

Article 6 - PAYMENT

A down payment must be made at the point of booking. The down payment is equal to 30% of the total cost of the booking, excluding administration and insurance charges, plus the full amount of all administration and insurance charges. 

The balance must be paid no later than 30 days before the start of the stay. The above payment terms do not apply to payments made in a number of monthly instalments, according to a schedule agreed at the time of booking. For bookings made less than 30 days before the arrival date, payment of the total cost of the booking is required. By making a down payment or paying a monthly instalment, the subscriber confirms the holiday booking and agrees to Azureva’s Terms and Conditions. Failure to abide by the payment deadlines will result in the booking being cancelled.

The multi-payment option is available only to the holders of payment cards whose expiry date is after the date when the last payment is due. Otherwise, Azureva will refuse to allow multi-payment. Any loss, theft, insufficient account balance, etc., will lead to the subscriber being required to settle the balance of the outstanding instalments no later than 30 days before the start of the stay.

 

Article 7 - WITHDRAWAL PERIOD

In accordance with the law, due to the fact that activities have been purchased, customers who have booked with Azureva by any distance-selling method cannot benefit from any standard withdrawal period.

 

Article 8 - AMENDMENTS TO BOOKINGS

Any amendments to the dates, length of stay, location or guests included in a booking must be agreed beforehand and addressed in writing to Azureva, 52 Rue du Peloux, B.P. 40307, 01011, Bourg-en-Bresse Cedex, France, or by email to: contact@azureva-vacances.com.

Any amendment to the contract shall result in the price of the stay being recalculated at the price in force on the date the request was made; any promotions applied to the original booking may be withdrawn.

In the case of additional services, the difference between the original price of the booking and the new price must be paid in full 30 days before the start of the stay. If specifically requested, a new payment schedule may be proposed.

A reduction in the length of stay or the total invoice or instalment amount payable may give rise to cancellation fees (see Article 9). In the event of multi-payment, the direct-debit instalments will be stopped. Where there is an outstanding balance, the customer must pay the corresponding amount or it will be debited from their account.

 

Article 9 - CANCELLATIONS OF BOOKINGS

* By the subscriber

You may be forced to cancel your holiday. Cancellation requests should be made in writing to: Azureva, 52 rue du Peloux, B.P. 40307, 01011, Bourg-en-Bresse Cedex, France (date as per postmark) or by email to: contact@azureva-vacances.com (date as per receipt of email).

The cancellation date shall be the date of receipt. The following will be deducted from the total cost of the booking:

- 5% if you cancel 60 or more days (inclusive) before the start of the break

- 15% if you cancel between 59 and 30 days (inclusive)

- 30% if you cancel between 29 and 15 days (inclusive)

- 50% if you cancel between 14 and 8 days (inclusive)

- 100% if you cancel less than 8 days prior to your stay or in the event of a no-show or curtailment of your stay.

Any interruption or curtailment (late arrival, early departure) attributable to the customer cannot give rise to reimbursement or postponement.

Administration charges are always kept.

For lift passes, ski equipment hire and skiing lessons, cancellations or amendments requested less than ten days before the date of your holiday cannot be accepted. No reimbursements will be made.

In the event of non-payment of the down payment or balance of the booking on their due dates, the booking will be deemed cancelled by the subscriber.

*By Azureva

Where an event occurs preventing the subscriber’s stay from taking place, Azureva shall, where possible, offer the subscriber another holiday in one of its villages.

If this is not possible, Azureva reserves the right to cancel the stay. In this case, the cancellation terms will not be applied. The cost of the booking will be reimbursed in full.

Azureva reserves the right to cancel an individual themed and/or sports holiday, if the minimum number of participants set out in its brochures is not attained by 30 days prior to its start date. The subscriber will then be offered an alternative. If the alternative is not accepted, all amounts paid by the subscriber will be reimbursed.

 

Article 10 – THEMED AND SPORTS HOLIDAYS, EXCURSIONS, ADDITIONAL SERVICES

Guests must keep to the agreed meeting times. Late arrivals will be subject to the potential inconvenience caused by their lack of punctuality (being required to make their own way to their accommodation or a meeting point with no reimbursement of travel costs, possibly not being able to participate in an activity, etc.).

 

Article 11 – ADMINISTRATIVE AND HEALTH FORMALITIES

We advise you to make sure that you are up to date with police, customs and health formalities for your trip or stay. A passenger not permitted to board a flight or enter the host country because they do not produce the required documents (passport, visa, vaccination certificates, etc.) cannot claim any reimbursement for their stay. We strongly advise our subscribers who are travelling abroad to find out about their overseas healthcare entitlements prior to departure.

 

Article 12 - LIABILITY

In the event of an accident or incident resulting in bodily, material or non-material damage, or of local difficulties causing us, in the interests of participants, to make changes to the schedules, Azureva cannot be held liable for cases of force majeure, acts of God, causes attributable to the buyer or unforeseeable or insurmountable causes attributable to a third party not involved in the provision of the services set out in the agreement. However, in the latter cases, Azureva shall endeavour to seek and offer appropriate solutions to overcome the difficulties that arise.

 

Article 13 – THEFT AND DAMAGE

Azureva cannot be held liable for the theft of jewellery or valuables (cash, cheque books, credit cards, etc.).

We would also draw your attention to the fact that Azureva offers you free parking, which may be covered but is not supervised, and that we accept no liability in the event of theft or damage. We therefore advise you to contact your insurer to request extended cover for theft/damage to your valuables and vehicle during your stay at Azureva.

 

Article 14 – MINORS

Minors are the responsibility of their accompanying adults. Under no circumstances may the supervising staff at the holiday villages or host establishments be held liable for the actions of minors. However, activities staff shall be responsible for the care of minors for the duration of the activities.

It is up to the adults responsible for the children to take them to the activities and collect them afterwards.

Minors may not occupy accommodation alone. They must be accompanied by an adult.

 

Article 15 - INSURANCE

15.1 Public liability insurance:

Azureva holds a public liability insurance policy as a holiday organiser. Details of the policy can be found at the start of these T&Cs.

Azureva customers are covered by the operator’s public liability insurance policy throughout their stay, covering personal injury and damage to property and possessions for which Azureva has been found liable.

- Theft from accommodation: we cannot be held liable for theft without break-in.

- Under no circumstances can we be held liable for: theft of jewellery, cash, cheque books, credit/debit cards, valuables, official documents and travellers’ cheques.

Azureva also holds a public liability insurance policy as a tour operator and travel agent, as per French law. Details of the policy can be found at the start of these T&Cs.

15.2 Travel insurance (recommended in addition):

Azureva has arranged travel insurance with Allianz. You can choose to take out one or more of the following options:

- cancellation and curtailment insurance (policy no.: 78 931 978)

- snow and mountain insurance (policy no.: 78 931 979).

- multi-risk snow and mountain insurance (policy no.: 78 932 297).

These policies are optional. If you wish to take out one or both options, you must do so at the point of booking.

 

Article 16 – FINANCIAL GUARANTEE

UNAT (through its Fonds Mutuel de Solidarité), 8 Rue César Franck, 75015, Paris, France, provides Azureva with the financial guarantee for travel agents and other operators selling trips and holidays set out in Articles L.211-18 and R.211-26 to R.211-34 of the French Tourism Code (Code du Tourisme) and in accordance with the Order of 23 December 2009 on the terms for setting the financial guarantee for travel agents and other operators selling trips and holidays.

 

Article 17 - COMPLAINTS

Complaints of a commercial nature or pertaining to service standards must be made by registered letter with acknowledgement of receipt no later than 30 days after the end of the break, to:

Azureva, Quality Department, 52 Rue du Peloux, B.P. 40307, 01011, Bourg-en-Bresse Cedex, France.

Claims under Azureva’s damage insurance or liability insurance shall only be admitted if they have first been lodged with the management of the village or host property in question prior to departure.

Booking an Azureva holiday implies full acceptance of the internal rules of our destinations and the Azureva T&Cs.

 

Article 18 – SETTLEMENT OF DISPUTES

 

In the event of a dispute concerning these T&Cs, the customer can request a conventional mediation procedure or any other alternative form of dispute resolution, under the terms of Book VI, Title 1, of the French Consumer Code (Code de la Consommation).

Having referred the dispute to Azureva’s Quality Department to try to reach an amicable settlement, and having received a negative response or no reply within 60 days of the referral, the customer may refer it to the Travel and Tourism Mediator (Médiateur du Tourisme et du Voyage, B.P. 80303, 75823 Paris Cedex 17, France); for details of the referral process, see: www.mtv.travel. Disputes may be referred to the Mediator up to 12 months after the initial complaint.

 

 

Article 19 – PERSONAL DATA

 

Azureva collects and stores such data in its IT system for the purpose of managing bookings and fulfilling the associated services, as well as managing technical and other operations designed to improve, adapt and personalise its services and tools (research, maintenance, technical tests, etc.). Such data may also be shared with other parties for commercial communication purposes and to organise promotional offers tailored to customers’ specific needs. For these purposes, the data may be stored, processed and transferred by Azureva internally or to third parties such as insurance companies, banks, payment service providers, subcontractors and partner service providers. Such third parties shall only have access to customers’ personal data as strictly necessary to fulfil the break or the associated services. The data shall be stored only for the length of time necessary for it to be processed. Where the customer objects to their personal data being collected, stored or transferred to third parties as necessary to process the sale or fulfil the break or associated services, Azureva shall be unable to fulfil all or part of the requested service.

Customers have an exclusively personal right to access and rectify their data, and to determine how their data is used. They may exercise this right by writing to Azureva, Personal Data Management, 52 Rue du Peloux, BP 40307, 01011, Bourg-en-Bresse, France, or by emailing donnees.personnelles@azureva-vacances.com, and enclosing proof of identity with their request.

Azureva’s Privacy Policy, explaining how it handles customers’ personal data, can be found on the Azureva website at www.azureva-vacances.com. This is the only document containing Azureva’s privacy commitments and procedures. The document is likely to be modified from time to time. Please refer to it on a regular basis, especially when making a booking at one of our properties.

 

 

PROVISIONS FROM THE CODE DU TOURISME (FRENCH TOURISM CODE)

Our T&Cs comply with the provisions of article R.211-12 of the Code du Tourisme (French Tourism Code). As required by law, articles R.211-3 to R.211-11 of the Code are reproduced below in full, in English.

 

 

Article R.211-3

With the exception of the exclusions provided for in paragraphs three and four of Article L.211-7, all offers and all sales of travel or accommodation services lead to the delivering of appropriate documents that comply with the rules defined by this section.

In the event of sales of airline tickets or tickets on regularly scheduled services that are not accompanied by package-type services linked to this transportation, the seller issues the buyer one or several passenger tickets for the entirety of the travel, issued by the carrier or under its responsibility. In case of transport upon request, the name and address of the carrier on whose behalf the tickets are issued must be mentioned.

The separate invoicing of the various elements of a given tourism package does not absolve the seller of its obligations under the regulatory provisions of this section.

 

Article R.211-3-1

Exchanges of pre-contractual information and the providing of contractual terms are carried out in writing. These can be done electronically in the conditions of validity and exercising provided for in Articles 1369-1 to 1369-11 of the Code Civil (French Civil Code). They must mention the name or company name and address of the seller and its listing in the registry provided for in Article L.141-3, or, if applicable, the name, address and registration number of the federation or the union mentioned in the second paragraph of Article R.211-2.

 

Article R.211-4

Prior to the signing of the contract, the seller must provide the consumer with information on the prices, dates and other elements that constitute the services provided for the travel or accommodation such as:

1. The destination, means, characteristics and categories of transport used;

2. The type of accommodation, its location, level of comfort and main characteristics, authorisation and tourism rating according to the regulations or customs of the host country;

3. The meal services offered;

4. A description of the itinerary for tours;

5. The administrative and health formalities to be carried out by French citizens or citizens of another member state of the European Union or of the European Economic Area, particularly in cases involving the crossing of borders, and the deadlines for carrying these out;

6. The visits, excursions and other services included in the package or possibly available at an additional cost;

7. The minimum or maximum size of the group making it possible to carry out the travel or accommodation and, if the carrying out of the travel or accommodation depends on a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the travel or accommodation; this date cannot be set to fewer than twenty-one days prior to departure;

8. The amount or the percentage of the price to be paid as a deposit upon signing the contract and the schedule for the payment of the balance due;

9. The conditions for revision of the prices as provided for by the contract in application of Article R.211-8;

10. The conditions of cancellation of a contractual nature;

11. The cancellation terms defined in Articles R.211-9, R.211-10 and R.211-11;

12. The information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or of an assistance contract covering particular risks, such as expenses for repatriation in the event of accident or illness;

13. When the contract includes air transport services, the information, for each section of the flight, provided for in Articles R.211-15 to R.211-18.

 

Article R.211-5

The prior information given to the consumer binds the seller, unless, in this information, the seller expressly reserves the right to modify certain parts of it. The seller must, in this case, clearly indicate to what extent this modification can take effect and on what elements.

In any event, the modifications made to the prior information must be provided to the consumer before the contract is signed.

 

Article R.211-6

The contract signed between the seller and the buyer must be drawn up in duplicate with one original given to the buyer and signed by both parties. When the contract is signed electronically, Articles 1369-1 to 1369-11 of the Code Civil (French Civil Code) apply. The contract must include the following clauses:

1. The name and address of the seller, its guarantor and its insurer and the name and address of the organiser;

2. The destination or destinations of the travel and, in the case of accommodation in stages, the various periods and their dates;

3. The means, characteristics and categories of transport used, the starting and return dates and places;

4. The type of accommodation, its location, level of comfort and main characteristics and the tourism rating by virtue of the regulations or customs of the host country;

5. The meal services offered;

6. A description of the itinerary for tours;

7. The visits, excursions or other services included in the total price of the travel or accommodation;

8. The total price of the services invoiced and the indication of any possible revisions of this invoicing by virtue of the provisions of Article R.211-8;

9. An indication, if applicable, of the fees or taxes for certain services such as landing, disembarking or embarking fees at ports and airports, tourist taxes when they are not included in the prices of the services provided;

10. The schedule and method for payment of the price; the last payment made by the buyer cannot be less than 30% of the price of the travel or accommodation and must be made at the time of submission of the documents allowing the buyer to carry out the travel or accommodation;

11. The particular terms requested by the buyer and accepted by the seller;

12. The manner in which the buyer can submit to the seller a complaint for non-fulfilment or poor fulfilment of the contract. This complaint must be sent to the seller as soon as possible, by any means providing a confirmation of receipt, and, if necessary, indicated in writing, to the organiser of the travel and to the provider of the services involved;

13. The deadline for informing the buyer in the event of a cancellation of the travel or accommodation by the seller if the carrying out of the travel or accommodation is linked to a minimum number of participants, in accordance with the provisions of item no. 7 of Article R.211-4;

14. The conditions of cancellation of a contractual nature;

15. The cancellation terms specified in Articles R.211-9, R.211-10 and R.211-11;

16. The specifications concerning the risks covered and the amount of the guarantees under the insurance contract covering the consequences of the seller’s professional legal liability;

17. Indications concerning the insurance contract covering the consequences of certain cases of cancellation subscribed by the buyer (policy number and name of insurer) and those of the assistance contract covering certain particular risks, particularly the costs of repatriation in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;

18. The deadline for informing the seller in the event of a transfer of the contract by the buyer;

19. The commitment to provide the buyer, at least ten days prior to the planned departure date, with the following information:

a) The name, address and telephone number of the local representative of the seller or, failing that, the names, addresses and telephone numbers of the local organisations that could help the consumer in the event of difficulties or, failing that, the telephone number to contact the seller in the event of an emergency;

b) For travel or accommodation of minors abroad, a telephone number and address enabling direct contact to be established with the child or with the on-site manager for the accommodation;

20. The clause for termination and reimbursement without penalties of the sums paid by the buyer in the event of non-observance of the information obligation provided for in item no. 13 of Article R.211-4;

21. The commitment to provide the buyer, in a timely manner before the beginning of the travel or accommodation, with the departure and arrival times.

 

Article R.211-7

The buyer may transfer the contract to a transferee who fulfils the same conditions as the buyer to carry out the travel or accommodation, as long as this contract has not had any effect.

Unless there is a stipulation that is more favourable to the transferor, the latter must inform the seller of his or her decision by any means allowing confirmation of receipt seven days before the beginning of the travel at the latest. When it is a cruise, this period is extended to fifteen days. In no event this transfer is subject to the seller’s prior authorisation.

 

Article R.211-8

When the contract includes the express possibility of a price revision, within the limits provided for in Article L.211-12, it must mention the precise method used for the calculation of the price variations, both upward and downward, and in particular the amount of the transportation costs and related taxes, the currency or currencies that could have an impact on the price of the travel or accommodation, the share of the price to which this variation can apply, and the rates of the currency or currencies used as references for the establishment of the prices appearing in the contract.

 

Article R.211-9

When, before the buyer’s departure, the seller is forced to modify one of the essential elements of the contract, such as a significant price increase and when said seller ignores the information obligation mentioned in item no. 13 of Article R.211-4, the buyer may, without prejudice to recourse for reparation of any damages suffered, and after having been informed by the seller by any means allowing confirmation of receipt:

- either terminate the contract and receive an immediate refund of all amounts paid, without penalty;

- or accept the modification or substitution travel offered by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any decrease in price is deducted from sums that may remain due from the buyer and, if the payment already made by the buyer exceeds the price of the modified package, the surplus must be refunded to the buyer before the date of departure.

 

Article R.211-10

In the case provided for in Article L.211-14 when, before the buyer’s departure, the seller cancels the travel or the accommodation, said seller must inform the buyer by any means allowing the buyer to obtain confirmation of receipt; the buyer, without prejudice to recourse for reparation of any damages suffered, obtains from the seller the immediate reimbursement of the sums paid without penalty; in this case, the buyer receives compensation at least equal to the penalty that said buyer would have had to pay if the cancellation had occurred due to buyer’s action on that date.

The provisions of this article do not prevent the conclusion of an amicable agreement whose purpose is the buyer’s acceptance of substitute travel or accommodation offered by the seller.

 

Article R.211-11

When, after the buyer’s departure, the seller is unable to provide a preponderant share of the services foreseen in the contract representing a significant percentage of the price honoured by the buyer, the seller must immediately take the following measures without prejudice to recourse for reparation of any damages suffered:

- either offer services to replace the planned services, bearing any additional cost and, if the services accepted by the buyer are of a lower quality, the seller must reimburse said buyer for the price difference upon the buyer’s return;

- or, if the seller cannot offer any replacement service or if these are refused by the buyer for valid reasons, provide to the buyer, at no additional cost, passenger tickets to guarantee the buyer’s return under conditions that can be judged equivalent to the place of departure or to another place accepted by both parties.

The provisions of this article are applicable in the event of non-observance of the obligation provided for in item 13 of Article R.211-4.

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