The translation of the Terms and Conditions in another language than French is to facilitate the understanding of our Ts & Cs.
Kindly note that only the French version available on the French website is applicable.
GENERAL TERMS AND CONDITIONS OF SALE for “INDIVIDUAL BREAKS”
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 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. Translation of the General Terms and Conditions of Sale in a language other than French is provided to facilitate understanding but only the French version in force and published on the French website applies.
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 to 0 484 311 311 (standard rate local call)
- 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 stays at all our resorts, and regardless of the chosen service, the accommodation shall be available from 4 pm on the day of arrival, and must be vacated by 9:30 am on the day of departure. Exceptionally, camping pitches shall be available from 3 pm on the day of arrival, and must be vacated by
12 noon on the day of departure. Similarly, for breaks with hotel services and for hotel breaks, the accommodation is available from 2 pm on the day of arrival and must be vacated by 10 am on the day of departure.
Smoking is not permitted at any of our resorts.
Pets are not allowed at our resorts, other than at the Les Conches resort in Longeville-sur-Mer (where dogs are allowed) or where a special exception is made by contract.
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.
Article 4 - SERVICES
The content of the services and the specific terms of each type of holiday are set out in our brochure as applicable to the period of the stay.
The free activities contained in the list of services are given for information purposes only. Any such activities that do not run following an incident of any kind shall not give rise to any form of reimbursement.
4.1 - For full or half-board accommodation:
- The service shall apply to the whole booking.
- 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.
And additionally, specifically in resorts classified between 3 and 4 *:
- Bathroom towels and end-of-stay cleaning services are available as optional extras.
- Bedding is provided and beds are made on arrival.
And additionally, specifically in resorts classified between 0 and 2 *:
- Cleaning during and at the end of the stay is the occupants’ responsibility, unless available and paid for as an optional extra.
- A deposit of €40 per accommodation is payable at check-in for unstarred and one-star resorts, and €50 for two-star resorts. 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.
4.2 - For self-catering breaks:
- Bedding is provided and beds are made on arrival.
- Cleaning during and at the end of the stay is the occupants’ responsibility, unless available and paid for as an optional extra.
- A deposit of €150 per accommodation is payable at check-in. 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.
4.3 - For rentals of camping pitches:
- Bookings are subject to a minimum stay, which may vary from one night to one week according to the time of year.
4.4 For breaks with hotel services in resorts not classified as hotels:
- Bookings are accepted for a minimum stay, which may vary from one night to two nights according to the time of year and the resort in question. Other than in the La Malène resort, the minimum stay may not exceed four nights.
- Bedding and bathroom linen are provided.
- Beds are made on arrival.
- Breakfast is available at an additional charge.
4.5 - For hotel breaks:
- Bookings are accepted with no minimum duration
- Bedding and bathroom linen are provided.
- Beds are made on arrival.
- Breakfast is available at an additional charge.
Article 5 - PRICES
Our prices are advertised per accommodation unit based on maximum occupancy for full or half board, per accommodation unit for self-catering and hotels, 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.
Except for breaks with hotel services and hotel breaks, for breaks of less than or equal to 3 nights, a supplement may be applied.
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 discounts or promotional offers 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:
For each contract, administration charges shall apply in addition to the booking cost:
- Stay of four nights or more in full board, half board or self-catering: €29.
- Stay of up to three nights in full board, half board or self-catering: €15.
- Camping pitch: €10.
- No administration charges applied for hotel services and in hotels.
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
6-1 Payment for the break
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.
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.
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.
Should the payment method be changed and after approval of the change, Azureva shall invoice a handling charge of €25 for each request.
The pre-authorisation rules are left to the discretion of the individual Resort. The Resort may, on the day of the Guest’s arrival, request a pre-authorisation on the Guest’s credit or debit card from the issuing bank, for an amount up to the total cost of the booking plus a fixed sum to cover any extra on-site expenditure by the Guest (breakfast if not included in the rate, restaurant, bar, spa, tourist taxes if any, etc.). The fixed sum is set by the Resort based on the number of guests and the number of nights booked (e.g. 2 nights at €90 per night + an estimated €40 of extras = pre-authorisation request of €220). The amount requested by way of a pre-authorisation is not debited immediately but is instead a hold placed on the Guest’s card, with the bank’s authorisation, for future payment. The card limit is temporarily reduced as a result to ensure that sufficient funds are available for the future debit.
Where a pre-authorisation request is made and confirmed by the bank:
- either the Guest settles the amount due at reception on the day of departure and the Resort cancels the pre-authorisation request with the Guest’s bank,
- or the Guest fails to attend reception on the day of departure and the Resort issues a debit request to the Guest’s bank for the amount due.
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 a stay must be addressed in writing to Azureva, 52 Rue du Peloux, B.P. 40307, 01011, Bourg-en-Bresse Cedex, France, or by email to: [email protected]
The customer may transfer the contract, excluding any insurance policies and optional services which shall remain personal to the original customer, to any transferee who fulfils the same conditions as the transferor, and provided that the contract has not had any effect. Azureva must be given notice of the transfer of the contract no later than 7 days before the start of the stay.
Any amendments to the dates, length of stay, location, or number or identity of guests included in a booking must be agreed beforehand.
Azureva shall apply specific administration charges for the amendment or transfer of the contract. 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 - CANCELLATION
* 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: [email protected] (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.
Azureva shall automatically retain administration charges and any insurance premiums paid.
For lift passes, ski equipment hire and skiing lessons, cancellations or amendments requested less than 10 days before the date of your holiday cannot be accepted. No reimbursements will be made.
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 resorts or a penalty-free cancellation.
If an alternative holiday is not possible or the customer rejects the offer, Azureva reserves the right to cancel the stay. It shall inform the subscriber thereof. In such a case, the subscriber shall receive a full refund of all amounts paid and, by way of compensation, an amount equal to the penalty the subscriber would have had to pay had they cancelled the stay on the date in question.
If Azureva cancels the stay as a result of a case of force majeure, as defined in Article 1218 of the French Civil Code (Code Civil), the subscriber shall only be entitled to a full refund of the amounts paid, without any other compensation:
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
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 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 of/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 offers its customers insurance purchased from the insurance company MUTUAIDE, who can choose to take out one or more of the following options:
- cancellation and curtailment insurance No.: 6704
- snow and mountain insurance No.: 6706.
These policies are optional. If you wish to take out one or both options, you must do so at the point of booking and confirm when you make your first payment. Purchase of insurance is firm and final and cannot be cancelled except in accordance with the statutory provisions
Penalties for making a false declaration when taking out an insurance policy: If you withhold information or make a false, incomplete or inaccurate declaration, you will be subject to the penalties laid down in Articles L.113-8 and L.113-9 of the French Insurance Code (Code des Assurances): - If you acted in bad faith: the policy will be terminated. - If it cannot be established than you acted in bad faith: the amount payable will be reduced by the same proportion as the difference between the premium paid and the premium that would have been due had the risk been fully and accurately declared.
Article 16 – INSOLVENCY PROTECTION
UNAT, 8 Rue César Franck, 75015, Paris, France, provides Azureva with insolvency protection 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 insolvency protection for travel agents and other operators selling trips and holidays.
Article 17 - COMPLAINTS
Complaints about service quality or claims against Azureva’s liability must be lodged in writing, by registered letter with acknowledgement of receipt, and within the statutory time frame to:
Azureva, Quality Department, 52 Rue du Peloux, B.P. 40307, 01011, Bourg-en-Bresse Cedex, France.
Claims against Azureva’s liability shall be easier to process if they are first lodged with the management of the resort in question prior to departure.
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 [email protected], and enclosing proof of identity with their request.
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.
Article 20 – SPECIAL TERMS AND CONDITIONS – STANDARD INFORMATION FORM FOR PACKAGE TRAVEL CONTRACTS
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302 and Article L.211-2(II) of the French Tourism Code (Code du Tourisme).
Therefore, you will benefit from all EU rights applying to packages as transposed into the French Tourism Code. Azureva will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, Azureva has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.
Key rights under Directive (EU) 2015/2302 as transposed into the French Tourism Code:
Travellers will receive all essential information about the package before concluding the package travel contract.
The organiser and the retailer are liable for the proper performance of all the travel services included in the contract.
Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the retailer.
Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package Azureva, as the trader responsible for the package, cancels the package, travellers are entitled to a refund and compensation where appropriate.
Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
The organiser or the retailer has to provide assistance if the traveller is in difficulty.
If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Azureva has taken out insolvency protection with UNAT, 8 Rue César Franck, 75015, Paris, France. Travellers may contact this entity if services are denied because of Azureva’s insolvency.
Directive (EU) 2015/2302 transposed into French law in the French Tourism Code (Code du Tourisme), including Articles R.211-3 et seq:
Our T&Cs comply with the provisions of article R.211-12 of the French Tourism Code (Code du Tourisme). 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
Any offer and any sale of the services referred to in Article L.211-1 shall give rise to the delivery of appropriate documents that meet the rules set out in this Section.
Article R 211-3-1
The exchange of pre-contractual information or the provision of pre-contractual conditions shall be made in writing. This may also be done electronically. The following shall be indicated: the name or business name and the address of the organiser or retailer and their registration number in the register provided for in Article L.141-3 or, where appropriate, the name, address and registration number of the federation or union referred to in the second indent of Article R.211-2.
Article R 211-4
Before concluding a contract, the organiser or retailer shall provide the traveller with the following information:
1. The main characteristics of the travel services:
a) The travel destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included;
b) The means, characteristics and categories of transport, the points, dates and time of departure and return, the duration and places of intermediate stops and transport connections. Where the exact time is not yet determined, the organiser or retailer shall inform the traveller of the approximate time of departure and return;
c) The location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination;
d) The meal plan;
e) Visits, excursions or other services included in the total price agreed for the contract;
f) Where it is not apparent from the context, whether any of the travel services will be provided to the traveller as part of a group and, if so, where possible, the approximate size of the group;
g) Where the traveller’s benefit from other tourist services depends on effective oral communication, the language in which those services will be carried out;
h) Whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the traveller’s request, precise information on the suitability of the trip or holiday taking into account the traveller’s needs;
2. The trading name and geographical address of the organiser or retailer, as well as their telephone number and, where applicable, e-mail address;
3. The total price inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the traveller may still have to bear;
4. The arrangements for payment, including any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by the traveller;
5. The minimum number of persons required for the trip or holiday to take place and the time-limit, referred to in Article L.211-14(III), before the start of the trip or holiday for the possible cancellation of the contract if that number is not reached;
6. General information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination;
7. Information that the traveller may cancel the contract at any time before the start of the trip or holiday in return for payment of an appropriate cancellation fee, or, where applicable, the standardised cancellation fees requested by the organiser or retailer, in accordance with Article L.211-14(I);
8. Information on optional or compulsory insurance to cover the cost of cancellation of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death.
With reference to packages as defined in Article L. 211-2(II)(A)(2)(e), the organiser or retailer and the trader to whom the data are transmitted shall ensure that each of them provides, before the traveller is bound by a contract, the information set out in this Article in so far as it is relevant for the travel services they offer.
The form communicating the information listed in this Article to the traveller shall be laid down by joint order of the Minister for Tourism and the Minister for Economic Affairs and Finance. This joint order shall specify the minimum information that must be provided to the traveller when the contract is concluded by telephone.
Article R 211-5
The information referred to in Article R.211-4(1), (3), (4), (5) and (7) and provided to the traveller shall form part of the contract and may be changed only under the conditions set out in Article L.211-9.
Article R 211-6
In addition to the information specified in Article R.211-4, the contract must include the following information:
1. The special requirements of the traveller which the organiser or retailer has accepted;
2. Information that the organiser and retailer are responsible for the proper performance of all travel services included in the contract in accordance with Article L.211-16 and that they are obliged to provide assistance if the traveller is in difficulty in accordance with Article L.211-17-1;
3. The name of the entity in charge of insolvency protection and its contact details, including its geographical address;
4. The name, address, telephone number, e-mail address and, where applicable, the fax number of the local representative of the organiser or retailer, of a contact point or of another service which enables the traveller to contact the organiser or retailer quickly and communicate with him efficiently, to request assistance when the traveller is in difficulty or to complain about any lack of conformity perceived during the performance of the trip or holiday;
5. Information that the traveller is required to communicate any lack of conformity which he perceives during the performance of the trip or holiday in accordance with Article L.211-16(II);
6. Where minors, unaccompanied by a parent or another authorised person, travel on the basis of a contract which includes accommodation, information enabling direct contact with the minor or the person responsible for the minor at the minor’s place of stay;
7. Information on available in-house complaint handling procedures and on alternative dispute resolution mechanisms and, where applicable, on the entity by which the trader is covered and on the online dispute resolution platform pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council;
8. Information on the traveller’s right to transfer the contract to another traveller in accordance with ArticleL.211-11.
With reference to packages as defined in Article L. 211-2(II)(A)(2)(e), the trader to whom the data are transmitted shall inform the organiser or retailer of the conclusion of the contract leading to the creation of a package. The trader shall provide them with the information necessary to comply with their obligations as an organiser. As soon as the organiser or retailer is informed that a package has been created, they shall provide the information referred to in points 1. to 8. to the traveller on a durable medium.
Article R 211-7
A traveller may transfer his or her contract to a transferee who satisfies the same conditions as the traveller in order for the transferee to undertake the trip or holiday, provided that the contract has not yet produced any effects.
Unless more favourable provision is made, the transferor shall be required to inform the organiser or retailer of his/her decision by any means capable of producing an acknowledgement of receipt no later than seven days before the start of the trip. Under no circumstances shall this transfer be subject to prior authorisation by the organiser or retailer.
Article R 211-8
Where the contract includes an explicit possibility of price revision, within the limits laid down in Article L.211-12, it shall specify the calculation methods for price changes, whether increases or decreases, in particular with regard to the transport costs and related charges, the currency or currencies that could have an impact on the price of the trip or holiday, the part of the price to which the change applies, and the exchange rate of the currency or currencies taken as the reference when the price specified in the contract was established.
In the event of a price decrease, the organiser or retailer shall have the right to deduct actual administrative expenses from the refund owed to the traveller. At the traveller’s request, the organiser or retailer shall provide proof of such administrative expenses.
Article R 211-9
Where, before the traveller leaves, the organiser or retailer is obliged to alter one of the essential components of the contract, if the organiser or retailer is unable to meet the specific requirements referred to in Article R.211-6(1) or if there is a price increase of more than 8%, they shall inform the traveller without undue delay in a clear, comprehensible and readily visible manner on a durable medium of the following:
1. The proposed changes and, where appropriate, their impact on the price of the trip or holiday;
2. The reasonable period within which the traveller has to inform the organiser or retailer of his decision;
3. The consequences of the traveller’s failure to respond within the prescribed period;
4. Where applicable, the other arrangements offered and their price.
Where the changes to the contact or the substitute arrangements result in a trip or holiday of lower quality or cost, the traveller shall be entitled to an appropriate price reduction.
If the contract is cancelled and the traveller does not accept other arrangements, the organiser or retailer shall refund all payments made by or on behalf of the traveller as soon as possible and in any event not later than 14 days after the contract is cancelled, without prejudice to compensation pursuant to Article L.211-17.
Article R 211-10
The organiser or retailer shall provide any refunds required under Article L.211-14(II) and (III) or, pursuant to Article L.211-14(I), reimburse any payments made by or on behalf of the traveller minus the appropriate cancellation fee. Such refunds shall be made to the traveller as soon as possible and in any event not later than 14 days after the contract is cancelled.
In the case provided for in Article L.211-14(III), the additional compensation that the traveller may receive shall be at least equal to the penalty he/she would have had to bear if the cancellation had been made by the traveller on that date.
Article R 211-11
The assistance provided by the organiser or retailer in application of Article L.211-17-1 shall consist in particular in:
1. Providing appropriate information on health services, local authorities and consular assistance;
2. Assisting the traveller to make distance communications and helping the traveller to find alternative travel arrangements.
The organiser or retailer shall be able to charge a reasonable fee for such assistance if the difficulty is caused intentionally by the traveller or through the traveller’s negligence. That fee shall not in any event exceed the actual costs incurred by the organiser or retailer.