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Legal notices

This Website is the property of the Libournais Region Tourist Office.

Publisher

Office de Tourisme du Libournais
42 place Abel Surchamp
33500 Libourne (FR)

Publishing Director

Mr Philippe Buisson, Chairman of the Tourist Office, Vice-President of the Communauté d’agglomération du Libournais (Cali – Libournais Agglomeration Community)

Design

Agence les Conteurs – tourism content marketing agency

Design & Development

Agence And – Bordeaux digital agency

Photo credits

Les Conteurs, Steve le Clech, Jean Michel le Saux, Alpha Images, Thomas Samson, Maksim Shebeko, Stéphane Klein, Madeleine Lemaire. Catherine Cordonatto and Karine Glane, Libournais Region Tourist Office. Communications department of Saint-Seurin-sur-l’Isle Town Hall.

Hosting

OVH
2 rue Kellermann
59100 ROUBAIX (FR)

Intellectual property

The presentation and reproduction of any of the elements, including brands and logos featured on this website, are protected by the applicable intellectual property laws.

No element comprised in this website may be copied, reproduced, amended, re-published, altered or distributed in any shape or form, by any means, in part or in whole, without the prior authorisation of its creator, with the exception of strict use for press requirements and subject to ensuring the enforcement of intellectual property rights and any other relevant property rights.

Any whole or partial representation of the website, through any process not explicitly authorised by the Tourist Office is prohibited and constitutes wrongful use, sanctioned by Articles L335-2 et seq. of the French Intellectual Property Code. The Tourist Office reserves the right to prosecute any wrongful use or breaches of its intellectual property rights.

Hyperlinks

The pages comprising this website may include links to other websites or redirect the user to other websites. The Tourist Office does not provide any guarantee in regard to the content of these other websites, and may not be held liable for any damages resulting from the use of content on these sites. Links to other sites are provided solely for the convenience of the website user.

Liability

The Tourist Office may not be held liable for any damages caused by connecting to its website. It is solely the user’s liability to ensure the protection of their data and hardware against, in particular, digital virus infections, hacking attempts, the loss, deterioration or alteration of files due to an internet connection to this website.

Personal data

The Tourist Office undertakes to ensure that any collection and processing of your data through this website complies with the General Data Protection Regulation.

You have the right to access your data, request rectification in the event of incorrect data, request its deletion, request restrictions on its processing, request its portability, refuse its processing, and define instructions for its use following death. For more information on your rights, please visit the CNIL website.

You may exercise your rights by contacting:
Office de Tourisme du Libournais
42 place Abel Surchamp
33500 Libourne (FR)

General Online Sale Terms and Conditions

Article 1: Purpose

These General Terms and Conditions of Sale (GTCS) determine the rights and obligations and the parties (the vendor and the customer) for the sale of Service Provisions by the Libournais Inter-communal Tourist Office (hereinafter referred to as “LITO”), the vendor, to the Customer, on their information and online sale site, which can be accessed vita the following address https://www.tourisme-libournais.com  (hereinafter referred to as the “Site”).

The Tourist Office offers a selection of tour, excursion and leisure service provisions. It has also listed tourism or leisure professionals (hereinafter referred to as the “Suppliers”) for which it markets selected tourist products or services.

These general terms and conditions of sale (hereinafter referred to as the “GTCS”) concern orders and/or bookings made and paid for online on the Site by the User (hereinafter the “Services”). Thus, bookings and/or orders for which the Site redirects the User to other partner service providers of the Tourist Office are excluded from the scope of these GTCS, as these services are exclusively provided and managed by and under the liability of the said third-party partner, in application of the third-party partner’s applicable contractual terms and conditions.

Article 2: Definitions – General provisions

In these General Terms and Conditions of Use, the words and conditions hereunder shall bear the following meanings:

Vendor and/or Tourist Office:

The Libournais Inter-communal Tourist Office

Public Commercial and Industrial Establishment,

Registered to the Travel and Tourism Operators Register (ATOUT France) under No.: IM033150004,

With the SIRET No.: 79936168800010

With the following contact details: 42 Place Abel Surchamp, Libourne 33500 (FR), Tel.: +33 (0)5 57 51 15 04

Email: bienvenue@tourisme-libournais.com

and which offers the Services described in these Terms and Conditions.

Services and/or Service Provisions: all services that can be accessed by Users on the Site, namely:

  • Travel service, namely concerning transport, accommodation, and car rental.
  • Travel package, which is the combination of at least two (2) different services for a trip exceeding 24 hours or including an overnight stay if these services are connected by one single professional as part of a singular agreement; or purchased in a single point of sale and selected prior to the traveller having accepted to pay; or offered, sold or billed at an all-inclusive price or at a total price; or sold under the name of a “package” (or a similar name);  or combined after the conclusion of an agreement through which a professional authorises the traveller to choose from a selection of various types of travel service; or purchased from different professionals during associated online bookings (dynamic packages or “one-click”).
  • Associated travel service provision is a combination of at least two (2) different services purchased for a trip of at least 24-hours or an overnight stay. It does not constitute a package and includes separate agreements with individual service Suppliers.

Website: Tourist Office website hosted at the address https://www.tourisme-libournais.com

and enabling subscription to the Services described in these Terms and Conditions.

Content: all messages, comments and notes generated by a User on the Tourist Office site.

Customer and/or User: person using the Services offered by the Tourist Office on its site.

Supplier: service provider listed by the Tourist Office and offering a service provision for a User.

These General Terms and Conditions of Sale (GTCS) are applicable to all sales of Service Provisions made via the Tourist Office’s website. The Vendor reserves the ability to amend these terms and conditions at any time by publishing a new version on its website. The applicable GTCS are thus those in effect on the date of order payment (or the date of the first payment in the event of multiple payments).

The Customer declares to have read and understood all of these General Terms and Conditions of Sale, and declares to accept them without limitation or reservation. The Customer acknowledges that they have received the necessary advice and information in order to ensure that the offer is suited to their requirements. They declare to be able to legally enter an agreement by virtue of French laws, or to validly represent the natural or legal person which they are acting on behalf of. Unless contradictory evidence is provided, the information recorded by the Tourist Office constitutes proof of all transactions.

Article 3: Customer information

Customers acknowledge that they have received all essential information regarding the Service prior to concluding the agreement.
Customers shall receive, by email, order confirmation, and a phone number or other contact details for a point of contact, enabling them to reach the Tourist Office or the relevant Suppliers:

The Libournais Inter-communal Tourist Office    42 place Abel Surchamp, Libourne 33500 (FR)

Tel.: +33 (0)5 57 51 15 04     bienvenue@tourisme-libournais.com

Customers are obliged to report any non-compliance that they may observe during the fulfilment of the service provision within ten (10) days.

Customers may transfer their travel service to another person up to 72 hours before the beginning of the service provision. To do this, they must inform the service provider at the address indicated on their ticket.

The Tourist Office has taken out a financial guarantee with Atradius Credito y Caution, 159 rue Anatole France  CS 50118 92596 LEVALLOIS PERRET CEDEX (FR). Tel. +33 (0)1 41 05 84 84

The Tourist Office has also taken out professional civil liability insurance with

MMA IARD – Le Mans (FR)    Policy No.: 140 474 135

 Article 4: Products and services

4.1. Features

The products and service provisions offered with the sales presented on the Site each have a description drafted by the Supplier, stating their essential features, in compliance with the terms set out in Article L. 111-1 of the French Consumer Code. The photographs illustrating the products are not contractually binding. The conditions of participation for each of the service provisions offered by the Tourist Office are detailed on the website and have contractual value, particularly in regard to the presence of children, which may require adapted modes of transport.

4.2. Compliance

The products and services comply with the applicable prescriptions relating to health and safety, fair trading, and consumer protection at the time of their release to market. They comply with the applicable prescription of French law at the time of their release to the market.

 Article 5: Prices, fees and commissions

The prices for the services offered through the website are provided in euros, including VAT, and are clearly defined on the product description pages as well as on the product order page, and excluding any expedition-specific fees.

The following fees are associated with transactions:

. payment gateway fee for online payment at 1.5%,

. online booking fee at 0.2 %,

. ticket fee of 10 cents (Euro) per ticket sold

The total to be paid by the Customer is indicated on the order confirmation page, with the reference “order confirmation”. The product’s price of sale is the price applicable on the day of order placement. In the event of pricing promotions, the Tourist Office undertakes to apply the promotional price to all orders placed within the duration of the promotion.

The Tourist Office reserves the right to amend its prices at any time, whilst guaranteeing for the Customer that the applicable price on the day of order placement is applied.

Article 6: Conclusion of the online agreement

The Customer must follow a series of specific steps in order to complete the placement of their order on the Site, namely:

Step 1: selection by the User of the desired Service Provision after having familiarised themselves with the essential features of these Service Provisions, as featured on the Site;

On this occasion, the Customer will be required to select the acquired Service Provision. They will be provided with pre-agreement information form, namely:

Appendix 1:

Section A: Information form for package trips concluded online

Section C: Information form for packages concluded via “Click-through”

Section D: Information form for travel services (other than transport only) which are not included in a package

Appendix 2:

Section B: Information form for associated travel service provisions when the service provisions are purchased during a single visit on the website of the service professional selling a service and facilitating the sale of a second service from one of its partners.

Section E: Information form for associated travel service provisions constituted within the 24 hours following the purchase of the initial service provision

Step 2: completion of the obligatory fields in the order or booking forms featured on the Site (failing this, the User’s order or booking request cannot be processed by the Tourist Office) and provisional validation of the information entered;

Step 3: confirmation by the User of the information included on the summary displayed on the Site, confirming the Service Provision selected, the total price of the Service Provision, and the price to be paid to the Tourist Office and the information entered by the User, the latter still being able at this stage to identify any mistakes and to correct them, following the procedures cited on the Site, or to amend their order or booking as they please, or to simply abandon the whole order or booking;

Step 4: unreserved acceptance of these GTCS and acknowledgement of the provision of pre-contractual information;

Step 5: final confirmation by the User of their order or booking request on the Site after entering and validating the information regarding the online payment method selected by the User for the purpose of paying the price due to the Tourist Office by virtue of the GTCS.

The Tourist Office will send an email confirmation for the order or booking made by the Customer on the site within a reasonable time prior to the beginning of the ordered or booked Service Provisions, and at the latest within 72 hours of reception of the order or the booking by the Supplier.

For the purposes of ensuring the full and proper fulfilment of the order, and in compliance with Article 1316-1 of the French Civil Code, the Customer undertakes to provide their authentic identification elements. The Tourist Office reserves the option to decline the order, for example for any abnormal request, or any request made in bad faith, or for any other legitimate reason.

Article 7: Provision of the service by the Tourist Office

The essential features of the service provision, and their respective prices, are provided to the Customer on the Tourist Office’s website. The Customer confirms that they have received details regarding the delivery costs, as well as the payment methods, shipping methods, and the agreement fulfilment methods. The Tourist Office undertakes to honour the Customer’s order, solely as long as stocks last. Failing product availability, the Tourist Office shall notify the Customer. This contractual information is presented in detail and in the French language. In compliance with French law, it is summarised and confirmed during the order validation stage.

In compliance with legal provisions regarding compliance and hidden faults, the Tourist Office shall refund or exchange any products which are faulty or which do not correspond to the order. Refunds may be requested by directly contacting the email address stated on the e-ticket within 10 days of fulfilment of the service provision. Failing this, no claim may be submitted to the Tourist Office.

The Tourist Office offers customers the option to purchase and book various service provisions, subject to the conditions defined hereunder.

7.1 Service requests

(a) Rules applicable to general orders

The Tourist Office undertakes to process service requests submitted by the Customer as soon as possible, and within 72 hours of its submission at the latest.

These requests shall be passed onto the Suppliers via the Tourist Office.

(b) Order confirmation by the Tourist Office

An order is registered on the website when the Customer validates their order. The Customer has the option to check the details of their order and its total price, and to correct any potential mistakes before confirming their acceptance (Article 1127-2 of the French Civil Code). This validation infers the comprehensive acceptance of these General Terms and Conditions of Sale, and constitutes proof of the sale agreement.

It is therefore the Customer’s responsibility to check the accuracy of the order and to immediately report any mistakes.

This confirmation shall namely include:

  • the registered order number;
  • the nature of the product or service ordered;
  • the quantity of the product or service ordered;
  • the unit price of the product or service ordered, excluding VAT and including VAT;
  • the dates and locations of fulfilment for the service provision.

(c) Order acceptance

These orders shall only be finalised once the Tourist Office has received payment, or when the deposit payment or total price of the service provision has been completed, as relevant.

(d) Supplier stock shortages or service unavailability

Any order is subject to the supplier(s)’s stock or service availability.

The Tourist Office may not be held liable for any impediment associated with stock shortages for the product(s) ordered or unavailability of the service(s) ordered, or for any changes to the delivery times provided to the Customer by the Tourist Office.

The Tourist Office undertakes to implement all means available to it to offer alternative solutions. These solutions may be implemented subject to the Customer’s approval, provided in writing.

In the scenario whereby no alternative solution is found or approved by the Customer, the order shall then be cancelled without compensation of any kind, excluding the Customer’s recourse directly against the Supplier.

7.2 Payment for the Services ordered

(a) Products and services will be invoiced based on the tariffs specifically indicating, in Euros and inclusive of VAT, upon confirmation of the order by the Tourist Office.

(b) The Customer shall settle the payment for the service provision via the online payment service provided on the Site.

7.3 Delivery of service provisions

The provision conditions of the product or service ordered shall be determined in the written confirmation that will be sent to the Customer by the Tourist Office, and shall comply with the procedures defined by the supplier.

Despite all efforts made to ensure the strict compliance with the time frames provided, the Tourist Office may not be hold liable for any damages or prejudices caused by a delay to the delivery of a product or service.

Failure to respect the approved delivery times may not give rise to any kind of compensation being paid by the Tourist Office.

Article 8: Liability of the Tourist Office

Within the limits of the applicable legislation, if the Tourist Office is held liable in regard to a Customer by the competent jurisdiction, the total claim may not exceed the total effectively paid by the Customer for the purchased service provisions.

The Tourist Office may not be held liable, particularly in the following cases:

8.1 Due to the Site’s Content

Excluding the case whereby the Tourist Office has been duly informed of the existence of Illicit Content, under the terms of the applicable legislation, and whereby it has not acted promptly to withdraw the offending content, the Tourist Office may not be held liable for the Content, actions, or lack of actions of Customers, nor of the service provisions that the latter request.

8.2 Due to disputes arising during Service fulfilment

The Tourist Office does not intervene in the Services fulfilled between the Customers benefiting from the services and the Suppliers providing the said services.

Services are concluded directly between the benefiting Customer and the Supplier.

The Tourist Office reminds Customers of the stipulations of the French Civil Code applicable to these services:

 ” Article 1710

The lease of work is an agreement by which one of the parties undertakes to do something for the other party, in exchange for payment of a price agreed upon by the parties.

Article 1780

Services may only be engaged for certain time frames, or for a determined company.

The lease of service, completed without a determined term, may be transferred by instigation of either one of the contracting parties.

Nevertheless, the termination of the agreement instigated by only one of the contracting parties may give rise to monetary damages.

To define the compensation to be allocated, if necessary, the uses and nature of the services engaged, the lapsed time, any price reductions, and the payments made with a view to a retirement pension and, in general, any circumstances which may evidence the existence and determine the scope of the prejudice caused are all taken into account.

The parties may not waive in advance any right to request monetary damages by virtues of the aforementioned provisions.

Any appeals which may be raised following the application of the previous paragraphs, when brought before the civil courts and before the courts of appeal, shall be investigated as summary matters and shall be tried urgently. »

The Tourist Office cannot guarantee that only the Supplier will fulfil the service provision.

Except in regard to packages (and intermediated individual service provisions), the Tourist Office does not carry out any prior inspections regarding the legality, quality and safety of services, or the Suppliers’ capacity to fulfil the said services. Each service provided is solely liable for the service provision that it has sold.

8.3 Due to site access difficulties

The Tourist Office does not provide a guarantee for continuous and secure access to its Services, insofar as the correct and proper functioning of the Site may be affected by several factors which are out of the Tourist Office’s control. Consequently, within the limits of the applicable legislation, the Tourist Office dismisses all guarantees, terms and conditions or other provisions, and may not be held liable for loss of finances or reputation, or for specific damages, indirectly or directly caused by or associated with the use of its websites and Services.

Article 9: Payment

Payment is due immediately upon order placement. The Customer may settle the payment by bank card. Carts issued by banks domiciled outside of France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is completed by our payment service provider. Information communicated is encoded, as per industry rules, and may not be read during their transportation across the network.

In compliance with the French Monetary and Financial Code, the commitment to make payment by card cannot be withdrawn. By communicating their bank information during the sale process, the Customer authorises the vendor to debit the total, corresponding to the price indicated, from their card. The Customer confirms that they are the legal holder of the card to be debited, and that they are using it lawfully. In the event of any errors, on in the event of it being impossible to debit the card, the sale is immediately and lawfully dissolved, and the order is cancelled.

Article 10: Absence of withdrawal period

In compliance with Article L. 221-28-12e of the French Consumer Code, the right to withdraw may only be exercised for “service provisions for accommodation, excluding residential accommodation, the transport of goods, car rental, food services or leisure activities which must be provided on a specific date or during a specific period that has been pre-determined”.

Article 11: Cancellation and refunds

Cancellations by the Tourist Office shall give rise to the Customer being refunded for the total of the transaction, with no penalty charges.

In the event of the order being cancelled by the Customer, the latter may obtain a refund for the transaction, deducted by the fees stipulated in Article 5.

Cancellation and refund requests must be communicated by email, solely to the address indicated on the ticket (contact section). No refund may be issued at the Tourist Office counter.

However, no refund request may be accepted by the vendor 72 hours (or less) prior to fulfilment of the service provision. 

Finally, in the event of sudden on-set of disaster or conflicts, the Customer may terminate, without penalty charges, their trip prior to departure.

Article 12: Intellectual property rights

The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights remain the exclusive property of the Tourist Office, the vendor. No intellectual property rights are transferred by these GTCS. Any reproduction, in whole or in part, amendment or use of this property, for any reason, is strictly prohibited.

Article 13: Exceptional and inevitable circumstances

The fulfilment of the Tourist Office’s obligations, as stipulated by these terms and conditions, is suspended in the event of exceptional and inevitable circumstances which impede the fulfilment. It shall inform the customer of such an event occurring as soon as possible.

Article 14: Nullity and amendment of the agreement

Should one the of the stipulations of this agreement by cancelled, that nullity shall not consequently infer the nullity of other stipulations which remain applicable between the parties. Any contractual amendment is only valid following the establishment of a written agreement, signed by the parties.

Article 15: Personal data protection

In compliance with the Data Protection and Civil Liberties Law of 6 January 1978, the Customer has the rights to question, access, amend, oppose and rectify any of their personal data. In adhesion to these general terms and conditions of sale, the Customer consents to the Tourist Office collecting and using data for the fulfilment of this agreement. By entering their email address on the Site, the Customer consents to receiving emails containing information and promotional offers regarding the products offered and curated by the Tourist Office. The Customer can unsubscribe from these emails at any time by emailing the following address: bienvenue@tourisme-libournais.com. This information is stored for three (3) years.

Article 16: Pre-contractual information Member acceptance

The Customer acknowledges that, prior to placing their order and concluding the agreement, these General Terms and Conditions of Sale and all information listed in Article 221-5 of the French Consumer Code have been communicated to them clearly and comprehensibly, as well as the following information:

–              the essential features of the Services, taking into account the communication media used and the concerned Service;

–              the pricing of the Services and any associated fees (e.g. delivery);

–              in the absence of immediate fulfilment of the agreement, the date or time frame which the Supplier commits to for the provision of the Service(s) ordered;

–              information relating to the Supplier’s identity, their postal, telephone and email contact details, and their activities, within the relevant context,

–              information relating to the legal and contractual guarantees and their implementation methods;

–              the features of the digital content and, if necessary, its interoperability;

–              the option to use conventional mediation in the event of dispute;

–              information relating termination procedures and other significant contractual conditions.

–              the payment methods accepted.

The ability for a natural (or legal) person to place an order on the Tourist Office’s website infers adhesion and comprehensive acceptance of these General Terms and Conditions of Sale and the obligation of payment for the Services ordered, which is explicitly acknowledged by the Customer, who waives, in particular, claiming any contradictory documents, which would be non-binding for the Tourist Office.

Article 17: Mediation

These provisions apply exclusively to Special Members.

In the event of dispute regarding these General Terms and Conditions, the Customer has the option to freely call upon the services of a consumer mediator, in compliance with Articles L612-1 of the French Consumer Code.

Prior to bringing the dispute before the competent courts, the Customer may call upon travel and tourism mediation services (https://www.mtv.travel) after having communicating their claim to the Tourist Office without response for two months, or in the event of a negative response. Travel and Tourism Mediation aims to facilitate the amicable settlement of outstanding disputes between consumers and travel and leisure service providers that have signed the Travel and Tourism Mediation Charter.

The Travel and Tourism Mediator is tasked with reconciling points of view to facilitate an amicable solution and hence avoid the involvement of the courts.

The User also has the option to submit a complaint via the online dispute settlement platform (referred to as the “ODS” platform) which can be accessed via the link below:

https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR

In the case of failure to appoint a mediator, or failure of the mediation itself, the most diligent party may bring the dispute before the competent court, in line with the stipulations of the “Applicable law” article below.

Article 18 : Applicable law

All clauses comprising these general terms and conditions of sale, as well as all purchasing and sale operations referred to herein, shall be subject to French law.

Article 19: Mandatory notices – French Tourism Code

Article R211-3 Any offer and any sale of the service provisions stipulated in Article L. 211-1 give rise to the provision of appropriate documents which comply with the guidelines defined by this section.

Article R211-3-1 The exchange of pre-contractual information or the provision of contractual provisions shall be effected in writing. They may be effected electronically. The name or company name and address of the organiser or retailer shall be provided, as well as their registration number on the register referred to in Article L. 141-3 or, failing this, the name, address and registration number for the federation or union referred to in the second sub-paragraph of Article R. 211-2.

Article R211-4 Prior to the conclusion of the agreement, the organiser or retailer must provide the traveller with the following information: 1) The main features of the travel services:


  1. a) The destination(s), the itinerary and the periods of any trips, with dates and, when accommodation is included, the number of nights included;
    b) The means, features and categories of transport, the places, dates and times of departure and return travel, the duration and place of stops and connecting travel. If the exact time is yet to be set, the organiser or retailer shall inform the traveller of the approximate time of departure and return;
    c) The location, the main features and, if applicable, the tourism category of the accommodation, by means of the laws and regulations of the destination country;
    d) The meals provided;
    e) The tours, excursions or other services included in the total price convened for the agreement;
    f) When relevant, if the travel services are to be provided to the traveller as a member of a group and, in this case, if possible, the approximate size of the group;
    g) If the use and/or enjoyment of other tourism services provided to the travel is subject to efficient verbal communication, the language in which these services will be provided;
  2. h) Information of the fact of knowing whether the trip or holiday is, generally, suitable for individuals with reduced mobility and, upon the traveller’s request, specific information on the appropriateness of the trip or holiday in relation to the traveller’s requirements;

2) The company name and geographic address of the organiser and retailer, as well as their phone details and, if applicable, email addresses;

3) The total price including VAT and any other taxes and, if applicable, any fees, duties or other additional costs or, when the former figures cannot be reasonable calculated prior to concluding the agreement, and indication of the type of additional costs that the traveller may yet have to cover;


4) The payment methods, including the total or the percentage of the price to be paid as a deposit, and the payment schedule for the remaining balance, or the financial guarantees to be paid or provided by the traveller;


5) The minimum number of people required for the fulfilment of the trip or stay and the deadline as referred to in section III of Article L. 211-14 prior to the beginning of the trip or stay for the potential dissolution of the agreement in the case whereby this number is not achieved;


6) General information concerning the applicable conditions in regard to passports and visas, including the approximate time required to obtain visas, as well as information regarding the health formalities, for the destination country

7) A note indicating that the traveller may terminate the agreement at any time prior to the beginning of the trip or stay, via the payment of the appropriate cancellation fees or, if applicable, standard cancellation fees claimed by the organiser or retailer, in compliance with Article L. 211-14;

8) Information on the mandatory or optional insurance covering the fees for agreement cancellation by the traveller or for the cost of assistance, covering repatriation, in the event of an accident, illness or death.


In regard to the packages defined in line e of 2) of subsection A of section II of Article L. 211-2, the organiser or retailer and the professional to which data is transmitted must ensure that they each provide, prior to the traveller being bound by an agreement, the information set out by this article, insofar as this information is relevant to the travel services they are offering.


The form by which the information set out in this article is communicated to the traveller is defined by law and approved by the French Minister for Tourism, and the French Minister for the Economy and Finances. This law specifies the minimum information to be provided to the traveller when the agreement is concluded over telephone.

Article R211-5 Information cited in 1), 2), 3), 4), 5) and 7) of Article R. 211-4 communicated to the traveller is part of he agreement and may only be amended under the conditions set out in Article L. 211-9.

Article R211-6 The agreement must comprise, in addition to the information defined in Article R. 211-4, the following information:

1) The travellers special requirements, which the organiser and retailer have accepted;

2) A note indicating that the organiser and the retailer are liable for the correct and proper fulfilment of all travel services covered by the agreement, in compliance with Article L. 211-16, and indicating that they are obliged to provide assistance to a traveller should they encounter any difficulties, in compliance with Article L. 211-17-1;


3) The name of the entity responsible for providing solvency protection and their contact details, including its geographic address;


4) The name, address, telephone number, email address and, if necessary, the fax address of the organiser or retailer’s local representative, of a contact point, or of another service through which the traveller may quickly contact the organiser or retailer and communicate with the efficiently, request assistance should the traveller encounter any difficulties, or file a complaint in relation to any non-compliance reported during the fulfilment of the trip or stay;

 

5) A note indicating that the traveller is obliged to report any non-compliance they may observe during the fulfilment of the trip or stay, in compliance with Article L. 211-16;

6) If minors, not accompanied by a parent or another authorised person, are travelling on the grounds of an agreement comprising accommodation, information enabling the establishment of a direct agreement with the minor or the person responsible for the minor in the destination of the minor’s trip or stay;


7) Information on internal processing procedures for complaints and on the extra-judicial dispute settlement processes and, if applicable, on the entity governing the professional, and on the online dispute settlement platform defined by EU Regulation No. 524/2013 of the European Parliament and Council;


8) Information on the traveller’s right to transfer the agreement to another traveller, in compliance with Article L. 211-11.


In regard to the packages defined in line e of 2) of subsection A of section II of Article L. 211-2, the professional to which the data is sent informs the organiser or retailer of the conclusion of the agreement giving rise to the creation of a package. The professional shall provide them with the information necessary for enabling the fulfilment of their obligations as an organiser. Once the organiser or retailer has been informed of the creation of a package, it shall provide the traveller with the information stipulated in 1) to 8), in a durable form.

Article R211-7 The traveller may transfer their agreement to an assignee, who shall meet the same conditions as the original traveller to complete the travel or stay, as long as this agreement has not yet had any effect.

Unless a stipulation more favourable to the transferring party has been established, they are obliged to inform the organiser or retailer of their decision by any means enabling them to obtain an acknowledgement of receipt within a maximum seven days prior to the beginning of the trip. Under no circumstances is this transfer subject to the prior authorisation of the organiser or retailer.

Article R211-8 If the agreement includes an express possibility of price changes, within the limits provided for in Article L. 211-12, it shall provide the specific calculation methods, both in terms of increases and decreases, pricing variations, particularly the total of any relevant transport and tax charges, the currency/currencies which may impact the price of the trip or stay, and the exchange rate for the currency/currencies selected as baselines for the establishment of the price stated in the agreement. In the event of a price reduction, the organiser or retailer has the right to deduct its substantive administrative expenses from the refund due to the traveller. Upon the traveller’s request, the organiser or retailer shall provide evidence for these administrative expenses.

Article R211-9 If, prior to the traveller’s departure, the organiser or retailer are obliged to make an amendment to any one of the agreement’s essential elements, if it cannot satisfy the special requirements referred to in 1) of Article R. 211-6, or in the event of a price increase exceeding 8%, it shall inform the traveller as soon as possible, in a clear, comprehensible and obvious manner, in a durable form:

1) Proposed amendments and, if applicable, their repercussions of the price of the trip or stay;


2) The reasonable time frame within which the traveller must communicate their decision to the organiser or retailer;


3) The consequences of the traveller’s failure to respond within the set time frame;


4) If applicable, the other service provision proposed, as well as its price.


If the amendments to the agreement or substitute service provision lead to a reduction of the quality of the trip or stay, or a decrease in its cost, the traveller is entitled to an appropriate price discount.


If the agreement is dissolved and the traveller does not accept another service provision, the organiser or retailer shall refund all payments made by the traveller or on their behalf as soon as possible, and under all circumstances within a maximum of fourteen (14) days following the dissolution of the agreement, without prejudice to the right to compensation in application of Article L. 211-17.

Article R211-10 The organiser or the retailer shall proceed with the refunds required by virtue of sections II and III of Article L. 211-14 or, by application of section I of Article L. 211-14, shall refund all payments made by the traveller or on their behalf, excluding the relevant cancellation fees. These refunds issued to the traveller are completed as soon as possible and, under all circumstances, within a maximum of fourteen (14) days following the dissolution of the agreement. In the case provided for in section III of Article L. 211-14, additional compensation that the traveller may receive is deducted by a sum equal to the penalty charge that they may have been obliged to pay if the cancellation came into effect at their request on this date.

Article R211-11 The assistance to be provided by the organiser or retailer in application of Article L. 211-17-1 namely consists of:


1) Provide useful information relating to healthcare services, local authorities and consular assistance.
2) To assist the traveller with long-distance communications and with finding other travel service provisions.

The organiser or retailer has the right to invoice a reasonable price for this assistance if this difficulty has been intentionally caused by the traveller or if it has been caused by their negligence. Under no circumstances may the price invoiced exceed the actual costs borne by the organiser or retailer.

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