In accordance with Articles L.211-7 and L.211-17 of the Tourism Code, the provisions of Articles R.211-3 to R.211-11 of the Tourism Code, the text of which is reproduced below, are not not applicable for the operations of reservation or sale of tickets that are not part of a tourist package.
In accordance with Article R.211-12 of the French Tourism Code, brochures and travel contracts offered by travel agents to their customers must include in extenso the following general conditions from articles R.211-3 to R. 211-11 of the Tourism Code.
The brochure, the quote, the proposal, the program of the organizer constitute the preliminary information referred to in Article
R.211-5 of the Tourism Code. Therefore, in the absence of any contrary provisions on the front of this document, the characteristics, special conditions and price of the trip as indicated in the brochure, the quote, the proposal of the organizer, will be contractual from the signature of the bulletin d ‘registration.
In the absence of a brochure, estimate, program and proposal, this document constitutes, prior to its signature by the buyer, the prior information, referred to in Article R.211-5 of the Tourism Code. It will lapse for lack of signature within 24 hours from its issue.
In the event of a transfer of contract, the transferor and / or the transferee must first pay the resulting costs. When these costs exceed the amounts displayed in the point of sale and those mentioned in the contract documents, the supporting documents will be provided.
Extract of the Tourism Code
Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer or sale of travel or holiday services shall give rise to the delivery of appropriate documents that comply with the rules defined in this section.
In the case of the sale of air transport tickets or tickets on a regular line not accompanied by services related to such transport, the seller issues to the buyer one or more tickets for the entire journey, issued by the carrier or under his responsibility.
In the case of transportation on demand, 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 the same tourist package does not remove the seller from the obligations that are made to him by the regulatory provisions of this section.
The exchange of pre-contractual information or the provision of contractual conditions is made in writing. They can be done electronically under the conditions of validity and exercise provided for in articles 1369-1 to 1369-11 of the civil code. Mention shall be made of the name or business name and the address of the seller as well as the indication of his registration in the register provided for in Article L. 141-3 or, where appropriate, the name, address and address. indication of the registration of the federation or the union mentioned in the second paragraph of Article R. 211-2.
Prior to the conclusion of the contract, the seller must communicate to the consumer information on prices, dates and other elements of services provided during the trip or stay such as:
- The destination, means, characteristics and categories of transport used;
- The type of accommodation, its location, its level of comfort and its main characteristics, its approval and its tourist classification corresponding to the regulations or customs of the host country ;
- The proposed catering services ;
- The description of the itinerary when it is a circuit;
- The administrative and health formalities to be performed by nationals or nationals of another Member State of the European Union or of a State Party to the Agreement on the European Economic Area in the event, in particular, of crossing borders and their completion times ;
- Visits, excursions and other services included in the package or possibly available for an additional charge;
- The minimum or maximum size of the group allowing the realization of the trip or the stay and, if the realization of the journey or the stay is subordinated to a minimum number of participants, the deadline of information of the consumer in the event of cancellation travel or stay ; this date can not be fixed less than twenty-one days before departure
- The amount or percentage of the price to be paid as an advance payment at the conclusion of the contract and the payment schedule of the balance;
- The terms of revision of prices as provided for in the contract pursuant to Article R. 211-8;
- Conditions of cancellation of a contractual nature;
- The cancellation conditions defined in articles R. 211-9, R. 211-10 and R. 211-11;
- Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or of an assistance contract covering certain particular risks, in particular repatriation costs in the event of an accident or accident. sickness ;
- When the contract includes air transport services, the information, for each section of flight, provided for in Articles R. 211-15 to R. 211-18.
The prior information given to the consumer commits the seller, unless in this the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent these changes may occur and on what s elements.
In any case, changes made to the prior information must be communicated to the consumer before the conclusion of the contract.
The contract between the seller and the buyer must be in writing, in duplicate, one of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, Articles 1369-1 to 1369-11 of the Civil Code apply. The contract must include the following clauses:
- The name and address of the seller, its guarantor and insurer and the name and address of the organizer;
- The destination or destinations of the trip and, in the case of a split stay, the different periods and their dates;
- The means, characteristics and categories of transport used, dates and places of departure and return;
- The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification according to the regulations or customs of the host country;
- The proposed catering services;
- The itinerary when it is a circuit;
- Visits, excursions or other services included in the total price of the trip or stay;
- The total price of the invoiced services as well as the indication of any possible revision of this invoicing under the provisions of the article R. 211-8;
- The indication, if applicable, of the fees or taxes relating to certain services such as landing, landing or embarkation fees at ports and airports, tourist taxes when they are not included in the price of the services provided;
- The schedule and the terms of payment of the prize; the last payment made by the buyer can not be less than 30% of the price of the trip or stay and must be made when handing the documents to make the trip or stay;
- The special conditions requested by the buyer and accepted by the seller;
- The terms according to which the buyer can seize the seller of a claim for non-performance or bad execution of the contract, claim which must be sent as soon as possible, by any means allowing to obtain an acknowledgment of receipt to the seller, and, where appropriate, in writing, to the travel organizer and the service provider concerned;
- The deadline for information of the buyer in case of cancellation of the trip or stay by the seller in the case where the realization of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7 ° of article R. 211-4;
- Conditions of cancellation of a contractual nature;
- The cancellation conditions provided for in Articles R. 211-9, R. 211-10 and R. 211-11;
- Details of the risks covered and the amount of the guarantees under the insurance contract covering the consequences of the seller’s professional liability;
- Information concerning the insurance contract covering the consequences of certain cases of cancellation subscribed by the buyer (policy number and name of the insurer) as well as those concerning the assistance contract covering certain particular risks, in particular repatriation costs in case of accident or illness; in this case, the seller must give the buyer a document specifying at least the risks covered and the risks excluded;
- The deadline for information of the seller in case of assignment of the contract by the buyer;
- The commitment to provide the buyer, at least ten days before the date planned for his departure, the following information:
- a) The name, address and telephone number of the seller’s local representative or, failing that, the names, addresses and telephone numbers of local bodies likely to assist the consumer in the event of difficulty or, failing that, the telephone number for urgent contact with the seller;
- b) For trips and stays of minors abroad, a telephone number and an address allowing to establish a direct contact with the child or the person in charge of his stay;
- The clause of cancellation and refund without penalties of the sums paid by the purchaser in case of non-respect of the obligation of information envisaged in 13 ° of the article R. 211-4 ;
- The commitment to provide the buyer, in good time before the start of the journey or stay, the hours of departure and arrival.
The buyer may assign his contract to an assignee who fulfills the same conditions as him to carry out the journey or the stay, as long as this contract has produced no effect.
Unless stipulated more favorable to the transferor, he must inform the seller of his decision by any means to obtain an acknowledgment of receipt no later than seven days before the start of the trip. When it comes to a cruise, this period is extended to fifteen days. This transfer is under no circumstances subject to prior authorization by the seller.
Where the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it must mention the precise methods for calculating, both upwards and downwards, variations in prices, and in particular the amount of the transport costs and taxes related thereto, the currency or currencies that may affect the price of the trip or stay, the share of the price to which the change applies, the price of the currency or currencies retained as a reference when establishing the price appearing in the contract.
Where, before the departure of the buyer, the seller is obliged to make a modification to one of the essential elements of the contract such as a significant increase in the price and when he fails to comply with the information obligation mentioned in 13 ° of Article R. 211-4, the buyer may, without prejudice to the remedies for damages for possible damage, and after being informed by the seller by any means to obtain an acknowledgment of receipt:
- Either cancel his contract and obtain without penalty the immediate reimbursement of the sums paid;
- Acept the change or the substitute trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums still due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of his departure.
In the case provided for in Article L. 211-14, when, before the departure of the buyer, the seller cancels the trip or stay, he must inform the buyer by any means to obtain an accused of reception; the buyer, without prejudging recourse for compensation for any damage suffered, obtains from the vendor the immediate and without penalty reimbursement of the sums paid; the buyer receives, in this case, an indemnity at least equal to the penalty he would have incurred if the cancellation had taken place at that date.
The provisions of this article do not in any way preclude the conclusion of an amicable agreement for the purpose of acceptance by the buyer of a substitute trip or stay proposed by the seller.
When, after the departure of the buyer, the seller is unable to provide a preponderant part of the services provided for in the contract representing a significant percentage of the price honored by the buyer, the seller must immediately make the following provisions without prejudge remedies for damages for any damage suffered:
- Either offer benefits in lieu of scheduled benefits, possibly bearing any additional price, and if the services accepted by the buyer are of inferior quality, the seller must refund the difference in price upon his return;
- Or, if he can not offer replacement services or if they are refused by the buyer for valid reasons, provide the buyer, at no extra cost, with tickets to ensure his return to conditions which may be deemed equivalent to the place of departure or to another place accepted by both parties.
The provisions of this article are applicable in case of non-compliance with the obligation provided for in 13 ° of Article R. 211-4.
Form standard information for package travel contracts when the use of hyperlinks can
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 Tourism Code.
You will therefore benefit from all the rights granted by the European Union applicable to the packages, as transposed in the tourism code. The company ETE EVASION will be entirely responsible for the good execution of the package as a whole.
In addition, as required by law, the company ETE EVASION has protection to refund your payments and, if the transportation is included in the package, to ensure your repatriation in case it becomes insolvent.
For more information on essential rights under Directive (EU) 2015/2302
By clicking on the hyperlink, the traveler will receive the following information:
Essential rights under Directive (EU) 2015/2302 transposed into the Tourism Code:
Travelers will receive all essential information about the package before concluding the package travel contract.
The organizer and the retailer are responsible for the proper performance of all travel services included in the contract.
Travelers receive an emergency phone number or contact details for contact with the organizer or retailer.
Travelers may transfer their package to another person on reasonable notice and possibly subject to additional charges.
The price of the package can only be increased if specific costs increase (for example, fuel prices) and if this possibility is explicitly foreseen in the contract, and can not be modified in any case less than twenty days before the start the package. If the price increase exceeds 8% of the price of the package, the traveler can resolve the contract. If the organizer reserves the right to increase the price, the traveler is entitled to a price reduction if the corresponding costs are reduced.
Travelers may terminate the contract without paying a resolution fee and be fully reimbursed for any payments made if any of the essential elements of the package, other than the price, undergo a significant change. If, before the start of the package, the professional responsible for the package cancels it, travelers have the right to obtain the refund and compensation, if any.
Travelers can resolve the contract without paying a resolution fee before the start of the plan in exceptional circumstances, for example if there are serious security issues at the destination that are likely to affect the package.
In addition, travelers may, at any time before the start of the package, terminate the contract by paying appropriate and justifiable resolution fees.
If, after the start of the package, important elements of it can not be provided as planned, other appropriate services must be offered to travelers at no extra charge. Travelers can resolve the contract without paying a resolution fee when the services are not performed in accordance with the contract, it significantly disrupts the execution of the package and the organizer does not solve the problem.
Travelers are also entitled to a price reduction and / or compensation in case of non-performance or poor performance of the travel services.
The organizer or retailer must provide help if the traveler is in trouble.
If the organizer or retailer becomes insolvent, the amounts paid will be refunded. If the organizer or the retailer becomes insolvent after the start of the package and if the transportation is included in the package, the repatriation of travelers is guaranteed. SUMMER ESCAPE has purchased protection against insolvency with of ATTRADIUS . Travelers may contact this entity if services are denied to them due to the insolvency of ETE EVASION .
Directive (EU) 2015/2302 transposed into national law https://www.legifrance.gouv.fr/