These conditions of sale are applicable to the organization of the sale of travel, stays and tourist packages within the meaning of Articles L.211-1 and L.211-2 of the Tourism Code. In accordance with Article R.211-12 of the Tourism Code, the provisions of Articles R.211-3 to R.211-11 of the same code are reproduced below:
Subject to the exclusions provided for in the third and fourth paragraphs of Article L.211-7, any offer and sale of travel services or stays shall give rise to the provision of appropriate documents that comply with the rules defined by this section. In the case of the sale of air tickets or tickets for scheduled air travel not accompanied by services related to such travel, the seller shall issue to the purchaser one or more tickets for the entire trip, issued by the carrier or under its responsibility. In the case of transportation on demand, the name and address of the carrier, on whose behalf the tickets are issued, must be stated. Separate billing of the various elements of a single tourist package does not exempt the seller from the obligations imposed on him by the regulatory provisions of this section.
The exchange of pre-contractual information or the provision of contractual terms and conditions shall be made in writing. They may be made by electronic means under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code. The name or company name and address of the seller as well as the indication of its registration in the register provided for in a of Article L. 141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of Article R. 211- 2 shall be mentioned.
Prior to the conclusion of the contract, the seller must communicate to the consumer information on the prices, dates and other constituent elements of the services provided on the occasion of the trip or stay such as:
1° The destination, means, characteristics and categories of transport used;
2° 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;
3° The catering services offered;
4° The description of the itinerary when it is a tour
5° The administrative and health formalities to be completed by nationals or by 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 border crossings, as well as the deadlines for their completion;
6° The visits, excursions and other services included in the package or possibly available at an additional cost;
7° The minimum or maximum size of the group allowing the trip or stay to be carried out as well as, if the carrying out of the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or stay; this date may not be set at less than twenty-one days before departure;
8° The amount or percentage of the price to be paid as a deposit at the conclusion of the contract as well as the schedule for payment of the balance;
9° The terms and conditions for revising prices as provided for in the contract pursuant to article R. 211-8;
10° The cancellation conditions of a contractual nature;
11° The cancellation conditions defined in articles R. 211-9, R. 211-10 and R. 211-11;
12° Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness;
13° When the contract includes air transport services, the information, for each flight segment, provided for in articles R. 211-15 to R. 211-18.
The prior information made to the consumer is binding on the seller, unless in it the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent this modification may occur and on which elements. In any case, the changes made to the prior information must be communicated to the consumer before the conclusion of the contract.
The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. When the contract is concluded by electronic means, articles 1369-1 to 1369-11 of the Civil Code shall apply. The contract must include the following clauses:
1° The name and address of the seller, its guarantor and insurer as well as the name and address of the organizer;
2° The destination or destinations of the trip and, in the case of a split stay, the different periods and their dates;
3° The means, characteristics and categories of transport used, the dates and places of departure and return;
4° The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification under the regulations or customs of the host country;
5° The catering services offered;
6° The itinerary when it is a tour;
7° The visits, excursions or other services included in the total price of the trip or stay;
8° The total price of the services invoiced as well as an indication of any revision of this invoicing pursuant to the provisions of article R. 211-8
9° The indication, if any, of fees or taxes relating to certain services such as landing, disembarkation or embarkation taxes in ports and airports, tourist taxes when they are not included in the price of the service(s) provided;
10° The timetable and terms of payment of the price; the last payment made by the buyer cannot be less than 30% of the price of the trip or stay and must be made upon delivery of the documents allowing the trip or stay to be carried out;
11° The special conditions requested by the buyer and accepted by the seller;
12° The terms and conditions under which the purchaser may submit to the seller a claim for non-performance or improper performance of the contract, a claim that must be addressed as soon as possible, by any means that allows an acknowledgement of receipt to be obtained by the seller, and, where applicable, reported in writing, to the travel organizer and the service provider concerned;
13° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the completion 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;
14° Cancellation conditions of a contractual nature;
15° Cancellation conditions provided for in articles R. 211-9, R. 211-10 and R. 211-11;
16° Details concerning the risks covered and the amount of guarantees under the insurance contract covering the consequences of the seller’s professional civil liability;
17° Indications concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as those concerning the assistance contract covering certain specific risks, in particular the cost of repatriation in the event of an accident or illness ; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;
18° The deadline for informing the seller in the event of transfer of the contract by the buyer;
19° The commitment to provide the buyer, at least ten days before the date scheduled for his departure, with the following information:
a) The name, address and telephone number of the seller’s local representation or, failing that, the names, addresses and telephone numbers of local organizations likely to help the consumer in the event of difficulty or, failing that, the telephone number enabling contact with the seller to be established urgently;
b) For trips and stays of minors abroad, a telephone number and address allowing direct contact with the child or the person in charge of his stay on site;
20° The clause for cancellation and reimbursement without penalties of the sums paid by the buyer in the event of non-compliance with the obligation to provide information provided for in 13° of Article R. 211-4;
21° The commitment to provide the buyer, in due time before the start of the trip or stay, with the departure and arrival times.
The buyer may assign his contract to a transferee who fulfills the same conditions as him to carry out the trip or stay, as long as this contract has not produced any effect. Unless otherwise stipulated, the assignor must inform the seller of his decision by any means allowing for an acknowledgement of receipt at least seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This transfer is not subject, under any circumstances, to prior authorization by the seller.
When 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 of calculation, both upwards and downwards, of price variations, and in particular the amount of transport costs and related taxes, the currency or currencies that may affect the price of the trip or stay, the portion of the price to which the variation applies, the rate of the currency or currencies used as a reference when establishing the price appearing in the contract.
When, before the buyer’s departure, the seller is forced to make a change to one of the essential elements of the contract such as a significant increase in the price and when he disregards the obligation to inform mentioned in 13° of article R. 211-4, the buyer may, without prejudice to any recourse for compensation for damages possibly suffered, and after having been informed by the seller by any means allowing for an acknowledgement of receipt:
-either terminate his contract and obtain without penalty the immediate refund of the sums paid;
-either accept the modification or the substitute trip proposed by the seller; an amendment to the contract specifying the modifications made shall then be signed by the parties; any reduction in price shall be deducted from the sums possibly remaining due by the purchaser and, if the payment already made by the latter exceeds the price of the modified service, the overpayment shall be returned to him before the date of his departure.
In the case provided for in Article L. 211-14, when, before the buyer’s departure, the seller cancels the trip or stay, he must inform the buyer by any means that allows him to obtain an acknowledgement of receipt; the buyer, without prejudice to any recourse for compensation for any damages suffered, shall obtain from the seller the immediate reimbursement of the sums paid without penalty; the buyer shall receive, in this case, an indemnity at least equal to the penalty he would have incurred if the cancellation had been made by him on that date. The provisions of this article shall in no way prevent the conclusion of an amicable agreement having as its object the acceptance, by the purchaser, of a substitute trip or stay proposed by the seller.
When, after the buyer’s departure, the seller is unable to provide a preponderant part of the services provided for in the contract representing a non-negligible percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudice to any recourse for compensation for damages that may have been suffered:
– either offer services in replacement of the services provided for, possibly bearing any additional cost and, if the services accepted by the buyer are of inferior quality, the seller must reimburse the buyer, upon return, for the difference in price;
– or, if he cannot propose any replacement services or if they are refused by the buyer for valid reasons, provide the buyer, without additional charge, with transportation tickets to ensure his return under conditions that may be deemed equivalent to the place of departure or to another place accepted by both parties. The provisions of this article shall apply in the event of failure to comply with the obligation provided for in 13° of article R. 211-4.
The buyer may no longer invoke the benefit of the clause provided for in 20° of article R. 211-6 after the service has been provided.
PARTICULAR SALE CONDITIONS
Devoluy Tourist Office
The Dévoluy Tourist Office is registered, within the framework of the law of July 13, 1992, in the register of Travel and Stay Operators under number IM005110014. As such, it can ensure the reservation and the sale of all types of leisure and reception services in its zone of intervention. It facilitates the approach of the public by offering a choice of many services. The Tourist Office of Dévoluy is a local tourism organization, available to service providers who have signed a marketing agreement with it. The Tourist Office of Dévoluy has taken out an insurance contract with the company MMA IARD, 14 boulevard Marie et Alexandre Oyon, 72 000 Le Mans – FRANCE, guaranteeing its Professional Civil Liability as well as a financial guarantee with COVEA CAUTION, 10 boulevard Marie et Alexandre Oyon, 72 000 Le Mans – FRANCE.
Application of the special conditions of sale
The conditions defined below apply to the booking of tourist packages (accommodation, lodging and activities…). They apply to reservations made by telephone and also to reservations made and paid for “online” on the website: www.ledevoluy.com
It is expressly specified in accordance with the provisions of article 16 of law n° 92-645 of 13 July 1992 that the information appearing in the documents published by the Tourist Office or on the websites www.ledevoluy.com may be subject to certain modifications which will be brought to the attention of the client prior to the signature of the contract, with the exception of those concerning certain services which are only open during certain seasons or may be closed, modified or cancelled without notice for technical or climatic reasons. The photos and descriptions have no contractual character but only informative: the Tourist Office is however careful to provide the customer with the most accurate information.
The Tourist Office of Dévoluy is responsible under the terms of Article L211-16 of the Tourism Code, which states: “Any individual or legal entity that engages in the operations mentioned in Article 1 is automatically responsible to the buyer for the proper performance of the obligations resulting from the contract, whether these obligations are to be performed by itself or by other service providers, without prejudice to its right of recourse against them . However, it may exempt itself from all or part of its responsibility by proving that the non-performance or poor performance of the contract is attributable either to the buyer, or to the unforeseeable and insurmountable act of a third party foreign to the provision of the services provided for in the contract, or to a case of force majeure.”
Reservation and payment
Reservations can be made by telephone with the Tourist Office of Dévoluy (04 92 58 91 91) or on the website: www.ledevoluy.com. The reservation becomes firm when the customer has paid to the OFFICE DE TOURISME DU DEVOLUY a deposit equal to 30% of the total amount of the service, the file fees of 15€ and if necessary, the totality of the cancellation insurance premium. Upon receipt of the deposit, a contract specifying the various services reserved is sent to the client. The payment of the deposit implies the acceptance of the contract and of the present sales conditions. The balance must be sent, without any reminder from us, to L’OFFICE DE TOURISME DU DEVOLUY at the latest 30 days before the beginning of the stay. For a reservation made less than 30 days before the date of the stay, the payment is made in one payment. Upon receipt of the balance, the reservation file will be sent to the customer. The latter has the value of a voucher and allows the client to benefit from the services mentioned in it. For an online reservation, the deposit (or the totality if less than 30 days) is made by credit card (secure online payment) and the balance by check, vacation checks, money order or credit card (by phone). For a reservation by phone, the payments are made by check, vacation check, money order or credit card (by phone). The payments by check must be made out to : OFFICE DE TOURISME DU DEVOLUY. The customer who has not respected these provisions is considered to have cancelled his stay unless previously agreed.
Our prices are established in Euros. All payments must be made in Euros. For each reservation of a tourist package, the reservation center collects 10 € of file fees. These fees are added to the price indicated. Our prices include the amount of the rent and the charges (fixed price for electricity, water and heating) and any service defined at the time of the reservation. Our prices do not include the tourist tax, the deposit and any service not defined at the time of the reservation. All these supplements are to be paid directly to the provider. The prices are ” All Taxes Included ” and include the Value Added Tax at the current rate. Any subsequent modification of the VAT rate in force or any creation of new taxes on the proposed services will automatically lead to a modification of the price including VAT.
The client cannot under any circumstances take advantage of any right to remain in the premises at the end of the rental period.
Arrival / Departure
The client must arrive on the specified day and at the times mentioned on the reservation file or exchange voucher. In case of late or delayed arrival or last minute impediment, the client must directly notify the provider whose address and telephone number are listed on the exchange voucher or reservation file. Failure to respect the schedule may result in the Provider’s inability to provide the service. The services not consumed under this delay will remain due and will not give place to any refunding. The tenant must imperatively return the accommodation clean at his departure. Throughout the service, the customer commits himself to respect the internal rules. If the behavior or the dress of the customers risks to compromise the good progress of the service, the provider will be able to refuse the customer or even to shorten the service without claiming compensation.
The contract is established for a precise number of people. In case this number is different, the Tourist Office or the provider reserves the right to terminate the contract (the amount of the stay remaining acquired to the Tourist Office) or to receive a surcharge. If the number of participants exceeds the available capacity, the provider may refuse additional customers.
A security deposit will be requested by the accommodation provider when the keys are handed over. The amount of this is freely set by each accommodation provider and may vary from one to another.
Pets are accepted in some accommodations most often with the payment of a fee to be paid upon arrival. The customer must contact the accommodation provider directly to ensure that pets are accepted there as well as the conditions of their presence.
Right of withdrawal
In application of article L121-20-4 of the Consumer Code, the right of withdrawal is not applicable to the provision of accommodation, transport, catering, leisure services that must be provided on a date or according to a specific period. Therefore, and in accordance with the legislative provisions, no request for reimbursement can be taken into account once the reservation has been validated.
Any cancellation must be notified by registered letter. The date of receipt of this writing will serve as a reference for the application of the following deductions: – More than 30 days: file fees. – Between 30 and 15 days : 25 % of the service – Between 14 and 3 days : 75 % of the service – 2 days or no show : 100 % of the service The cancellation fees are calculated on the total price of the service. In case of interruption of the service by the client, no refund will be made unless the reason for the interruption is covered by the cancellation insurance from which the client benefits.
Cancellation due to the seller
Within the framework of a so-called packaged stay (stay composed of several services offered by different operators), the Dévoluy Tourist Office may have to modify or cancel a stay or an activity included in a packaged stay in the event of external events beyond its control.
Where applicable, the Dévoluy Tourist Office will propose to the customer a substitute stay or activity. In case of refusal by the customer, the Tourist Office of Dévoluy will establish a credit note in the amount of the total value of the sums already paid if it is a stay, of the total amount of the activity if the cancellation concerns an activity included in a stay.
The Tourist Office of Dévoluy offers a cancellation insurance: 27€ for a tourist package.
An insured person may have to cancel or interrupt a service or stay due to one of the following events:
– An accident, serious illness or death affecting one of the insured persons, his/her spouse, their ascendants or descendants, the seriousness of the accident or illness having to be ascertained by medical authority.
– Material damage affecting the movable or immovable property of one of the insured persons and requiring his urgent and imperative presence in order to carry out the necessary conservatory acts.
The insurer then guarantees to the insured:
– Reimbursement of the costs of cancellations of the trip or vacation rental.
– The part not reimbursed by the trip organizer or the rental company of the days not used as a result of the interruption of the trip or rental.
– The reimbursement of the following expenses previously incurred: lessons or courses, equipment rental, ski lift passes, which could not be used as a result of an insured event
– The reimbursement of the contributions corresponding to the guarantees of this contract, insofar as they are subscribed (excluding the present guarantee).
The client is responsible for all damage occurring through his fault. He is invited to check if he benefits by his personal insurances of an insurance called “holiday”. If not, it is strongly recommended to subscribe one.
Any complaint relating to the non-execution or the bad execution of the contract must be addressed by registered letter with acknowledgement of receipt to the Tourist Office of Dévoluy, within 7 days after the stay. Failing this, no claim will be accepted by the Tourist Office. Any dispute relating to the rental and/or the operation on the spot is to be settled with the service provider. The Tourist Office will have no authority as to mediation between the renter and the accommodation provider for all details not related to the sale of the service.
The personal information provided by the customer, including the number, name and address associated with the credit card, on the Website www.ledevoluy.com allow the processing and execution of his orders and are encrypted to prevent them from being read when transmitted over the Internet thanks to encryption software. The use of the data bases present on the site of sale on line is exclusively intended for the use of the Tourist office of Dévoluy. They could not in any case be the object of a sale or a transfer to a third organization, with the exception of the transfer to the provider(s) of the customer file. The customer has the right to access, modify, rectify and delete data concerning him. To exercise this right, all he has to do is contact the Tourist Office of Dévoluy.