GENERAL CONDITIONS OF SALE FOR THE WEBSITE WWW.PARISINFO.COM
Article 1. Scope of the General Conditions of Sale (GCS)
The Paris Convention and Visitors Bureau, hereinafter ‘The PCVB’, is an Association governed by the law of 1 July 1901 and whose activity is to provide tourist information and services. The PCVB is registered on the ‘Registre des Opérateurs de Voyages et de Séjours’ [French register of tour and holiday operators] under the number IM075120115. The PCVB has taken out a financial guarantee with APST - 15 Avenue Carnot, 75017 Paris Cedex, France, as well as an insurance under the conditions laid down in the ‘Code du tourisme’, with MMA IARD - 14 Boulevard Marie Et Alexandre Oyon, 72030 Le Mans, France. The full address and contact details for the PCVB are available on its website and can be found below:
Head office: 25 rue des Pyramides, 75001 Paris – France.
Telephone: 01 49 52 42 63
The Website www.parisinfo.com produced by the PCVB, (hereinafter the ‘Site’) comprises of different spaces such as information spaces available to any visitors to the Site, spaces reserved for its members and free or paying spaces on which notably the PCVB offers a ticketing service for tourist services (excursions, cruises, outings, admission tickets for some museums or amusement parks, packages including admission tickets and tickets for transport, a reductions booklet, etc.) and an online booking service notably for accommodation and restaurants.
These general conditions of sale (‘GCS’) only concern orders and/or bookings made and paid for in full or part online on the Site by the User in the context of the use of online ticketing and booking services (‘Services’). Therefore, bookings and/or orders for which the Site refers the User to the PCVB's partner service providers, such as the partner Fastbooking for certain hotel or residential hotel booking services, are excluded from the scope of these applicable GCS since these services are exclusively supplied and managed by and under the responsibility of the aforementioned third party partner, in accordance with this third party partner’s applicable contractual terms. The restaurant booking service is also excluded from the scope of the present GCS.
For Dated Tickets:
The User is also hereby informed and recognizes that the Services ordered or booked via the Site are susceptible to be subject to the general or specific conditions of Partner service providers for Services ordered or booked, in addition to these GCS. It is up to the User to become acquainted with these additional contractual conditions before making any purchase or booking on the Site.
Article 2. Definitions
The terms used with a capital letter in these GCS will have the meaning given after, whether they be used in the singular or in the plural.
Among the Services provided on the Site, ‘Dated Ticket’ denotes those that offer the User the opportunity to book Services including tickets for events, shows or other forms of entertainment that have the specificity of only being valid for the precise date shown on the ticket. A Dated Ticket may be delivered to the User in a dematerialized way, in the form of an e-ticket (or electronic ticket) addressed to the User by email or downloadable from the Site, and which it is the User’s responsibility to print off.
‘Force Majeure’ denotes an event such as a natural catastrophe or a major political event (war, …), that turns out to be, with regard to these circumstances, unforeseeable, overwhelming and external and which is therefore considered as such by a Cour de Casassation judgement as constituting a case of force majeure.
‘Partner’ denotes the provider(s) of Goods.
‘Goods’ denotes any provision of goods, such as accommodation, transport, leisure or tours, provided by a Partner that may be ordered or booked on the Site of the PCVB. The characteristics and content of the Goods are determined by the Provider of such Goods and are presented on the Site.
‘Service’ denotes the ticketing service and/or the hotel booking service offered by the PCVB on its Site enabling the online purchase or booking of Goods. The characteristics and functionalities of these Services are described in more detail on the Site, notably in the section ‘FAQ’ which offers help in using these Services.
‘User’ denotes any User of the Site who books, orders and/or buys Goods offered on the Site.
Article 3. Ordering or booking on the Site www.parisinfo.com
3.1 Conditions for the use of Services
Any order or booking made and paid for via the Site implies the full and prior acceptance by the User of these GCS by ticking the box provided for this purpose and, where required, the acceptance of the contractual conditions of the Partner supplying the Goods concerned. Without this acceptance, the continuation of the order or booking process is technically impossible. The characteristics of the Goods that can be ordered or booked on the Site feature on the Site. The photos shown on the Site are however non-contractual. By ordering or booking Goods on the Site, the User implicitly acknowledges having obtained all the information they want on the nature and characteristics of these Goods.
The User must be at least 18 years old and be legally able to enter into a contract and use this Site in accordance with the GCS in force on the date of validation of their order or booking. The User attests to the veracity and accuracy of all the information that they communicate to the PCVB in the use of the Services, and thereby guarantees the PCVB against any action or claim by a third party as to an unlawful or fraudulent use of their data by a User in the use of the Services.
3.2 Procedure for formalizing a contract online applicable to all Services
3.2.1 These GCS are provided in French and in foreign languages (English, Spanish and German). They are available to consult at any time from any Internet page of the Site.
3.2.2 The User may keep the GCS by saving or editing them, by using the standard functionalities of their web browser or their computer. This saving of them is their sole responsibility. For its part, the PCVB archives contracts made on the Site where their value is greater than 120 euros. The User can ask the PCVB for access to the archives of its contracts by sending a registered letter to the PCVB, 25 rue des Pyramides, 75001 Paris; this letter must be accompanied by all the elements that prove that the User is indeed the person that entered into the contract requested from the archives and a copy of their proof of identity.
3.2.3 The procedure for making an online order or booking on the Site by the User involves double clicking and includes, regardless of the Service, the following steps:
- Step 1: the selection by the User of the Goods required after having become acquainted with the essential characteristics of these Goods as they appear on the Site, and, for orders made via the ticketing service, the delivery mode required;
- Step 2: completion of required fields on order forms or booking forms on the Site (otherwise, the order or booking request of the User will not be processed by the PCVB) and provisional validation of the information entered;
- Step 3: confirmation by the User of the information on the summary shown on the Site recalling the Goods selected, the total price of the Goods and the price owed to the PCVB, and the information entered by the User, who may still at this stage identify any mistake and correct it according to the terms and conditions on the Site, or change their order or booking for convenience or simply abandon it;
- Step 4: unconditional acceptance of these GCS and, where appropriate, the contractual conditions of the Partners;
- Step 5: final confirmation by the User of their order or booking request on the Site after entering and validating the information relative to the means of online payment selected by the User to pay the amount owed to the PCVB under the GCS.
3.2.4 The contract entered into online by the User with the PCVB becomes firm and definite and the PCVB is obliged to provide the Service, when the User (i) has proceeded to the final validation stage of the information entered and the Goods selected, (ii) has unreservedly accepted the GCS and, where applicable, the contractual conditions of the Partners and (iii) has proceeded to pay in full the price of the Goods directly to the PCVB in accordance with Article 6 below (and this payment has been received in full by the PCVB in accordance with Article 6.1.3). However, where the contract relates only to the booking of accommodation, the contract is then concluded under the condition precedent of confirmation of the availability wanted in accordance with Article 5 below.
3.2.5 The PCVB will send an email to confirm the order in good time before the start of the Goods ordered or booked and at the latest, within seventy-two (72) hours of receipt of the order or booking by the User. This confirmation email is sent to the email address that the User entered on the order or booking form and resumes, by the sending of these GCS and specific conditions relating to the order or booking made, the contractual information required under Article L.121-19 of the Consumer Code, such as (the) Goods ordered and the identification of the supplier Partner, the price paid to the PCVB and, where applicable, the balance remaining to be paid by the User to the Partner, the delivery charges, and the address to which the User can submit any complaints.
3.2.6 It is up to the User to print this confirmation email on their printer and which they must present to the Partner to benefit from the Goods ordered or booked. The User is therefore required to check beforehand that he is able to print the confirmation email. On no account can a bank statement alone serve as proof of the booking or order.
3.3 Modification or cancellation of an order or booking
3.3.1 The User is strongly informed of the importance of checking the accuracy of the information entered and correcting it where necessary, according to the modalities offered on the Site in the contract procedure described in Article 3.2, before any final confirmation. Any order or booking made on the Site cannot be changed online later.
3.3.2 The User can however, solely in those instances and under the conditions defined in Article 4 and Article 5 of these GCS, or in the event of Force Majeure, change or cancel an order or booking made on the Site.
3.4 Absence of the right of withdrawal
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the User is informed that he has no right of withdrawal where Goods - ‘accommodation, transport, restaurant, leisure’ - are booked or ordered at a distance, whether they be booked or ordered on the Site together in the form of a tourist package or separately, for a date or for a specific period.
Article 4. Conditions specific to the ticketing Service
4.1 Ordering procedure
The PCVB offers a ticketing service on the Site for tourist services such as excursions, cruises, outings, admission tickets for some museums or amusement parks, packages including admission tickets and transport tickets, reductions booklet, etc.
The tickets that can be ordered on the Site are generally subject to a defined period of validity or, for some, can be bought for a specific date, as mentioned on the Site. By giving the final confirmation for their order on the Site, the User acknowledges that they are fully aware of the date or period of validity applicable to their order. Any ticket not used on the scheduled date or within the period of validity stipulated shall not be refunded.
4.2 Ordering and modification of Dated Tickets
Where the User orders a Dated Ticket on the Site, the dates of the event as well as the proposed time slots are provided as an indication only to the User and are subject to availability from the Partner. Where the User books a Dated Ticket, the date and the time slot of the Dated Ticket selected by the User are only confirmed and definitive on reception by the User of the e-ticket of the Dated Ticket ordered. The order of the Dated Ticket only becomes definitive on reception of this e-ticket.
As a result of this, the PCVB reserves the right to change the date and/or the time slot of the Dated Ticket booked by the User, within a period of forty-eight (48) hours of the booking of the Dated Ticket on the Site. Within this period, the PCVB will inform the User of the unavailability of the date and/or the time slot booked and will offer them the date and/or time slot closest to the one originally booked. If the new option proposed to the User is not acceptable to them, they can either choose a new date / and or time slot, or request a refund for the Dated Ticket.
4.3 Delivery procedure
Once the contract has been finally concluded online in accordance with Article 3.2.4 above, the PCVB proceeds to deliver the order to the delivery address using the delivery method chosen by the User when placing their order on the Site. The various delivery methods, places, countries, and estimated deadlines offered by the PCVB are set out on the Site, as are the delivery costs. The order may also be collected by the User from the PCVB's main office at the address and according to the terms on the Site, on presentation of the order confirmation email mentioned in Article 3.2 of the GCS (or failing that, on presentation of a piece of identity in the name of the person who made the booking). With regard to Dated Tickets, the order can also be delivered in the form of an e-ticket.
Where the User chooses to pick up their order from the main office of the PCVB, they have a period of two (2) months counting from the date of delivery to the PCVB, in which to retrieve their order. After this time, it will no longer be possible to pick it up and the User will not be entitled to any refund for it.
In the event of distance delivery, orders made and paid for on the Site are dispatched the day after the payment made online has been validated in accordance with Article 6.1.3. Orders for which payment has been validated on a Friday or during the weekend are dispatched on the following Monday.
The PCVB shall not be liable for any eventual delay or incapacity to deliver which is due to an incorrect or incomplete delivery address, or to strikes or other problems with national or international mail delivery services, disruptions or weather conditions, and will refuse to refund the order.
On receiving their order, whatever the delivery method concerned, it is up to the User to ensure that the tickets delivered comply with their order. Reservations of the kind ‘subject to’, ‘subject to unpacking’, ‘package open’, etc. are not admissible in the event of a dispute. During delivery, remember to check the package in front of the carrier. Should the carrier not want to wait, please write the following on the freight order: ‘The carrier was in a hurry and did not give me time to check the parcel’.
In the event of an anomaly, the User must: (i) enter very specific and descriptive written reservations on the delivery docket (e.g. number of tickets incorrect), (ii) note the exact number of missing items and give a precise description of the state of the package (open, torn, intact, etc.) and (iii) be sure to send a registered letter to the delivery organization within 48 hours. Beyond this deadline, no refund, total or partial, will be made by the PCVB.
4.4 Modification or cancellation of a booking by the User
As the right of withdrawal is not applicable to ticketing services, the User is reminded that, excepting particular stipulations contrary to the GSC (notably Article 4.2 of the GCS) or the general conditions of sale of the Partner governing the sale of Dated Tickets, any ticket ordered on the Site is final. Consequently, tickets ordered on the Site, including Dated Tickets are neither refundable (not even in the event of loss or theft), nor exchangeable, except in case the event for which the ticket is issued is cancelled.
Any question or complaint relating to an order, its tracking number or any cancellation must be sent by e-mail with acknowledgement of receipt to firstname.lastname@example.org.
Article 5. Conditions specific to the hotel booking service
5.1 Online booking procedure
On the Site, the PCVB offers a hotel room booking service for Partner hotels and aparthotels for which the Partners’ availability is posted in real time on the Site on the basis of information given to it by these Partners. This posting of availability in real time is, however given for information only, given that transactions are likely to be carried out simultaneously, and cannot be enforceable against the PCVB. Only the confirmation email sent by the PCVB in accordance with Article 3.2.5 above constitutes final confirmation by the PCVB of the booking made by the User.
5.2 Booking voucher
The booking confirmation email sent by the PCVB contains the booking number and constitutes a booking voucher. No other booking voucher is sent to the User, whether by post or any other method. It is up to the User to take this confirmation email with them so as to be able to present it at the hotel reception on the day of arrival (or failing that, be equipped with an identity card corresponding to the person in whose name the booking was made).
5.3 Modification or cancellation of a booking
5.3.1 A booking request made in accordance with the five stages described in Article 3.2.3 above can no longer, once made, be modified online by the User in accordance with Article 3.3 above. Any modification request must be sent directly to the hotel concerned, which will process this request according to its own contractual terms to which the PCVB is a third party.
5.3.2 A booking can be cancelled by the User using the link contained in the booking confirmation email subject to this being done at least 48 hours before the arrival date as scheduled in the booking. Deposits paid by the User on the Site during booking in accordance with Article 6.3 will be returned to them by the PCVB as soon as possible. The PCVB will not refund any deposits paid on the Site for any booking cancellation occurring less than 48 hours before arrival. The User should furthermore be aware that in the event of a booking cancellation, the hotel is likely to debit costs from the User according to the hotel's applicable contractual conditions as agreed by the User during their booking process on the Site.
5.3.3 Any cancellation request not made by the User by means of the hypertext link featuring in the booking confirmation email cannot be processed by the PCVB, and the PCVB may not be held liable for retaining the deposits paid and/or costs debited by the hotel in accordance with the terms hereinafter.
5.3.4 The ability to cancel stipulated in Article 5.3.2 above does not apply when the User, when making their booking, has benefited from a promotional rate or a special offer on this booking, these bookings being made definitively and irrevocably once the online contract has been concluded under the terms provided for in Article 3.2.4.
Any question or complaint regarding a booking request or a cancellation must be sent by e-mail with acknowledgement of receipt to email@example.com.
Article 6. Financial terms
6.1 Common provisions
6.1.1 The prices of the Goods referred to on the Site are expressed in euros and are inclusive of tax. They take into account the VAT applicable on the date of the order or booking request. Prices do not include communication costs linked to the use of the Services. These remain payable by the User.
6.1.2 It should be noted that the prices of Goods shown on the Site reflect the prices charged by the Partners. The PCVB is not in any way involved in determining these prices. These prices are updated on the Site when any modifications are made to the prices applied by the Partners. The prices of the Goods invoiced to the User correspond to the prices in force on the date of the final confirmation of the order or booking request made by the User on the Site.
6.1.3 Payment for Goods is made online at the time of booking or ordering, by credit card, via a secure electronic payment system on the Site. It should be noted that any payment by credit card triggers an automatic debit authorization request. As the order or booking request is final after full payment of the price of the Services owed to the PCVB, any rejection, for whatever reason, implies the abandonment of the order or booking request, which will therefore not be processed by the PCVB.
6.2 Provisions specific to the ticketing Service
The price of the Goods ordered via the ticketing Service is paid in full to the PCVB via the Site.
Subject to the provisions of Articles 4.2 and 4.4 of the GCS, it is the general sales conditions of the Partner which apply to refunds, where appropriate, of Dated Tickets.
6.3 Provisions specific to the hotel booking Service
The price of an overnight stay in a hotel listed on the Site includes the amenities featured under the room selection category. This price does not include the tourist tax, and extras (like breakfast, parking, etc.) that can be chosen by the User during the booking process.
The price of Goods, as shown in the booking request summary prior to any final confirmation by the User, corresponds to the sum total of the Goods due by the User, including the tourist tax and any extras selected by the User. This price of the Goods is repeated in the booking confirmation email sent by the PCVB in accordance with Article 3.2 of the GCS.
In order to confirm their booking request definitively, the User is informed that they must provide their bank details, and for some hotels, the User must pay the PCVB a deposit corresponding to 12% of the sum total of the Goods, via the Site’s secure electronic payment system. The balance of the price of the Goods will be paid by the User directly to the hotel during their stay.
The User should however note that the User's bank details are automatically passed on to the hotel concerned as a guarantee. As stipulated in article 5.3 above, the hotel may, in particular, use the bank details to debit costs in the event of a cancellation.
Article 7. Changes and enforceability of the GCS and Goods
These GCS and/or the contents of the Goods may be modified at any time by the PCVB to take into account changes to the Site and/or to the Services and/or to the Goods by the Partners or, any change in the applicable regulations or any other changes implemented by the PCVB. The version of the GCS that is enforceable against the User is the one featuring on the Site at the time of the final confirmation by the User of their order or booking request.
The Goods supplied to the User are those listed in the email confirming the order or booking, in accordance with the contents of the Goods as described on the Site on the date of the order or booking.
Article 8. Liability of the PCVB
The PCVB may not be held liable for the total or partial breach of the contract due to a case of force majeure, to a third party to the contract or to the fault of the User. In particular, the PCVB may not be held liable for mistakes made by the User when entering information required in online forms, or in the event of the fraudulent use by a third party of the identity or means of payment of the User as identified on an order or booking request.
Nor may the PCVB be held responsible for damage of any kind that may result from the Site being temporarily unavailable or the connection between the User's terminal equipment and the Site of the PCVB being interrupted while an order or booking request is being made.
Article 9. Agreement as to proof
The User recognizes that the data recorded by the PCVB in the context of orders and bookings made on the Site constitute proof of all transactions entered into with the User and that the data recorded by the electronic payment system on the Site constitute proof of financial transactions.
Article 10. Personal data
The PCVB collects personal data concerning the User in the context of Services provided on the Site, for itself/ and/or for its Partners or Service providers, so as to be able to process and carry out their order or booking request on the Site. The PCVB may also transmit this data to third parties, and notably, its Partners or Service providers, in order to enable the User to be able to benefit from the Goods ordered or booked on the Site. In particular, the User should be aware that the bank details supplied when making a hotel booking on the Site are automatically transmitted by the PCVB to the Partner hotel concerned in accordance with Article 6.3 above. By placing an order or making a booking request on the Site, the User expressly agrees to these transfers.
The treatment of data of a personal nature processed by the PCVB in its capacity as the organization responsible for the processing of data via the Site has been declared to the CNIL – an administrative agency protecting privacy and personal data. Data concerning the User of a personal nature is processed by the PCVB in accordance with the (amended) Data Protection Act of 6 January 1978, either as the party responsible for the processing or as the subcontractor of its Partners. In accordance with the Data Protection Act of the 6 January 1978 as amended, the User has the right to access, modify and delete data concerning them as well as the right to object, for legal reasons, to the processing of their data. The User can exercise these rights by sending a registered letter with return delivery receipt accompanied by a copy of a valid piece of identity to the following address: OTCP, Parisinfo.com - Service Client, Direction E-business & marketing internet, 25 rue des Pyramides, 75001 Paris, France.
It should be noted that the data collection forms on the Site specify compulsory and optional fields. It should be noted that if the User fails to fill in a compulsory field, the PCVB will be unable to process their request. The purpose of other requests for information calling for an optional response or relative to the interest of the User, for offers likely to be sent to them, is to get to know the User better as well as improve the services offered to them. The PCVB may send the User information about its special offers or any new Goods that may be offered on the Site, unless they did not agree to this at the time of placing their order on the Site. Furthermore, the User may at any time ask to no longer receive emails from the PCVB by clicking on the link provided for this purpose in this information email.
The User should furthermore be aware that as they browse the Site, the latter implants a cookie in the User's computer. The cookie stores information relating to the User's browsing on the Site (pages consulted, date and time of consultation, etc.) and stores information entered by the User during their visit (such as surname, first name and other identification data) allowing the User to avoid having to key these in again on the occasion of their next visit. The PCVB is thus able read all the stored information on the occasion of the User's future visits.
Cookie files may be saved temporarily or permanently. Permanent cookie files remain on the computer's hard drive as long as the User has not manually deleted them.
The User is informed that they can prevent the saving of cookies at any time by configuring their browser as follows:
For Mozilla Firefox:
1. Click on the menu button and then select Options
2. Click on Privacy
3. Locate the cookies menu and choose the options that suit you
For Microsoft Internet Explorer:
1. Click on the Tools button, then select Internet Options.
2. Click on the tab Confidentiality
3. Choose the desired level using the cursor.
1. In the menu, click on Settings
2. Then click on Privacy & Security
Article 11. Intellectual property
The PCVB is the holder of all intellectual property rights attached to the Site and to the elements comprising it or holds the licences required by the holders of these rights.
Consequently, it is forbidden to reproduce, modify, transfer or use all or part of the Site without the express and written authorization of the PCVB: however, partial reproduction for strictly private purposes is tolerated.
It is forbidden to resell products or use the Site for commercial purposes without the express and written authorization of the PCVB.
Article 12. Applicable law and dispute settlement
The General Conditions are subject to French law. Any dispute relating to their interpretation and/or performance will be subject to the
The GCS are subject to French law. Any dispute relating to their interpretation and/or execution shall be submitted to the jurisdiction of the French courts, subject to the application of mandatory rules of French or Community law, designating the jurisdiction of the courts of another Member State of the European Union.
Article 13. Reproduction of Articles R. 211-3 to R. 211-11 of the ‘Code du Tourisme’ (French Tourism Code)
Art. R. 211-3
Subject to the exclusions set out in the third and fourth paragraphs of Article L. 211-7, any offer and any sale of journeys or stays give rise to the delivery of the appropriate documents that meet the rules set out in this section.
In the event of the sale of airline tickets or travel tickets on regular lines not accompanied by goods or services linked to this transport, the seller shall deliver to the buyer one or several tickets for the whole journey, issued by the carrier or under its responsibility. In the case of demand responsive transport, the name and address of the carrier, for which the tickets are issued, must be mentioned.
Separate billing for the various elements of the same tourism package does not exempt the seller from the obligations made in the regulatory provisions of this section.
Art. R. 211-3-1
The exchange of pre-contractual information or the provision of contractual conditions is done in writing. They can be done by electronic means in accordance with the validity and operating conditions as laid down in Articles 1369-1 to 1369-11 of the civil code. The name or business name and the address of the seller are mentioned as well as the indication of their registration on the register as laid down in a of Article L. 141-3 or, where appropriate, the name, address and the indication of the registration of the federation or of the union mentioned in the second paragraph of Article R. 211-2.
Art. R. 211-4
Prior to the conclusion of the contract, the seller must give the consumer information on prices, dates and other elements of the services provided on the occasion of the journey or of the stay such as:
- The destination, the means, characteristics and categories of transport to be used;
- The type of accommodation, its location, level of comfort and its main features, and its approval or tourist classification corresponding to the rules or customs of the host country;
- The meals that are proposed in the package;
- A description of the itinerary when it is a tour;
- The administrative and health formalities required for nationals or nationals of another Member State of the European Union or a State party to the agreement on the European economic area in the event, notably, of crossing borders as well as the deadlines for completing these formalities;
- The visits, excursions and other services included in the package or which may be available for a supplementary charge;
- The minimum or maximum size of the group for the journey or the stay in order for it to take place as well as, if a minimum number of participants is required for it to take place, the deadline for informing the consumer in the event of cancellation of the journey or of the stay; this date cannot be less than twenty-one days before departure;
- The monetary amount or the percentage of the price to be paid as an advance payment on conclusion of the contract as well as the timetable for payment of the balance;
- The terms for revision of prices as laid down by the contract in application of Article R. 211-8;
- Cancellation conditions of a contractual nature;
- The cancellation conditions defined in Articles R. 211-9, R. 211-10 and R. 211-11;
- Information concerning optional subscription to an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain particular risks, notably repatriation costs in the event of accident or illness;
- Where the contract includes air transport, information, for each leg of the flight, as laid down in Articles R. 211-15 to R. 211-18.
Art. R. 211-5
Prior information communicated to the consumer commits the seller, unless the seller has expressly retained the right to modify certain elements. In this case, the seller must clearly indicate to what extent this modification may occur and regarding which elements.
In any event, changes to prior information must be communicated to the consumer before the conclusion of the contract
Art. R. 211-6
The contract concluded between the seller and the buyer must be written, drawn up in duplicate of which one is delivered to the buyer, and signed by the two parties. It must contain the following clauses:
- The name and address of the seller, their guarantor and their insurer as well as the name and address of the organizer;
- The destination or destinations of the journey and, if a split stay, the relevant periods and dates;
- The means, characteristics and categories of transport used, the dates and places of departure and return;
- The type of accommodation, its location, its level of comfort and its main features and tourist classification in accordance with the regulations or usual practice of the host country;
- The catering services offered;
- The itinerary when it is a tour;
- The visits, excursions or other services included in the total price of the journey or of the stay;
- The total price of the services invoiced as well as an indication of the possibility of price revision in accordance with the provisions of Article R. 211-8;
- An indication, if any, of taxes or fees chargeable for certain services such as landing, disembarkation or embarkation fees or taxes at ports and airports, and tourist taxes when they are not included in the price of the service or services provided;
- A payment timetable and method of payment; the last payment made by the buyer cannot be less than 30 % of the price of the journey or stay and must be made on receipt of the documents for the travel or stay;
- The specific conditions requested by the buyer and accepted by the seller;
- The modalities by which the buyer can make a claim against the seller for non-fulfilment or poor execution of the contract; the claim must be sent as soon as possible by any means that make it possible to have a return delivery receipt from the seller, and, if need be, notified in writing, to the organizer of the journey and service provider concerned;
- The deadline for informing the buyer in the event of cancellation of the journey or of the stay by the seller when the journey or the stay is linked to a minimum number of participants, in accordance with the provisions in 7° of Article R. 211-4;
- Cancellation conditions of a contractual nature;
- Cancellation conditions laid down in Articles R. 211-9, R. 211-10 and R. 211-11;
- Details concerning the risks covered and the amount of guarantees in respect of the insurance contract covering the consequences of the professional liability of the seller;
- 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, including repatriation costs in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;
- The deadline for informing the seller in the event of the termination of the contract by the buyer;
- The commitment to provide the buyer with the following information at least ten days before the date scheduled for their departure:
- The name, address and telephone number of the seller’s local representative, or alternatively of the names, addresses and telephone numbers of local agencies that could assist the consumer in case of difficulty or if not available, an emergency contact number for the seller;
- For trips and stays for minors abroad, a phone number and an address enabling direct contact to be established with the child or the person responsible for their stay on-site;
- The clause for termination and reimbursement without penalties of the amount paid by the buyer in the event of the failure to respect the obligation to provide information as laid down in 13° of the Article R. 211-4;
- Commitment to provide the buyer, in good time before the start of the journey or the stay, with arrival and departure times.
Art. R. 211-7
The buyer may transfer their contract to a person who meets the same conditions as the buyer, to undertake the journey or the stay, as long at the contract has not yet had any effect.
Unless more favourable to the transferor, the transferor must inform the seller of their decision by registered mail or by any means to obtain confirmation of receipt no later than seven days before the beginning of the trip. If it concerns a cruise, this period is extended to fifteen days. This transfer is not under any circumstances subject to the prior authorization of the seller.
Art. R. 211-8
Where the contract contains an express possibility of a revision of the price, within the limits laid down in Article L. 211-12, it must state precisely how this is to be calculated, upward and downward, the variations in price, and notably the amount of the costs of transport and taxes, the currency or currencies that may have an impact on the cost of the journey or stay, the part of the price for which the variation applies, the rate of the currency or currencies used as a reference to establish the price shown on the contract.
Art. R. 211-9
Where, before the departure of the buyer, the seller is constrained to make a change to one of the essential elements of the contract such as a significant increase in the price and the seller disregards the obligation to provide information as stated in 13° of the Article R. 211-4, the buyer may, without prejudice to claims for compensation for damages eventually suffered and after having been informed by the seller by registered mail or by any means to obtain confirmation of receipt:
- either terminate their contract and get an immediate refund for the amounts paid without any penalty;
- or accept the modification or substitute journey 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 the sums still eventually owed by the buyer, and if the payment already made by the latter exceeds the price of the modified service, the overpayment shall be returned to them before the date of their departure.
Art. R. 211-10
In the case provided for in Article L. 211-14, where, before the departure of the buyer, the seller cancels the journey or the stay, they must inform the buyer by registered mail or by any means to obtain confirmation of receipt; the buyer, without prejudice to claims of compensation for damages eventually suffered, shall obtain an immediate refund without penalty of the sums paid; in this case, the buyer receives compensation at least equal to the penalty that they would have had to pay had they themself cancelled at this date.
The provisions of this Article shall not in any way hinder a friendly agreement seeking the acceptance by the buyer, of a substitution trip or stay proposed by the seller.
Art. R. 211-11
Where, after the departure of the buyer, the seller is unable to provide a large part of the services laid out in the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take the following steps without prejudice against action for compensation for damages eventually suffered:
- either propose goods or services to replace the planned goods or services and pay eventually any price supplement, and if the goods or services accepted by the buyer are of an inferior quality, the seller must refund the difference in price to the buyer on their return;
- or, if he cannot propose any replacement goods or services or if these are rejected by the buyer for good reasons, the seller must provide the buyer, without any additional charge, with travel tickets to ensure their return, in conditions that can be considered to be equivalent, to the place of departure or to another place agreed by both parties.
The provisions of this Article are applicable in the event of failure to comply with the obligation laid out in Article 13 R. 211-4.