In accordance with Articles L211-8 and L211-18 of the Tourism Code, the provisions of Articles R211-5 to R211-13 of the Tourism Code, the text of which is reproduced below, are not applicable to the booking or sale of tickets that are not part of a touristic package.
The brochure, the quote, the proposal, the program of the organiser constitute the preliminary information referred to in Article R211-7 of the Tourism Code. Therefore, in the absence of any provisions to the contrary of this document, the characteristics, special conditions and the price of the trip, indicated in the brochure, the quote, the proposal of the organizer, will be contractual after the signature of the registration form.
In the absence of a brochure, program estimate and proposal, this document constitutes, before its signature by the buyer, prior information, referred to in article R211-7 of the Tourism Code. It will be null and void in case of failure to sign within 24 hours after being issued. In the event of assignment of the contract, the assignor and / or the assignee 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 in subparagraphs a and b of the second paragraph of Article L. 211_8, all offers and any sale of travel or holiday services gives rise to the delivery of appropriate documents which comply with the rules defined in this section. In the case of the sale of air transport tickets or train tickets accompanied by services related to these transports, the seller delivers to the buyer one or more tickets of passage for the entire journey, issued by the carrier or under his responsibility. In the case of transport on demand, the name and address of the carrier on behalf of which the tickets are issued, must be mentioned. The separate invoicing of the various elements of the same tourist package does not subtract the seller from the obligations imposed on it by the regulatory provisions of this section.
Prior to the conclusion of the contract and on the basis of a written support, bearing his company name, his address and the indication of its administrative authorization of exercise, the seller must communicate to the consumer information on prices, dates and other features 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 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 country welcoming;
3) provided meals;
4) The description of the route when it is a circuit;
5) The administrative and health-related formalities to be completed in the event of, in particular, boundaries as well as their deadlines for completion;
6) Visits, excursions and other services included in the package or possibly available at an extra charge;
7) The minimum or maximum size of the group allowing the realization of the journey or the stay as well as, if the completion of the journey or stay is subject to a minimum number of participants, the limit date of consumer information in the event of cancellation of the trip or stay; this date cannot be set 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 payment schedule of the balance;
9) The terms of revision of prices as provided for in the contract pursuant to Article R. 211-10;
10) Conditions of cancellation of a contractual nature;
11) The cancellation conditions defined in Articles R. 211-11, R. 211-12 and R. 211-13;
12) The details of the risks covered and the amount of the guarantees subscribed under insurance contract covering the consequences of the professional liability of travel and liability of nonprofit organizations and organizations with tourist premises;
13) Information regarding the optional underwriting of an insurance contract covering the consequences of certain cases of cancellation or of an assistance contract covering certain risks particular, including repatriation costs in case of accident or illness;
14) Where 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 one the seller expressly reserves the right to modify certain elements. The seller must, in this case, clearly indicate the extent to which this change may occur and on which terms. In any case, the changes made to the prior information must be communicated in written form to the consumer before the conclusion of the contract.
The contract concluded between the seller and the buyer must be written, drawn up in duplicate which is delivered to the buyer, signed by both parties. It must contain the following clauses:
1) The name and address of the seller, its guarantor and insurer and 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 types of transport used, the dates, times and places of departure and return;
4) The accommodation, its location, its level of comfort, its main features and its tourist classification under regulations or customs of the host country;
5) The number of meals provided;
6) The route when there is a circuit;
7) 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 the indication of any possible revision of this billing under the provisions of article R. 211-10;
9) Indication, if any, of fees or taxes relating to certain services such as taxes landing, disembarking or embarkation at ports and airports, tourist taxes when they are not included in the price of the service or services provided;
10) The schedule and terms of payment of the price; the last payment made by the buyer may not be less than 30% of the price of the trip or stay and must be made when the documents enabling the journey or the stay;
11) Special conditions requested by the buyer and accepted by the seller;
12) The terms under which the buyer can make a claim for non-performance or improper performance of the contract by the seller, claim which must be sent as soon as possible, by letter recommended with an acknowledgment of receipt to the seller, and, if appropriate, in writing, to the organizer of the trip and the service provider concerned;
13) The deadline for information of the buyer in case of cancellation of the trip or stay by the seller where the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of Article R. 211-6 (7);
14) Conditions of cancellation of a contractual nature;
15) The cancellation conditions provided for in Articles R. 211-11, R. 211-12 and R. 211-13;
16) Details of the risks covered and the amount of the guarantees under the contract insurance covering the consequences of the professional liability of the seller;
17) Information concerning the insurance contract covering the consequences of certain cases cancellation by the buyer (policy number and name of the insurer) as well as those relating to the assistance contract covering certain special risks, including repatriation costs in the event of accident or illness; in this case, the seller must give the buyer a document specifying minimum risks covered and risks excluded;
18) The deadline for information of the seller in case of assignment of the contract by the buyer;
19) The commitment to provide, in writing, to the buyer, at least ten days before the scheduled date for his departure, the following information:
(a) The name, address and telephone number of the seller's local representation or, failing that, the number to call to urgently establish contact with the seller;
(b) For trips and stays of minors abroad, a telephone number and address allowing to establish a direct contact with the child or the person in charge of his stay;
20) The clause of cancellation and refund without penalties of the sums paid by the buyer in case of non-respect of the obligation of information provided for in 14 ° of article R.211-6.
The buyer may assign his contract to an assignee who fulfills the same conditions as him to organize the trip or stay, as long as this contract has not produced any effect. Unless more favorable to the transferor, he must inform the seller of his decision by letter, recommended with request for an acknowledgment of receipt no later than seven days before the start of the trip. When it is a cruise, this period is extended to fifteen days. This assignment is not subject in any way case, prior authorization of the seller.
If the contract includes an express possibility of price revision, within the limits provided in Article L 211-13, it must mention the precise methods of calculation, both upwards and downwards, of price variations, and in particular the amount of the transportation costs and related taxes, the currency or currencies which may affect the price of the trip or stay, the share of the price at which the variation, the price of the currency or currencies used as reference when setting the quoted price to the contract.
When, before the buyer’s departure, the seller finds himself forced to make a change to one essential elements of the contract such as a significant increase in price and when it fails to the obligation of information referred to in 14 ° of article R. 211-6, the buyer may, without prejudice to the claim for damages for any damage suffered, and after having been informed by the seller by registered letter with acknowledgment of receipt request:
- either the cancellation of his contract and obtain without penalty the immediate reimbursement of the sums paid;
- accept the modification or a substitution trip proposed by the seller; a contract amendment specifying the changes made is then signed by the parties; any price decrease comes in deduction of any remaining sums owed by the buyer and, if the payment already made by the last exceeds the price of the modified service, the overpayment must be refunded to him before the date of his departure.
In the case provided for in Article L. 211-15, when, before the departure of the buyer, the seller cancels the trip or stay, he must inform the buyer by registered letter with request for acknowledgment of receipt; the buyer, without prejudging the remedies for compensation for any damage suffered, obtains from the seller the immediate refund and without penalty 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 occurred it's done on that date. The provisions of this Article shall in no way preclude the conclusion of an amicable agreement having for object the acceptance, by the buyer, of a trip or substitute stay offered by the seller.
When, after the departure of the buyer, the seller finds himself unable to provide a preponderant share of the services mentioned in the contract representing a significant percentage of the price honored by the buyer, the seller must immediately make the following arrangements without prejudging Remedies for damages for any damage:
- either offer services to replace the services provided by possibly supporting any additional price and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him, on his return, the difference in price;
- or, if he cannot offer any replacement benefits or if they are refused by the buyer for valid reasons, provide the buyer, at no extra charge, tickets to ensure his return in conditions that 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 14 ° of article R. 211-6.