General sales terms
Contrexéville Tourist Office
Authorisation no AU.088.96.0001
General sales terms of the Contrexéville Tourist Office
Authorisation no AU.088.96.001. In compliance with article 104 of decree No 94-490 of 15th June 1994 in application of article 31 of the 92-645 Act dated 1st July 1992, complete reproduction of articles 95 to 103 of the said decree.
Article 95
Subject to exclusions set out in paragraph two (a and b) or article 14 of the aforementioned Act dated 13th July 1992, all offers and sale of travel services or holidays should be accompanied by appropriate documents that satisfy the rules defined by the document hereof. In the case of air transport tickets on scheduled lines not accompanied by services linked to this transport, the seller issues to the buyer one or several tickets for the whole voyage issued by the carrier or under its responsibility. In the case of transport by request, the name and address of the carrier on behalf of whom the tickets are issued, should be mentioned.
Separate invoicing of various parts of the same tourist package does not release the seller from the obligations imposed by the document hereof.
Article 96
Prior to the signing of the contract and on the basis of a written document including its company name, address and administrative authorisation number, the seller should communicate to the consumer all information on prices, dates and other elements covered by the services provided during the trip or stay such as:
1o Destination, means, characteristics and class of transport used;
2o The accommodation method, its location, its level of comfort and major characteristics, its approval and tourist rating corresponding to applicable regulations or usages in the receiving country;
3o The meals provided;
4o The description of the itinerary in the case of a tour;
5o The administrative and sanitary formalities to be fulfilled in the case of crossing frontiers as well as their deadlines;
6o Visits, excursions and other services included in the package or possibly available for a supplement;
7o The minimal or maximal size of the group allowing the trip or stay to go ahead as well as, if the trip or stay depends on a minimum number of participants, the consumer information deadline in case of cancellation of the trip or stay; this date cannot be less than twenty-one days before the departure;
8o The sum or percentage of the price to be paid as a deposit on signing the contract as well as the payment timetable for the balance;
9o Price revision terms as set out by the contract in application of article 100 of the Decree hereof;
10o Contractual cancellation terms;
11o Cancellation terms defined in articles 101, 102 and 103 below;
12o Information concerning risks covered and the sum of guarantees in the insurance contract covering the consequences of travel agents’ professional civil liability and the civil liability of non-profit-making associations and organisations and local tourism organisations;
13o Information concerning optional insurance covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks namely repatriation costs in the case of accident or sickness.
Article 97
The seller is bound by prior information given to the consumer, unless the seller has formally reserved the right in that prior information to modify certain elements. The seller should, in this case, clearly indicate how this modification can apply and on which elements.
In any case, modifications made to prior information should be given in writing to the consumer before the contract is signed.
Article 98
The contract signed between the seller and the buyer should be drafted in two copies, one of which is given to the buyer and signed by both parties. It should include the following clauses:
1o The name and address of the seller, its guarantor and insurance company as well as the name and address of the organiser;
2o The destination or destinations of the trip and, in the case of a fractioned stay, the different periods and their dates;
3o The means, characteristics and categories of transport used, the dates, times and places of departure and return;
4o Accommodation, its location, its level of comfort and major characteristics; its tourist classification by virtue of regulations or usages in the receiving countries;
5o The number of meals provided;
6o The itinerary when it is a tour;
7o Visits, excursions or other services included in the total price of the trip or stay;
8o The total price of invoiced services as well as an indication of any possible revisions in this invoicing by virtue of the provisions of article 100 below;
9o The indication, if applicable, of fees or taxes relating to certain services such as landing, disembarkation or boarding fees in ports and airports, tourism tax when not included in the price of the service(s) provided;
10o The timetable and method of payment of the price; in any case, the last payment made by the buyer, cannot be less than 30% of the price of the trip or the stay and should be paid with the remittance of the documents needed for the trip or stay;
11o Special terms requested by the buyer and accepted by the seller;
12o The terms whereby the buyer can make a claim against the seller for non-fulfilment or improper fulfilment of the contract. The claim should be sent as soon as possible, by registered letter with acknowledgement of receipt to the seller and notified in writing, if necessary, to the relevant organiser of the trip and the service provider;
13o The last deadline for information to the buyer in case of cancellation of the trip or stay by the seller should the trip or stay depend on a minimal number of participants, in compliance with the provisions of 7o of article 96 above;
14o Contractual cancellation terms;
15o Cancellation terms set out in articles 101, 102 and 103 below;
16o Explanations concerning risks covered and the sum of guarantees by the insurance contract covering the consequences of the seller’s professional civil liability;
17o Information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and insurance company name), as well as those relating to the assistance contract covering certain specific risks namely repatriation costs in the case of accident or sickness; in this case, the seller should give the buyer a document at least specifying the minimum risks covered and risks excluded;18o The seller information deadline in the case of transfer of the contract by the buyer;
19o The written commitment to provide the buyer, at least ten days before the scheduled date of departure, with the following information:
a) The name, address and telephone number of the local representative of the buyer or, failing that, the names, addresses and telephone numbers of local organisations liable to help the consumer in case of difficulty, or failing that, the number allowing emergency contact with the seller;
b) For trips and stays abroad by persons under 18, a telephone number and address allowing direct contact with the child or responsible person at the place of stay.
Article 99
The buyer can transfer his or her contract to a transferee who satisfies the same conditions to make the trip or stay, as long as this contract has no effect.
Unless there is a more favourable stipulation for the assignor, the latter is required to inform the seller of his/her decision by registered letter with acknowledgement of receipt at the latest seven days before the start of the trip. When this is a cruise, this period is extended to a fortnight.
This transfer is, under no circumstances, subject to prior authorisation from the seller.
Article 100
When the contract includes the formal possibility of revising the price, within the deadline set out in article 19 of the aforementioned Act dated 13th July 1992, it should mention the precise calculation methods,
both with respect to an increase and a decrease, price variations and, in particular, the sum of transport costs and related taxes, the currency or currencies that can have an effect on the price of the trip or stay, the share of the price to which the variation applies, the rate of the currency or currencies chosen as the reference when drawing up the price featured on the contract.
Article 101
When, before the departure of the buyer, the seller is forced to modify one of the essential elements of the contract such as a significant price increase, the buyer can, without prejudice to any legal action taken for reparation of any damages suffered, and after having been informed by the seller by registered letter with acknowledgement of receipt:
- either cancel the contract and obtain, without penalties, immediate refunding of the sums paid;
- or accept modification or the replacement trip proposed by the seller; a rider to the contract specifying the modifications made is signed by the parties; any price reduction shall be deducted from any outstanding sums owed by the buyer and, if the payment already been made by the latter exceeds the price of the modified service, the excess sum shall be restored before the departure date.
Article 102
In the case set out in article 21 of the aforementioned Act dated 13th July 1992, when, before the departure of the buyer, the seller cancels the trip or stay, he/she should inform the buyer by registered letter with acknowledgement of receipt; the buyer can, without prejudice to any legal action taken for reparation of any damages suffered, obtain immediate refunding, without penalty, of the sums paid; the buyer receives, in this case, compensation at least equal to the penalty he/she would have had to pay had he cancelled on that date.
The provisions of the article hereof should under no circumstances hinder the conclusion of an amicable settlement aimed at getting the buyer to accept a replacement trip or stay proposed by the seller.
Article 103
When, after the departure of the buyer, the seller finds it impossible to provide a major share of the services stipulated in the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take all necessary steps, without prejudice to any legal action taken for reparation of any damages suffered:
- either propose services to replace those scheduled, covering any price supplement and, if the services accepted by the buyer are of inferior quality, the seller should refund the price difference, as soon as the buyer returns;
- or, if no replacement can be proposed or if refused by the buyer for valid reasons, the seller should provide the buyer, without a supplement, with the transport tickets to ensure his/her return in conditions judged to be equivalent towards the departure point or any other place accepted by both parties.
SPECIAL SALES TERMS
1. PRICE
The price of breaks have been established on the basis of rates in our possession at the time of printing our brochures on 1st December 2005. They are applicable for the 2006 season, unless modifications are made by our suppliers.
Late arrivals, premature departures or unused services, regardless of what they are, shall not be refunded, except special cases mentioned below (see paragraph 5 Case of force majeure).
2. BOOKINGS
Bookings are made using the “Booking Form” to be sent to the TOURIST OFFICE which represents hotels and intervening parties.
3. PAYMENT TERMS
Settlement of the stays in two instalments, according to the following terms: 30 € per person for weekends. The balance shall be paid to the Office de Tourism on the day of arrival at the latest.
4. CANCELLATIONS
All cancellations should be notified as soon as possible in writing to the CONTREXEVILLE TOURIST OFFICE.
15 € shall be deducted per person for administrative costs on all break cancellations.
5. CANCELLATION FOR CASES OF FORCE MAJEURE
5.1 In case of cancellation for the following reasons:
serious illness, accident, death of the client, his/her spouse, direct ascendants or descendants directs, the full sum shall be refunded on presentation of justifying documents.
5.2 In the case of a stay cut short for the same reasons, the services not used shall be refunded pending approval from the suppliers.
6. INSURANCE
The Tourist Office has taken out Professional Civil Liability insurance with :
LA PRESERVATRICE FONCIERE T.I.A.R.D., Groupe ATHENA – 1. Cours Michelet – La DEFENSE 10 – 92800 PUTEAUX, in compliance with the provisions of article 24 of the Decree No 94.490 dated 15/06/94, in application of article 31 of the 92.645 Act dated 13/07/92.
This contract covers the pecuniary consequences that could be borne by the Insured party owing to damage caused to clients, service providers or third parties following de facto or de jure faults, errors, omissions or negligence committed with respect to the offer, organisation and sale of services defined in articles 1, 2, and 25 of the Act dated 13th July 1992, by the Insured Party or its employees, as well as persons linked to it in the terms set out in articles 26 and 27 of the Decree dated 15th June 1994.
The sum of the Cover is 762,245.09 €, per ongoing year of insurance in one or several claims regardless of the number of victims, of which 15,244.90 € in the case of loss, theft or damage to confided luggage and objects but excluding precious objects and jewellery.
Excess: 10% of the sum of the claim with a minimum of 76.22 €.
This excess is paid by the insured party but is not opposable to injured parties.
Civil Liability Insurance offering the following cover:
- Corporal damage, other than food poisoning or accidental pollution: 4,573,470.50 €, no excess.
- Food poisoning, per year of insurance and per claim: 304,898.03 € no excess.
- All consecutive material and immaterial damage: 457,347.05 €; 76.22 € in excess
- Accidental pollution: all consecutive corporal, material and immaterial damage per year of insurance and per claim: 152,449.02 €, 762.25 € in excess, except corporal damage.
- Theft by an employee: 15,244.90 €, 152.45 € in excess
- Penal defence and appeal: 7,622.45 €, no excess.
No Repatriation/Cancellation Insurance or Insurance for the interruption of a stay is included in our programmes.
7. FINANCIAL GUARANTEE
Taken out with CAISSE FEDERALE – CENTRE EST EUROPE CFCM CEE 34 rue du Wacken – 67000 STRASBOURG
as per the terms set out by Act No 92.645 and subsequent text, for a sum of 30,489.80 €.
8. LIABILITY
Under no circumstances shall the CONTREXEVILLE TOURIST OFFICE be held liable for circumstances of force majeur, the actions of third parties not involved in providing services set out in the contract or the poor fulfilment of the contract attributable to the buyer.
9. COMPLAINTS
Commercial complaints or complaints relating to the quality of services may be sent by registered letter with acknowledgement of receipt 30 days after the end of the stay at the latest to the Contrexéville Tourist Office.
Claims bringing into play the damage or civil liability insurance of the Contrexéville Tourist Office shall not be accepted insofar as they shall have been declared to the Tourist Office, before the departure.
