SPECIFIC TERMS OF SALE
I – Contractual relations:
2. The prices given in this brochure apply to the current season. They are determined according to the economic conditions in force on the date of fixing the prices and may be revised after the reservation only in the event of a change in the fees and taxes relating to the services proposed.
3. In this case the Booking Office reserves the right to modify the total amount of the stay by applying to it the percentage variation in the price of the component concerned. The customer may then either cancel or confirm his stay in the conditions of Article 101 of Decree 94-490 of 15/06/94. However, no modification of the price may be made in the 30 days immediately prior to the stay.
4. Once the reservation has been confirmed, the Booking Office may not retroactively apply any reductions and one-off promotional offers.
II – Reservation:
2. Once the booking is confirmed, the Booking Office sends the customer the reservation contract specifying the different services reserved. This contract will then serve as the customer's travel documents and will enable him to benefit from the services mentioned in it when he arrives.
3. For a reservation made more than 21 days before the beginning of a stay, the Booking Office will debit a down payment of 25 % and the balance 21 days before arrival. For a reservation made less than 21 days before arrival, the Booking Office will debit the whole amount for the services as soon as the reservation is made. The balance as to be done 21 days before arrival
4. The customer must arrive on the day specified in the contract. If he arrives late, after 6 pm, he must inform the place of accommodation directly; as mentionned in the booking form.
III – Conditions of payment:
If the payment is not accepted, the reservation will automatically be cancelled
IV – Modification or cancellation:
The Booking Office must be notified of any total or partial cancellation of the reservation by registered letter and this shall lead to the application of the conditions described below:
- D + 21: the amount already paid by the customer will be kept in full by the the Booking Office.
- D - 21: the total amount of the reservation will be kept in full by the Booking Office and no refund will be made. It is possible to take out cancellation insurance with the the Booking Office (see the conditions in paragraph VI).
In the event of modification or cancellation after the receipt of the contract, the customer must return this contract by post to the the Booking Office at this address:
Centrale de Réservation des 2 Alpes
Office de Tourisme, BP7
38860 LES 2 ALPES - FRANCE
It is possible to take out cancellation insurance with the Central Reservations Office (see the conditions in paragraph VI)
2. Right of withdrawal:
The cooling-off period for distance selling do not apply to tourist services (Article L121-20-4 of the Consumer Code). Therefore, in accordance with the laws, no application for refund on distance selling can only be considered once the reservation is confirmed.
3. Modification by the customer:
Requests to change the booking must be sent in writing to the the Booking Office. The acceptance of the modification by the Booking Office results from the sending of a new contract (corrections made directly by the customer on the contract sent by the Booking Office will not be taken into account). On no account do such modifications suspend the terms of payment of the initial contract. Any change in the date of the stay or the accommodation and or the supplementary services requested by the customer constitutes a cancellation of his initial order (with application of the cancellation fees described in the next article) and the registration of a new order in the conditions described above. Modifications involving an increase in the amount due shall give rise to the sending of a rider to the initial contract indicating the supplementary amount which will be debited according to the terms of payment described.
4. Modification or cancellation due to a supplier:
If an essential component of the reservation is modified or if it is cancelled by the Booking Office, the customer must within 8 days of being informed in writing either cancel his reservation and have it refunded, or accept the modification proposed by signing a rider to the contract. In the absence of a response within this time, the customer will be deemed to have accepted the modification.
5. Interruption of the stay:
When the customer interrupts his stay or arrive later, no refund can be made.
6. Handling fee:
The Booking Office charges handling fee. This amount remains due if the reservation is cancelled by the customer and is not covered by the cancellation insurance.
V – Complaints:
The Booking Office strives to provide the most reliable information and quality possible on accommodation and services sold. However, the descriptions and illustrations of the benefits offered (pictures, locations, distances etc ...) are provided for information and have no contractual value. They are required to be updated regularly, and unless substantial changes in delivery, this can be grounds for cancellation or complaint from the customer. Les 2 Alpes Booking Office can not be held liable for failure of a partner (host or service) during their stay, cases of absolute necessity, strikes or because of any person whose performance is foreign to organize the visit. Except in cases of absolute necessity, the Booking Office will make every effort to replace faulty services by equivalent.
The customer's renunciation of one or more services may not give rise to any refund or compensation by the Booking Office.
VI – Cancellation Insurance:
This insurance covers cancellation and interruption of stay and the cost of any repatriation.
The guarantee and exclusion clauses of the insurance are detailed in the description of the policy.
The cost of this insurance is 4.5 % of the value of the reservation with a minimum of 10,00 Euro. This value is mentioned on the reservation contract.
This insurance may only be taken out when the reservation is made and covers only the services ordered by the customer on that date.
For the cover to operate, the request for a refund must reach the insurers as mentioned in the policy. It must be accompanied by the obligatory documentary evidence required by the insurance company.
VII – Packages:
For any modification or cancellation of packaged products ordered, see paragraph IV above.
GENERAL TERMS OF SALE
In accordance with Articles 14 and 24 of Law 92-645 of 13 July 1992, the provisions of Articles 95 to 103 of Decree 94-490 of 15 June 1994, the wording of which is reproduced below, are not applicable to reservation operations or the sale of tickets not falling within the scope of a holiday package.
In the absence of a brochure, quotation, programme and offer, this document shall constitute, before it is signed by the purchaser, the prior information referred to in Article 97 of Decree 94-490 of 15 June 1994. It will be null and void if not signed within 24 hours of it being issued.
In the event of the assignment of the contract the assignor and/or the assignee are obliged in advance to pay any resulting expenses. When such expenses exceed the amounts displayed in the point of sale and those mentioned in the contractual documents, justification will be provided.
The Booking Officehas taken out with the company Generali Assurance, an insurance policy covering its Professional Liability up to 1,524,490 Euros.
Extract from Decree no. 94-490 of 15 June 1994 taken in application of Article 31 of Law no. 92-645 of 13 July 1992 fixing the conditions of exercising activities relating to the organisation and sale of trips or stays.
Article 95: Subject to the exclusions mentioned in the second paragraph (a and b) of Article 14 of the Law of 13 July 1992 above-mentioned, all offers and all sales of travel services or stays shall give rise to the issuing of appropriate documents which meet the rules laid down by this Title.
In the case of the sale of air tickets or tickets on regular services not accompanied by services connected to such transport, the seller shall issue to the purchaser one or more passenger tickets for the whole of the trip issued by the carrier or under its responsibility.
In the case of charter services, the name and the address of the carrier, on whose behalf the tickets are issued, must be mentioned.
The separate invoicing of the different components of the same holiday package shall not exempt the seller from the obligations imposed on him by this Title.
Article 96: Prior to the signing of the contract and on the basis of a written document bearing its company name, its address and details of its administrative authorisation to operate, the seller must provide the consumer with information on the prices, dates and other items constituting the services provided on the occasion of the trip or stay, such as:
01 - The destination, the means, characteristics and categories of transport used.
02 - The type of accommodation, its location, its level of comfort and its main characteristics, its approval and its tourist class corresponding to the regulations or customs in the host country.
03 - The meals provided.
04 - A description of the itinerary where tours are concerned.
05 - The administrative and sanitary formalities to be accomplished in the event, in particular, of borders being crossed as well as the time allowed for their accomplishment.
06 - The visits, excursions and other services included in the package or that may be available for a price supplement.
07 - The minimum or maximum size of the group allowing the trip or stay to take place as well as, if the realisation of trip is dependent on there being a minimum number of participants, the deadline for informing the consumer in the event of the cancellation of the trip or stay, which date may not be less than twenty-one days before the departure.
08 - The amount or the percentage of the price to be paid as a deposit on signing the contract as well as the schedule for paying the balance.
09 - The conditions of revision of the prices as laid down in the contract pursuant to Article 100 of this Decree.
10 - The conditions of cancellation of a contractual nature.
11 - The conditions of cancellation set out in Articles 101, 102 and 103 below.
12 - The details concerning the risks covered and the amount of the cover taken out under the insurance policy covering the consequences of the travel agents' professional liability and the civil liability of any non-profit making associations and organisations and the local tourist bodies.
13 - The information concerning the optional subscription of an insurance policy covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, in particular repatriation costs in the event of an accident or illness.
Article 97: The prior information given to the consumer shall commit the seller, unless in the latter the seller has expressly reserved the right to modify certain items. The seller must, in this case, indicate clearly to what extent this modification may occur and concerning which items.
In any case, the modifications made to the prior information must be communicated to the consumer in writing before the signing of the contract.
Article 98: The contract entered into by the seller and the purchaser must be written, drawn up in duplicate, with one copy for the purchaser, and signed by both parties. It must include the following clauses:
01 - The name and the address of the seller, its guarantor and its insurer as well as the name and the address of the organiser.
02 - The destination or destinations of the trip and, in the case of a stay split between more than one site, the different periods and their dates.
03 - The means, characteristics and categories of transport used, the dates, times and places of departure and return.
04 - The type of accommodation, its location, its level of comfort and its main characteristics, its approval and its tourist class corresponding to the regulations or customs in the host country.
05 - The number of meals provided.
06 - The itinerary where tours are concerned.
07 - The visits, excursions and other services included in the total price of the trip or stay.
08 - The total price of the services invoiced as well as details of any revision of this invoicing by virtue of the provisions of Article 100 below.
09 - The details, where applicable, of any fees or taxes relating to certain services, such as a landing, disembarkation or boarding tax in ports and airports, tourist taxes when they are not included in the price of the service(s) provided.
10 - The schedule and method of payment of the price, and in any case the last instalment made by the purchaser may not be less than 30% of the price of trip or stay and must be made when the travel documents for the trip or stay are handed over.
11 – Any specific conditions requested by the purchaser and accepted by the seller.
12 - The conditions in which the purchaser may make a complaint for failure to perform or incorrect performance of the contract, a complaint which must be made as soon as possible by registered letter with acknowledgment of receipt to the seller, and of which the organiser of trip and the provider of the services concerned must be notified in writing, if necessary.
13 - The deadline for informing the purchaser in the event of the cancellation of the trip or stay by the seller in the case where the cancellation of the trip or stay is connected to a minimum number of participants, in accordance with the provisions of 7° of Article 96 above.
14 - The conditions of cancellation of a contractual nature.
15 - The conditions of cancellation set out in Articles 101, 102 and 103 below.
16 - The details concerning the risks covered and the amount of the cover taken out under the insurance policy covering the consequences of the seller's professional liability.
17 - The indications concerning the insurance policy covering the consequences of certain cases of cancellation taken out by the purchaser (policy number and name of the insurer), as well as those concerning the assistance contract covering certain specific risks, in particular the repatriation costs in the event of an accident or illness; in this case, the seller must provide the purchaser with a document specifying at least the risks covered and the risks excluded.
18 - The deadline for informing the seller in the event of the assignment of the contract by the purchaser.
19 - The commitment to provide the purchaser, in writing, at least 10 days before the expected date of his departure, with the following information:
a) The name, address and telephone number of the seller's local representative or, failing that, the names, addresses and telephone numbers of the local organisations liable to help the consumer in case of any difficulty, or, failing that, an emergency number to call to contact the seller.
b) For trips and stays involving minors travelling abroad, a telephone number and an address allowing direct contact to be established with the child or the person responsible for the place where he is staying.
Article 99: The purchaser may assign his contract to an assignee who meets the same conditions as him to make the trip or stay, as long as this contract has not come into effect.
Except in the case of any stipulation more favourable to the assignor, the latter shall be obliged to inform the seller of his decision by registered letter with acknowledgment of receipt at the latest seven days before the beginning of the trip. Where cruises are concerned, this period is extended to fifteen days.
This assignment is not subject, in any circumstances, to the prior authorisation of the seller.
Article 100: When the contract includes the express possibility of revising the price, within the limits provided for in Article 19 of the Law of 13 July 1992 above-mentioned, it must mention the precise method of calculation, either up or down, of the variations in the prices and in particular the amount of the transport costs and taxes relating to it, the currency or currencies which have an impact on the price of the trip or stay, the part of the price to which the variation applies, the exchange rate of the currency or currencies used as a reference when establishing the price given in the contract.
Article 101: When, before the departure of the purchaser, the seller finds itself obliged to make a modification to one of the essential components of the contract such as a significant increase in the price, the purchaser may, without prejudice to any action for compensation for any loss incurred, and after having been informed by the seller by registered letter with acknowledgment of receipt:
- either terminate his contract and obtain without any penalties an immediate refund of the amounts paid.
- or accept the modification or the replacement trip proposed by the seller; a rider to the contract specifying the modifications made is then signed by the parties, any reduction in the price being deducted from any amounts still owed by the purchaser and, if the payment already made by the latter exceeds the prices of the modified service, the excess paid must be reimbursed to him before the date of his departure.
Article 102: In the case provided for in Article 21 of the Law of 13 July 1992 above-mentioned, when, before the departure of the purchaser, the seller cancels the trip or stay, it must inform the purchaser by registered letter with acknowledgment of receipt; the purchaser, without prejudice to any action for compensation for any loss incurred, obtains from the seller an immediate refund without penalties of the amounts paid; the purchaser receives, in this case, an indemnity at least equal to the penalty that he would have incurred if he had cancelled on this date.
The provisions of this article shall on no account prevent the conclusion of an amicable agreement by which the purchaser accepts a replacement trip or stay proposed by the seller.
Article 103: When, after the departure of the purchaser, the seller finds itself unable to provide a major part of the services covered by the contract and representing a non-negligible percentage of the price paid by the purchaser, the seller must immediately take the following measures without prejudice to any action for compensation of any loss incurred:
- either propose services in replacement of the planned services, bearing any supplementary cost itself, and, if the services accepted by the purchaser are of lower quality, the seller must refund the difference in price as soon as the latter returns.
- or, if he is unable to offer any replacement services or if the latter are refused by the purchaser for valid reasons, provide the purchaser, at no extra cost, with tickets to enable him to return in conditions that may be considered equivalent to the place of departure or to another place accepted by both parties.