TRANSLATED FROM THE FRENCH LANGUAGE
Word-for-word reproduction of Articles R.211-3 to R.211-11 of the Code du Tourisme [Tourism Code], pursuant to Article R.211-12 of the Code du Tourisme.
Article R.211-3 :
Notwithstanding the exclusions specified in the third and fourth paragraphs of Article L. 211-7, any offer and any sale of trips or stays shall result in the issue of the appropriate documents which shall meet the rules defined by this section. In the event of sale of air tickets or tickets for scheduled transport not accompanied by services relating to this transport, the seller shall issue the buyer with one or more tickets for the whole journey, issued by the carrier or for which the carrier is liable.
In the event of transport on demand, the name and address of the carrier, on behalf of which the tickets are issued, must be mentioned. Separate billing for the various components of a single tourist rate does not discharge the seller from the obligations incumbent upon it under the regulatory provisions in this section.
Article R.211-3-1 :
Pre-contractual information or contractual terms and conditions shall be exchanged in writing. This may take place electronically under the terms and conditions of validity and business stipulated in Articles 1369-1 to 1369-11 of the Code Civil [Civil Code]. Mentioned shall be the seller’s name and company name and address, as well as an indication of its record in the Register specified in a) of Article L. 141-3 or, if necessary, the name and address and an indication of the record of the federation or union mentioned in the second paragraph of Article R. 211-2.
Article R.211-4 :
Before signing the contract, the seller must provide the consumer with information on prices and dates and other elements which constitute the services provided when the trip or the stay takes place, including:
1. The destination, means of transport, specifications and category of the transport used;
2.The means of accommodation, its location, its degree of luxury and its key specifications, its approval and its tourist classification, in accordance with regulations or uses in the host country;
3. Catering proposed;
4. The description of the itinerary where an excursion is concerned;
5. Administrative and health-related formalities to be carried out by nationals or those from another member-State of the European Union or a State which is a member of the European Economic Area in question, especially for border crossings, and how long they will take to complete;
6. Visits, excursions and other services included in the price, or as necessary, available subject to an additional charge;
7. The minimum or maximum size of the group enabling the trip or stay to go ahead, and, if the trip or stay is subject to a minimum number of participants, the deadline for consumer information if the trip or stay is cancelled; this date may not be set at under twenty-one days before departure;
8. The amount or percentage of the price to be paid as a deposit when the contract is signed, and the timeline for paying the balance due;
9. The procedure for reviewing prices, as specified by the contract pursuant to Article R. 211-8;
10. The contractual terms and conditions of cancellation;
11. The terms and conditions of cancellation defined in Articles R. 211-9, R. 211-10 and R. 211-11;
12. Information concerning optionally taking out an insurance policy covering the consequences of certain cases of cancellation or an assistance policy covering certain particular risks, especially repatriation costs in the event of an accident or illness;
13. When the policy includes air transport services, information on each leg of the flight as stipulated in Articles R. 211-15 to R. 211-18.
Article R.211-5 :
Prior information given to the consumer commits the seller to the terms, unless in it, the seller expressly reserves the right to amend any elements of it. In this case, the seller must clearly state to what extent these amendments will be made and to which elements they are to be made. In any event, amendments made to prior information must be notified to the consumer before they sign the contract.
Article R.211-6 :
The contract signed between the seller and the buyer must be in writing and drawn up in duplicate, one copy given to the buyer, signed by both parties. When the contract is signed electronically, Articles 1369-1 to 1369-11 of the Code Civil shall be applied. The contract must include the following clauses:
1. The name and address of the seller, its guarantor and its insurer, as well as the name and address of the organizer;
2. The travel destination or destinations and, if the stay is in several places, the different periods and their dates;
3. The means, specifications and categories of the transport used, and the dates and places of departure and return;
4. The type of accommodation, its location, its degree of luxury and its key specifications, as well as its tourist classification in accordance with regulations or uses in the host country;
5. Catering proposed;
6. The itinerary, where an excursion is concerned;
7. Visits, excursions or other services included in the total price of the trip or stay;
8. The total price of the services billed, as well as an indication of any review of billing, in accordance with the provisions of Article R. 211-8;
9. If necessary, an indication of fees or charges relating to any services, such as landing duties, disembarkation duties or embarkation duties at ports and airports, and residency charges when these are not included in the price of the services provided;
10. The timeline and procedures for paying the price; the last payment by the buyer may not be any less than 30% of the price of the travel or stay and must be paid when documents are handed over enabling the trip or stay to go ahead;
11. Special Terms and Conditions requested by the buyer and agreed by the seller;
12. The procedures by which the buyer may make a claim against the seller for failure to perform, or poor performance of the contract, a claim which as soon as possible, must be sent by any means which enables acknowledgement of receipt to be obtained from the seller, and as necessary, notified in writing to the travel organizer and the provider of the services concerned;
13. The deadline for buyer information if the trip or stay is cancelled by the seller, if the chances of the trip or stay going ahead are subject to a minimum number of participants, is as stipulated in the provisions of 7. of Article R. 211-4;
14. The contractual terms and conditions of cancellation;
15. The terms and conditions of cancellation stipulated in Articles R. 211-9, R. 211-10 and R. 211-11;
16. Clarifications concerning risks covered and the amount of guarantees under the insurance policy covering the consequences of the seller’s professional civil liability;
17. Indications concerning the insurance policy covering the consequences of certain cases of cancellation taken out by the buyer (policy number and insurer’s name), as well as those concerning the assistance contract covering any particular risks, especially repatriation costs in the event of an accident or illness; in this case, the seller must provide the buyer with a document at least setting out risks covered and risks excluded;
18. The deadline for notifying the seller if the contract is transferred by the buyer;
19. The commitment to providing the buyer, at least ten days before the date anticipated for their departure, with the following information:
a) The name, address and telephone number of the seller’s local representative, or otherwise, the names, addresses and telephone numbers of local organizations likely to be able to help the consumer in the event of difficulty, or otherwise, the number to call to establish contact with the seller in an emergency;
b) For minors’ trips and stays abroad, a telephone number and address which may be used to establish direct contact with the child or their guardian where they are staying;
20. The clause on termination and penalty-free refunds of the sums paid by the buyer in the event of failure to meet the obligation to provide information as specified in 13. of Article R. 211-4;
21. The commitment to providing the buyer, in the desired time before the trip or stay begins, with the departure and arrival times.
Article R.211-7 :
The buyer may transfer their contract to an assignee, who shall meet the same terms and conditions it would for a trip or a stay, if this contract has not been performed. Unless stipulated more favorably for the assignor, they are liable for notifying the seller of their decision by any means which may be used to obtain acknowledgement of receipt, no later than seven days before the trip begins. When this is a cruise, this timeframe shall be ten days. Under no circumstances is this transfer subject to the seller’s prior permission.
Article R.211-8 :
When the contract includes the express price review option, within the limits specified in Article L. 211-12, it must mention the exact calculation procedure, whether for an increase or a reduction, price variations, and especially the amount of relevant transport costs and charges, the currency or currencies which will have an impact on the price of the travel or stay, the share of the price upon which the variation will be applied, and the exchange rate or rates used as a reference when calculating the price which appears in the contract.
Article R.211-9 :
When, before the buyer departs, the seller is forced to make a change to one of the essential elements of the contract, such as significantly raise the price, and when it misjudges the obligation to inform mentioned in 13. of Article R. 211- 4, the buyer may, notwithstanding action to compensate for any damage caused, after it has been informed of this by the seller, by any means enabling acknowledgement of receipt to be obtained:
- either terminate their contract and obtain an immediate penalty-free refund of the sums paid;
- or agree to the change or the replacement trip proposed by the seller; a rider to the contract specifying the changes made shall then be signed by the parties; any price reduction shall be deducted from any sums which have yet to be paid by the buyer, and if the payment already made by them exceeds the price of the service changed, the excess must be repaid to them before they depart.
Article R.211-10 :
In the case specified in Article L. 211-14, when, before the buyer departs, the seller cancels the trip or stay, it must notify the buyer by any means through which they may obtain acknowledgement of receipt, notwithstanding action to compensate for any harm caused, and obtain from the seller an immediate penalty-free refund of the sums paid; the buyer shall, in this case, receive compensation at least equal to the penalty which they paid if the cancellation was brought about by them on that date.
The provisions of this Article do not, under any circumstances, form an obstacle to the signing of an amicable agreement serving to ensure that the buyer accepts a replacement trip or stay proposed by the seller.
Article R.211-11 :
When, after the buyer has departed, the seller finds itself unable to provide a preponderant part of the services stipulated in the contract, representing a not inconsiderable percentage of the price paid by the buyer, the seller must immediately take the following measures, notwithstanding action to compensate for any harm caused:
- either propose services to replace those specified, meeting any charge added to the price and, if the services accepted by the buyer are of lesser quality, the seller must refund them the price difference, as soon as they return;
-or, if it cannot propose a replacement service or if the buyer for valid reasons refuses it, provide the buyer, at no extra cost, with transport tickets to ensure their return, under conditions which are deemed equivalent, to the place of departure or somewhere else mutually agreed.
The provisions of this Article apply in the event of failure to meet the obligation specified in 13 of Article R. 211-4.
General Terms and Conditions updates 09/30/2011