GENERAL TERMS OF SALE TRAVELS AND STAYS

Decree No. 94-490 of June 15, 1994 made under section 31 of Act No. 92-645 of 13 July 1992 laying down the conditions for conducting activities related to the organization and sale of travel or accommodation 

 

Art.95. - Subject to the exclusions in the second paragraph (a and b) of Article 14 of the Law of 13 July 1992, any offer and sale of travel and holiday services give rise to the delivery of appropriate documents meeting the rules defined by this title. In case of sale of air tickets or tickets on regular line not accompanied by services related thereto, the seller delivers to the purchaser one or several tickets for the entire trip issued by the carrier or under responsibility. In the case of transport on request, the name and address of the carrier for whom the tickets are issued must be mentioned. The separate billing of various components of a package does not release the seller from obligations made to him by this title. 

Art.96. - Prior to the conclusion of the contract and on the basis of a written document bearing its name, address and indication of its administrative authorization to operate, the seller must provide the consumer with price information, dates and other elements constituting the services provided during the journey or holiday such as: 

1. The destination, means, characteristics and categories of transport used;

2. The accommodation, its location, level comfort and its main features, its approval and tourist classification corresponding to the regulations or customs of the host country;

3. The meals provided;

4. The description of the itinerary in the case of a tour;

5. The administrative and health formalities to be completed in the event,

including border crossing and their times of completion;

6. The visits, excursions and other services included in the package or available at an additional price;

7. The minimum size or maximum of the group for the trip or stay and, if the journey or stay is subject to a minimum number of participants, the date for informing the consumer in case of cancellation of the trip or stay ; this date can not be set at less than twenty-one days before departure;

8. The amount or percentage of the price to be paid as a deposit on signing the contract and the balance of the payment schedule;

9. The terms of price revision as provided by the contract in application of article 100 of this decree;

10. The conditions of contractual cancellation;

11. Cancellation defined in Articles 101, 102 and 103 below;

12. The details concerning the risks covered and amount of cover taken out under the insurance contract covering the consequences of professional civil liability of travel and liability agencies associations and non-profit organizations and local tourism organizations;

13. The information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks including costs of repatriation in case of accident or illness.

Art.97. - Prior information given to the consumer binds the seller, unless in it the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent these changes may occur and what elements. In any event, the changes made to the prior information must be communicated in writing to the consumer before the contract is concluded.

 

Art.98. - The contract between the seller and the purchaser must be written, in duplicate, one of which is delivered to the buyer, and signed by both parties. It must include 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 journey and, if split holiday, the various periods and their dates;

3. The means, characteristics and categories of transport used, the dates, times and places of departure and return; 4. The accommodation, its location, level of comfort and its main characteristics, its tourist classification under the regulations or customs of the host country;

5. The number of meals provided;

6. The itinerary in the case of a tour;

7. The visits, excursions or other Services included in the total price of the trip or holiday;

8. The total price of services invoiced and the indication of any possible revision of this invoicing under the provisions of Article 100 below;

9. The indication, s ‘necessary, of fees or taxes related to certain services such as landing taxes, embarkation or disembarkation at ports and airports, tourist taxes when they are not included in the price or services provided;

10. The timing and terms of payment; in any event, the last payment made by the purchaser can not be less than 30 percent. 100 of the travel or stay price and must be made upon delivery of the documents enabling the trip or stay;

11. The special conditions requested by the buyer and accepted by the vendor;

12. The manner in which the buyer may refer to the seller a complaint for non- performance or improper performance of the contract, which complaint must be 

sent as soon as possible by registered letter with acknowledgment of receipt to the seller, and notified in writing, possibly, to the travel organizer and the service provider concerned;

13. The deadline for informing the buyer in case of cancellation of the trip or stay by the seller if the journey or stay is subject to a minimum number of participants, 7o accordance with Article 96 above; 

14. contractual terms of cancellation;

15. The cancellation policy provided for in Articles 101, 102 and 103 below;

16. Details of the risks covered and the amount of coverage under the insurance contract covering the consequences of professional civil liability of the seller;

17. Indications concerning the insurance contract covering the consequences of certain cases of cancellation subscribed by the purchaser (policy number and name of insurer) and those regarding the assistance contract covering certain specific risks including costs of repatriation in case of 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 case of transfer of the contract by the buyer;

19. The commitment to provide in writing to the buyer, at least ten days before the scheduled departure, the following information:

* name, address and telephone number of the seller’s local representative or, failing that, the names, addresses and telephone numbers of local organizations likely to help the consumer in case of difficulty, or, failing that, the telephone number to establish urgently a contact with the seller;

* for travel and stays of minors abroad, a telephone number and address enabling direct contact with the child or the person’s place of residence.

Art.99. - The purchaser may transfer his contract to a transferee who fulfills the same conditions as him for the trip or stay, as long as the contract has no effect. Unless more favorably stipulated to the transferor, it is must inform the seller of his decision by registered letter with acknowledgment of receipt no later than seven days before the trip. When it is a cruise, this period is extended to fifteen days.

This transfer is not subject, in any case, prior authorization of the seller.

Art.100. - When the contract includes an express possibility of price revision, within the limits laid down in Article 19 of the Law of 13 July 1992, it must mention the precise means of calculation, Both upward and downward price fluctuations, in particular the amount of transport costs and related taxes, the currency or currencies that may affect the price of the journey or holiday, the share price at which the variation applies, the course of the currency or currencies used as a reference when establishing the price stated in the contract.

Art.101. - When, before the departure of the buyer, the seller is forced to make a change to one of the essential elements of the contract such as a significant price increase, the purchaser may, without prejudice to recourse compensation for any damages suffered, and after having been informed by the seller by registered letter with acknowledgment of receipt:

- Either terminate the contract and obtain without penalty the immediate reimbursement of all sums paid

- either accept the change or replacement trip proposed by the seller; a rider to the contract specifying the changes made is then signed by the parties; any reduction in price is deducted from any amounts remaining due by the purchaser and if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned before the date of departure.

Art.102. - In the case provided for in Article 21 of the Act of 13th July 1992, when, before the departure of the purchaser, the seller cancels the trip or stay, he must inform the buyer by registered letter with acknowledgment; the buyer, without prejudice to recourse for compensation for any loss suffered, obtains from the seller immediate reimbursement without penalty of the sums paid; the buyer receives, in this case, compensation at least equal to the penalty he would have supported if the cancellation had been made of her at that date.

The provisions of this article do not in any way prevent the conclusion of an amicable agreement for the acceptance by the purchaser of a replacement travel or stay proposed by the seller. 

Art.103. - When, after the departure of the buyer, the seller is unable to provide a major part of the services under the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudice to recourse for compensation for any loss suffered: 

- either offer services to replace the benefits provided services bearing any additional charge and, if the services accepted by the buyer are of inferior quality, the seller must refund upon his return, the price difference;

- or, if he can not offer any replacement service or if these are refused by the purchaser for valid reasons, provide the purchaser, at no extra charge, of tickets to ensure his return in conditions that can be considered equivalent to the place of departure or to another place accepted by both parties.

art. 105, conditions of cancellation: the sums due - except non-refundable deposit - and excluding services provided by a third company with specific cancellation conditions (such as airlines or hotels for example), are stated below:

more than 180 days before the departure: 10% of expenses of files per person; Insurances non-refundable; boat expenses for cruises non-refundable.

between 179 days and 90 days before departure: 25% of the amount of the trip;

between 89 days and 60 days before departure: 40% of the amount of the trip;

between 59 days and 31 days before departure: 75% of the amount of the trip;

between 30 days and 15 days before departure: 90% of the amount of the trip;

less than 15 days before departure: 100% of the amount of the trip (file fees included in this amount);