General Conditions of Sale

The conditions for carrying out activities relating to the organization and sale of trips or tourist packages are governed by articles L. 211-1 et seq. and R. 211-1 et seq. of the Tourism Code.

ARTICLE 1 – DEFINITIONS

The “SARL” designates the company Escapade Vacances – Siren n° 400 158 168; It is a member of the Cap France network. Its activity is the sale of stays as well as the provision of spaces in all the establishments for which it manages.

The “Customer” means any person using the Website to order any Service offered by the SARL as well as any person on whose behalf an order has been made.

An “Order” means any reservation made and validated by the Customer.

The “Special Conditions of Sale” designate the contractual conditions specific to each order emanating from the SARL, necessarily accepted by the Customer before any commitment on his part within the framework of an Order.

The “Contract” constitutes all the documents formalizing the reciprocal commitments made between the SARL and the Customer: These include these General Conditions of Sale.

“Stay” or “Rental” designate any other services on sale on the Site which do not constitute a Tourist Package within the meaning of the Tourism Code.

“Partner” means any service provider carrying out services on behalf of the SARL. These may include rental companies, sports clubs, event organizers (concerts, festivals, cruises, etc.).

“Service” means any service delivered by the SARL to the Client, whether presented in its catalog or tailor-made on the basis of a specific, tailor-made request.

ARTICLE 2 – SCOPE OF APPLICATION

2.1. These General Conditions of Sale apply to all Orders placed on the Website, via the telephone platform (the contact details of which are specified in article 4) or directly in the physical reception premises of the SARL, by post or by email. They are also applicable to any additional Service(s) validated by the Customer during their stay.

These General Conditions of Sale are applicable to all Customers, whether they make individual reservations (for a maximum of 19 people) or groups (consisting of 20 people or more).

The sale of Tourist Services is governed in particular by the Consumer Code and, specifically, by Title 1 of Book II of the Tourism Code relating to the organization of the sale of trips and stays. In accordance with article R. 211-12 of the Tourism Code, articles R. 211-3 to R. 211-11 of the said Code are reproduced below.

These General Conditions of Sale are valid from December 1^st, 2024. This version cancels and replaces previous versions.

The Customer is invited to carefully read these General Conditions of Sale. These are referenced by hypertext link on the Website before confirmation of the Order, as well as in the sales offices of the SARL.

It is advisable to download and/or print them and keep a copy. It is also advisable to read these General Conditions of Sale before validating any new Order, since the said General Conditions of Sale may be modified at any time. Our general conditions of sale apply within the framework of the regulations in force and, in particular, decree n°94.490 of June 15, 1994. The purchase of a stay implies on the part of the buyer the acceptance of all the provisions of the general conditions of sale below.

2.2. These General Conditions of Sale are not applicable to the provision of services or supplies, not included in the Order, carried out within the framework of contracts concluded between the Customer and a third party service provider (neither the SARL nor one of its Partners) during the course of the Tourist Package or Stay.

ARTICLE 3 – SARL TRIP AND/OR STAY ORGANIZER

All of the Services subject to these General Conditions of Sale are organized (produced and/or distributed) by:

Name : ESCAPADE

Statut : SARL

Address : 970 avenue César Geoffray – 84110 VAISON LA ROMAINE

Tel :04 90 36 52 20

Email : reservation@escapade-vacances.fr

N° SIREN : 400 158 168

Code APE :5520 Z

N° de TVA Intracommunautaire : FR91400158168

The SARL is insured for professional civil liability for its tourism activity in accordance with the provisions of articles R. 211-35 et seq. of the Tourism Code with GAN ASSURANCES –

ARTICLE 4 – CUSTOMER INFORMATION

4.1 – Information prior to the conclusion of the Contract

The information and visuals appearing on the various communication media (brochures, catalogs, Website, etc.) of the SARL and/or the Cap France network may be subject to modifications brought to the attention of the Client prior to the conclusion of the Contract.

The SARL, acting on behalf of its potential Partners, makes its best efforts to provide photos, illustrations and maps giving the Client an overview of the Services offered as well as their level of comfort.

However, said visuals cannot accurately reflect the content of the Services, the Client may request further information from the SARL on the characteristics of said Services by telephone Tel. 0490365220 (non-premium rate call) or by email: reservation@escapade-vacances.fr

It is expressly agreed that certain activities offered by the SARL or one of its Partners are not necessarily available depending on the season and/or that they are conditional on the registration of a minimum number of participants.

4.2 – Information prior to the start of performance of the Services

The SARL undertakes to provide the Client, at least ten (10) days before the scheduled date of his departure, with information such as the name, address and telephone number of the main site where the Services are performed or, failing that, the names, addresses and telephone numbers of local organizations likely to help the Client in the event of difficulty or, failing that, the telephone number allowing emergency contact to be established with the SARL.

ARTICLE 5 – ABSENCE OF THE RIGHT OF WITHDRAWAL

The Customer is informed that, in application of articles L. 121-16-1 and L. 121-21-8 12° of the Consumer Code, with regard to accommodation services (other than residential accommodation, catering or leisure activities which must be provided on a specific date or period, the Services offered by the SARL are not subject to the application of the right of withdrawal provided for in articles L. 121-21 and following of the Consumer Code regarding distance selling.

Consequently, the Services ordered on the Website or via the telephone platform are exclusively subject to the cancellation and modification conditions provided for in these General Conditions of Sale and/or in any Special Conditions of Sale.

ARTICLE 6 – FORMATION OF THE CONTRACT

Any Order is reserved for Customers who have read these General Conditions of Sale in their entirety as well as the Special Conditions specific to each Order and accepted the latter by clicking on the Website, or, where applicable, from one of the SARL’s sales agents, by telephone or at one of its physical points of sale.

The Contract formed under the conditions specified in article 7.2.3 below binds the Customer and all participants identified on the reservation who accept without reservation, for their own account as well as for that of the people for whom they are responsible, these Conditions of Sale and any Special Conditions, and undertake to respect all the instructions and instructions relating to said order which may emanate from any document or instruction from the SARL.

It is the responsibility of the person who made the reservation to ensure that all participants are aware of these conditions and obligations and accept them.

ARTICLE 7 – TERMS OF PLACING AN ORDER AND CONCLUSION OF THE CONTRACT

7.1 – Valid reservation conditions

For any reservation, regardless of the medium, the Customer must be at least 18 years old (or be an emancipated minor), and be legally capable of entering into a contract.

The Customer guarantees the veracity and accuracy of the information he provides to make a reservation, whether this data concerns him directly or another participant in the Services.

Any fraudulent action in this context or which contravenes in particular the conditions of the Contract, may result in the refusal by the SARL, at any time, to allow the Customer to finalize their Order, to access the Services concerned and/or to legal proceedings.

7.2 – Conclusion of the Contract electronically

7.2.1. The Contract, when it has been validly concluded, is archived by the SARL on computer support, in compliance with the mandatory legal duration.

7.2.2. Compliance with the steps for concluding the Contract remotely, listed below, is a mandatory condition for concluding the Contract electronically. Failing this, the Contract does not produce any binding force and the SARL is free not to perform the Services concerned.

Steps for concluding the Contract electronically:

– The Customer carries out a search on the Website.

– Following this request, one or more Service offers are communicated to the Client. The latter is also informed of the non-application of the right of withdrawal in the context of any sale carried out remotely and of the cancellation conditions applicable to said Services.

– The Customer validates his choice by clicking on the desired Service. The Customer must indicate a valid email address which he/she undertakes to consult regularly.

– A summary listing all of their choices, with the date and total price of the Service(s), allows the Customer to check the details of their Order.

The Customer must ensure that all information displayed complies with his wishes (nature of the Services, date, time, mode and address of stay, price, identity, age of participants, etc.).

Failing this, he can make the modification before validation of his Order. After this validation, this information can no longer be modified.

– Subject to having previously read and expressly accepted these General Conditions of Sale and any Special Conditions that may apply, the Customer can validate their Order and proceed to payment, by clicking on the button dedicated to purchase. The Contract is then validly concluded.

– The SARL, in its name and on behalf of its Partners, sends to the Customer as soon as possible following the Order, by email, an acknowledgment of receipt confirming said Order and listing its essential elements such as the identification of the Service ordered, the price and the quantities. Any modification of said information is specified in article 9.

The Customer must contact the SARL in the event that he has not received an Order confirmation within five (5) days following the conclusion of the Contract.

ARTICLE 8 – PRICES AND PAYMENT TERMS

8.1 – General provisions

Prices are given in Euros.

The descriptions of the Services specify the elements included in the price. This is understood to include all taxes (excluding tourist tax) including SARL application fees and related service costs.

The descriptions of the Services specify the elements included in the price. This is understood to include all taxes (excluding tourist tax) including administration costs. The descriptions of the Services specify the elements included in the price. This is understood to include all taxes (excluding tourist tax) including the application fees to the SARL and the related service costs including the SARL and the related service costs included.

Price reductions and promotional offers indicated on the Site, brochures and other SARL documents are, unless otherwise indicated in writing, cannot be combined with each other for the same Order.

8.2 – Membership fee

No membership fee is required.

8.3 – Price changes

The prices of the Services have been determined based on the economic conditions in force on the date of the Order.

The SARL reserves the right to modify prices at any time until the date of confirmation of the Order.

Prices may also be revised even after confirmation in the event of variations or imposition of fees and taxes relating to the Services included in the Order. In this case, the SARL reserves the right to modify the overall amount of the said Order by affecting it by the percentage variation of the element concerned.

Where applicable, the Customer is informed of any price increase in writing and may either cancel or accept the modification applied under the conditions provided for in Article 9.

8.4 – Deposit

8.4.1 Deposit for an Order for individual Services

For any Order validated more than 30 days after the departure date (the latter not being included), a deposit representing 30% of the total price including all taxes (TTC) is paid by the Customer within 7 days after the conclusion of the Contract if the said Contract has not been validated via our site (payment of the deposit on the day of subscription if purchase via our site).

8.4.2 Deposit for an Order for Group Services

The customer must pay a deposit corresponding to 25% of the amount of the Stay, 50% 30 days before the start of the stay and the balance on arrival unless expressly and formally agreed with the SARL. The tourist tax collected by local authorities is added to the price of the stay, where applicable.

8.5 – Terms of payment

Payments are made by bank card, transfer, check, holiday voucher or e-holiday voucher when the Order is finalized on the Website or via the telephone platform.

They are made by bank card, check, cash and “ANCV” holiday vouchers for reservations made in the physical reception areas of the SARL or by mail.

In the event of payment by check, this must be made payable to the SARL, in payment of the amount including tax of the Order, on the back of which the Customer’s proof of identity number is noted.

Without prejudice to the Customer canceling the Order under the conditions provided herein, the payment order made by credit card or check cannot be canceled by him.

The Customer guarantees to the SARL that he is the holder of the means of payment used and that he has sufficient funds to fully cover the payment of his Order.

If it is impossible to debit the sums due in payment of said Order, for whatever reason, the purchase process will be canceled.

8.6 – Transaction security

In order to secure transactions carried out by the Customer, in particular on the Website and to combat credit card fraud, the information transmitted in relation to your Order is automatically analyzed in order to determine a maximum level of reliability.

This is why the SARL may ask the Customer, by email, to prove their identity and address, in order to protect themselves from fraudulent transactions. Through these supporting documents, the SARL guarantees better security, by ensuring that the Customer is the owner of the bank card used.

In the case of Orders by check or any other means of payment, proof corresponding to the bearer of the check may also be requested from the Customer, always in order to guarantee maximum transaction security.

8.7 – Terms of reimbursement by SARL

Unless otherwise indicated by the SARL, when a reimbursement is due to the Customer, it is made by check.

In the event of payment by ANCV Check, the Customer’s reimbursement is also made by check excluding the amount of the ANCV commission.

ARTICLE 9 – ORDER CANCELLATION/MODIFICATION

9.1 – General provisions

No refund, nor reduction in price, is due by the SARL for late arrival, early departure or absences of the Client during the stay.

In addition, the waiver by the Client of a Service or one of its elements cannot be subject to any reimbursement or compensation by the SARL.

Any total cancellation of an Order entails termination of the Contract.

9.2 – Order cancellation/modification by SARL

The conditions for cancellation and modification of Orders by the SARL are specified in articles R.211-9 et seq. of the Tourism Code, reproduced below.

The SARL reserves the right to cancel any Service for lack of a minimum number of registrants. Where applicable, the activities concerned are specified in at least one of the SARL’s informative documents (catalogue, brochure, contractual documents, etc.). If applicable, the Customer will be informed of the cancellation of the Services concerned within a maximum period of twenty-one (21) days before the start of the stay.

In accordance with the provisions of article R. 211-9 of the Tourism Code, a price increase greater than 10% of the price appearing in the Contract is considered substantial.

In the event of a modification to the Contract before the Client’s departure, the request for termination or acceptance of the modification must be notified to the SARL by any written means enabling receipt to be acknowledged (RAR letter, fax, email, etc.) within seven (7) days from receipt by the Client of the information on said modification.

Any Contract concluded by fraudulent use of the Site by the Customer or by the use of data not belonging to him is subject to cancellation by the SARL, without any reimbursement for the benefit of the Customer and without prejudice to legal recourse by the SARL.

9.3 – Modification of Orders by the Customer

Modification of a reservation can be made via the SARL telephone center or at a physical reception desk:

• Call center: 0033 4 90 36 52 20 (Open from 9:00 to 12:30 and from 13:30 to 18:30)
• Escapade Vacances 970 avenue César Geoffray, Vaison la Romaine (open from 9:00 am to 12:30 pm and from 1:30 pm to 6:30 pm).

Any modification must be confirmed by the customer by email or post.

For any reservation of a Service corresponding to a fixed price per night, for a maximum number of people and not per person, the modification of the number of people downwards or upwards, within the limit of the number of people authorized by the SARL, will in no case entail modification of the price according to this change. Only the cancellation of all Services will result in reimbursement subject to the stipulations of article 9 of these General Conditions of Sale.

However, the SARL allows groups to reduce their workforce by 5% free of charge.

9.4 – Order cancellation by the Customer

The reference time zone for calculating possible refunds due to cancellation or modification is as follows: UTC+1.

9.4.1 Cancellation of an Order for individual Services

In the event of cancellation by the Customer of his entire Order for Individual Services, the price or deposit paid in this context (administrative fees, possible membership fees, cancellation insurance which are retained by the SARL) will be refunded to him under the following conditions:

No refunds will be made for late arrivals, early departures or absences during the stay.

9.4.2 Cancellation of an Order for Group Services

In the event of cancellation by the Customer of his entire Order for Group Services, the price or deposit paid in this context (administrative fees, possible membership fees, cancellation insurance which are retained by the SARL) will be refunded to him under the following conditions:

No reduction in the bill or refund is granted for late arrival, early departure or absences during the stay. The final number must be confirmed in writing with the village no later than the date of signing the contract.

Cap France member organizations may have different conditions of sale linked to their operation. In this case, it is the specific conditions of the reservation contract of the ESCAPADE establishments where you will stay which will apply.

ARTICLE 10 – TRANSFER OF CONTRACT

According to article R211-7 of the Tourism Code, and subject to written acceptance from the SARL, the Client may transfer his Contract to any assignee meeting the same characteristics to benefit from the Services and in particular the same type of accommodation, the same number of people concerned, children in the same age group, the same activities, etc.

Where applicable, the transferring Client must inform the SARL by any means enabling receipt to be acknowledged (e.g. RAR Letter, email) no later than seven (7) days before the start of the stay in question, excluding the departure date included, providing all the supporting documents necessary for the transfer of the contract.

The SARL reserves the right not to accept said transfer for reasons linked to conditions not met by the transferee or for failure to present the relevant supporting documents.

The transfer entails the payment of non-refundable administrative fees, payable by the transferee, in the amount of €150 including tax. This amount is never refundable in the event of termination of the Contract.

In the absence of compliance with the aforementioned conditions for the transfer of Services, the SARL may decide not to accept said transfer and to make the person presented as transferee pay in full for the Services concerned.

ARTICLE 11 – PERFORMANCE OF SERVICES

11.1 – Occupancy of accommodation areas

Accommodation spaces are only available from 5:00 p.m. on the day of arrival and must be vacated before 10:00 a.m. on the day of departure, regardless of the arrival or departure time of the means of transport used by the Client to get to the place of the Stay. Any excess may result in the billing of an additional night at the public rate displayed.

For any modification of these times, the SARL provides the Client, in due time before the start of the trip or stay, with the departure and arrival times.

If the accommodation concerned by your Order does not have night reception, we advise you to take precautions to notify the reception staff in the event of late arrival.

Pets are allowed in the SARL Le Moulin de César holiday village but prohibited at the Cloître des Dominicains (whether indoors or outdoors).

11.2 – Meals

When meals are included in the Contract, their number depends on the number of nights

It is further expressly agreed that:

• Full board begins with the meal preceding the first night and ends with lunch following the last night of accommodation; for the other days of the stay, it includes breakfast, lunch and dinner.

• Half board begins with the meal preceding the first night and ends with breakfast following the last night of accommodation; for the other days of the stay, it includes dinner.

(Possibility of exemption which will then be mentioned in the special conditions of the reservation contract).

ARTICLE 12 – LIABILITY

12.1 – SARL’s liability

12.1.1 – When using the website or the telephone exchange

No anomaly or error occurring on the Website or the telephone exchange can engage the liability of the SARL in the event of malfunctions on the sites, software or terminals of the Client or any third party.

Under no circumstances will the SARL be liable for foreseeable or unforeseeable, material or immaterial damage (including in particular loss of profits or opportunity, etc.) resulting from the use or the total or partial inability to use the Website or the telephone platform.

12.1.2 – As part of the performance of the Services

In accordance with the provisions of article L.211-16 of the Tourism Code, the SARL is automatically responsible to you for the proper execution of the obligations resulting exclusively from the Customer’s Order, whether these obligations are to be executed by itself or by other Partner service providers, without prejudice to its right of recourse against them.

The SARL is subject to the common law civil liability regime (Article 1240 of the Civil Code) for all services not falling within the scope of the Services defined in Article L.211-1 of the Tourism Code.

Activities and/or transport carried out as part of the stay and giving rise to the conclusion of a contract between the Client and an external service provider are the responsibility of said service provider. The liability of the SARL cannot under any circumstances be sought in this context.

The SARL cannot be held responsible for theft and/or vandalism carried out as part of a Service. The Client’s personal objects and valuables must be placed under the latter’s supervision for the entire duration of the stay/package.

12.2 – Customer’s liability

12.2.1 – When using the Website and the telephone exchange

The Customer is required to check that the computer configuration he uses does not contain any viruses and that it is in perfect working order.

The Customer is financially responsible for the use of the Website and the telephone exchange made both in his name and on behalf of third parties, including minors, unless he can demonstrate fraudulent use not resulting from any fault and/or negligence on his part.

12.2.2 – As part of the performance of the Services

The Customer, as well as all participants concerned by the Order, undertake to respect these General Conditions of Sale, any Special Conditions of Sale as well as all instructions and instructions relating to the execution of the Services included in a brochure/catalog, on the Website or issued orally from the SARL and all of its staff, and to adopt safe, respectful and courteous behavior throughout the performance of the Services.

In the event that the attitude of the Client or that of one of the aforementioned participants is likely to cause harm, danger or trouble to one of the employees of the SARL, to other clients and to any third party in general, the SARL reserves the right, at its sole discretion, to end the Client’s stay at any time.

In this case, the latter will not be able to claim any reimbursement or compensation for the early termination of his Order, the SARL also reserves the right to claim from the Customer reimbursement of the costs resulting from this attitude without prejudice to the request for legal compensation for the damage observed.

In addition, the payment of a deposit may be requested from the Client before or on the first day of performance of the Services. The amount depends on the services of your Order. If applicable, this amount is indicated to you in the Special Conditions of Sale.

12.2.3 – Dependent liability

Any person dependent on the Client, and in particular any unemancipated minor, taking part in the Services must be accompanied by one or both parents or their legal guardian.

ARTICLE 13 – INSURANCE

No compulsory insurance is included in the Services offered by SARL.

It is up to the Customer to take out any other insurance contract such as, in particular, cancellation/interruption of stay insurance or repatriation assistance. The customer is offered optional cancellation insurance as part of the services sold. The SARL subscribes to GRITCHEN AFFINITY insurance 27 rue Charles Durand – CS 70139 – 18021 BOURGES Cedex. The clauses and conditions of the cancellation-interruption insurance and in particular the guaranteed events are included in the leaflet which is attached to your reservation contract.

It is therefore the responsibility of the Client to take out any insurance that may be necessary and/or obligatory for the performance of the Services. As such, he notably subscribes to a contract covering his civil liability, for his own account as well as for the people for whom he is responsible.

ARTICLE 14 – FORCE MAJEURE

Force majeure is understood within the meaning of French law and is particularly constituted in the event of a strike by the staff of the SARL and/or the staff of one of its partners, major demonstrations, climatic conditions that are unpredictable on the booking date and irresistible (storms, etc.), exceptional hydrological (floods, floods, etc.) and geographical conditions.

The SARL reserves the right to cancel any Order in the event of force majeure resulting in a permanent impediment.

In the event of force majeure resulting in a temporary impediment to execution of the Order, it is suspended and the SARL reserves the right to modify the date and/or the content and/or the place of execution, unless the resulting delay justifies the termination of the Contract.

For the application of this Article, force majeure is understood as any event or fact that the parties could not reasonably foresee and control at the time of the reservation due to its nature external to the parties, unforeseeable and irresistible. In particular, cases of force majeure are thus considered to be cases of force majeure, in addition to those retained by the French courts and tribunals, total or partial strikes, internal or external to the association, terrorism, wars or uprisings, bad weather, epidemics, blocking of means of transport or supply for whatever reason, earthquake, fire, storm, flood, water damage, breakdown of the computer system paralyzing the normal pursuit of its activity by a Party.

In any event, total or partial non-performance of the Services, due to a case of force majeure, will not give rise to any reimbursement or damages from the SARL.

ARTICLE 15 – INFORMATION AND COMPLAINTS

Complaints which arise during the execution of the Contract must be lodged as soon as possible, following the discovery of the failure concerned, with the SARL and, where applicable, with any other service provider concerned, so that a solution can be sought immediately.

Any complaint subsequent to execution must be addressed to the SARL as well as to the said service provider, at the latest within one (1) month following the end of execution of the Service, to the contact details indicated in article 3.

Complaints must be sent by any means allowing receipt to be acknowledged by the SARL.

In this context, the Client must respect the personal and confidential nature attached to all correspondence with the SARL.

In the absence of a satisfactory response and in accordance with the provisions of the Consumer Code concerning “the mediation process for consumer disputes, the Customer has the right to use the mediation service offered by the SARL free of charge.

The “consumer law” mediator thus proposed is CM2C (Consumer Mediation Center for Justice Conciliators)

This mediation system can be contacted by:

• Electronically: cm2c@cm2c.net
• Postal route: CM2C 49 rue de Ponthieu 75008 PARIS

ARTICLE 16 – GENERAL DATA PROTECTION REGULATION

16.1 Any order will be recorded electronically accessible by the Customer upon simple request to the following address reservation@escapade-vacances.fr

16.2. The personal data that may be collected by the SARL are subject to processing for the purposes of carrying out communication and service provision operations. These personal data, those relating to information and service provision operations, may be subject to processing for monitoring and improving the partnership relationship, as well as in the context of anti-fraud measures and in application of legislation in the fight against money laundering and the financing of terrorism.

16.3. This data may be used to personalize offers and send information on the services offered or distributed by the SARL. Data subjects have a right of access, rectification, opposition and deletion of their personal data, as well as the possibility of defining specific directives relating to the conservation, erasure and communication of this data after death. They can exercise these rights at any time by sending their request by email to “promotion@escapade-vacances.fr”. The data is kept for the duration necessary for the purposes mentioned and for any applicable limitation periods.

ARTICLE 17 – APPLICABLE LAW AND JURISDICTION

These General Conditions of Sale as well as all the documents in the Contract, including in particular the Special Conditions of Sale, are subject to French law. Any dispute relating to their interpretation and/or execution falls under the competent French courts.

ARTICLE 18 – IMAGE RIGHTS

18.1. SARL ESCAPADE reserves the right to use photos and videos taken during a stay (paper, electronic, web publications, website, social networks, exhibitions, slideshows, photo CDs given to participants, etc.).

18.2. If the family or legal representative does not want one of the participants to appear in said photos or videos, it is necessary to send the SARL a written refusal no later than 8 days before the start of the stay to: serviceclient@escapade-vacances.fr. In the absence of notification within this period, authorization is deemed granted.

ARTICLE 19 – MISCELLANEOUS

19.1. The fact that the SARL does not raise, at one time or another, one of the provisions of these General Conditions of Sale and in general of one of the documents of the Contract, cannot be interpreted as a waiver by the latter(ies) to avail itself of it subsequently.

In the event that one of the provisions of the Contract or one of its constituent elements is declared null or ineffective, it will be deemed unwritten, without this affecting the validity of the other provisions, unless the provision declared null or ineffective was essential and decisive for the execution of said Contract.

19.2. It is further expressly agreed that, unless there is a manifest error on the part of the SARL, the data stored in the SARL’s information system, particularly in the electronic messaging tools used by the SARL, have probative force as to the Orders placed and the execution of the parties’ obligations.

Data on computer or electronic media kept by the SARL constitute evidence and, if they are produced as means of proof by the SARL in any contentious or other procedure, they will be admissible, valid and enforceable between the parties in the same manner, under the same conditions and with the same probative force as any document which would be established, received or kept in writing.

ARTICLE 20 – EXTRACTS FROM THE TOURISM CODE

The brochure or catalog as well as the summary Order proposal, exchanged in paper format or electronically, constitute the prior information referred to in article R. 211-4 of the Tourism Code.

Article R. 211-3

“Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel or stay services give rise to the submission of appropriate documents which meet the rules defined by this section.

In the event of the sale of air transport tickets or regular line transport tickets not accompanied by services linked to this transport, the seller issues to the buyer one or more tickets for the entire journey, issued by the carrier or under its responsibility. In the case of transport on demand, the name and address of the carrier, on whose behalf the tickets are issued, must be mentioned.

Separate invoicing of the various elements of the same tourist package does not relieve the seller of the obligations imposed on him by the regulatory provisions of this section. »

Article R. 211-3-1

“The exchange of pre-contractual information or the provision of contractual conditions is carried out in writing. They can be done electronically under the conditions of validity and exercise provided for in articles 1127 to 1227-6 of the Civil Code. The name or company name and address of the seller are mentioned as well as the indication of its registration in the register provided for in “a” of article L. 141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of article R. 211-2. »

Article R. 211-4

“Prior to the conclusion of the contract, the seller must communicate to the consumer information on prices, dates and other elements constituting the services provided during the trip or stay such as:

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

2° The type of 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 host country;

3° The catering services offered;

4° The description of the itinerary when it is a circuit;

5° The administrative and health formalities to be completed by nationals or by nationals of another Member State of the European Union or of a State party to the agreement on the European Economic Area in the event, in particular, of crossing borders as well as their completion times;

6° Visits, excursions and other services included in the package or possibly available at an additional cost;

7° The minimum or maximum size of the group allowing the trip or stay to take place as well as, if the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or stay; this date cannot be set less than twenty-one days before the Departure Date;

8° The amount or percentage of the price to be paid as a deposit upon conclusion of the contract as well as the payment schedule for the balance;

9° The terms of price revision as provided for in the contract pursuant to article R. 211-8;

10° Cancellation conditions of a contractual nature;

11° The cancellation conditions defined in articles R. 211-9, R. 211-10 and R. 211-11;

12° 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, in particular repatriation costs in the event of accident or illness;

13° When the contract includes air transport services, the information, for each flight section, provided for in articles R. 211-15 to R. 211-18. »

Article R. 211-5

« Prior information given to the consumer binds the seller, unless in this information the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent this modification can be made and on what elements.

In any case, changes to the prior information must be communicated to the consumer before the conclusion of the contract. »

Article R. 211-6

« The contract concluded between the seller and the buyer must be written, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, articles 1125 to 1127-6 of the civil code apply. The contract must include the following clauses:

1° The name and address of the seller, his guarantor and his insurer as well as the name and address of the organizer;

2° The destination or destinations of the trip and, in the event of a split stay, the different periods and their dates;

3° The means, characteristics and categories of transport used, the dates and places of departure and return;

4° The mode of accommodation, its location, its level of comfort and its main characteristics and its tourist classification under the regulations or customs of the host country;

5° The catering services offered;

6° The itinerary when it 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 invoicing under the provisions of article R. 211-8;

9° Indication, if applicable, of fees or taxes relating to certain services such as landing, disembarkation or boarding taxes at ports and airports, tourist taxes when they are not included in the price of the service(s) provided;

10° The timetable and terms of payment of the price; the last payment made by the buyer cannot be less than 30% of the price of the trip or stay and must be made when submitting the documents allowing the trip or stay to be carried out;

11° The special conditions requested by the buyer and accepted by the seller;

12° The terms by which the buyer may submit a complaint to the seller for non-performance or poor performance of the contract, a complaint which must be sent as soon as possible, by any means enabling an acknowledgment of receipt to be obtained to the seller, and, where appropriate, reported in writing to the travel organizer and the service provider concerned;

13° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7° of article R. 211-4;

14° Cancellation conditions of a contractual nature;

15° The cancellation conditions provided for in articles R. 211-9, R. 211-10 and R. 211-11;

16° Details concerning the risks covered and the amount of guarantees under the insurance contract covering the consequences of the seller’s professional civil liability;

17° Information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as those concerning the assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;

18° The deadline for informing the seller in the event of assignment of the contract by the buyer;

19° The commitment to provide the buyer, at least ten days before the scheduled date of departure, with the following information:

1. a) The name, address and telephone number of the seller’s local representation or, failing that, the names, addresses and telephone numbers of local organizations likely to help the consumer in the event of difficulty or, failing that, the telephone number allowing emergency contact to be made with the seller;
2. b) For trips and stays of minors abroad, a telephone number and an address allowing direct contact to be established with the child or the person responsible for their stay on site;

20° The clause of termination and reimbursement without penalties of the sums paid by the buyer in the event of non-compliance with the information obligation provided for in 13° of article R. 211-4;

21° The commitment to provide the buyer, in due time before the start of the trip or stay, with the departure and arrival times. »

Article R. 211-7

“The buyer can assign his contract to an assignee who meets the same conditions as him to carry out the trip or stay, as long as this contract has not produced any effect.

Unless stipulated more favorably to the transferor, the latter is required to inform the seller of his decision by any means enabling him to obtain an acknowledgment of receipt no later than seven days before the start of the trip.

When it comes to a cruise, this deadline is extended to fifteen days. This transfer is not subject, under any circumstances, to prior authorization from the seller. »

Article R. 211-8

“When the contract includes an express possibility of revising the price, within the limits provided for in Article L. 211-12, it must mention the precise methods of calculating, both upwards and downwards, price variations, and in particular the amount of transport costs and related taxes, the currency(ies) which may have an impact on the price of the trip or stay, the part of the price to which the variation applies, the rate of the currency(ies) used as a reference when the establishment of the price appearing in the contract. »

Article R. 211-9

“When, before the buyer’s departure, the seller finds himself forced to make a modification to one of the essential elements of the contract such as a significant increase in the price and when he ignores the obligation to provide information mentioned in 13° of article R. 211-4, the buyer may, without prejudging any recourse for compensation for damage possibly suffered, and after having been informed by the seller by any means enabling an acknowledgment of receipt to be obtained:

-either terminate your contract and obtain immediate reimbursement of the sums paid without penalty;

-either accept the modification or replacement trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums remaining due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of his departure. »

Article R. 211-10

« In the case provided for in Article L. 211-14, when, before the buyer’s departure, the seller cancels the trip or stay, he must inform the buyer by any means enabling him to obtain an acknowledgment of receipt; the buyer, without prejudging any recourse for compensation for any damage suffered, obtains from the seller immediate reimbursement and without penalty of the sums paid; the buyer receives, in this case, compensation at least equal to the penalty he would have incurred if the cancellation had occurred on his behalf on that date. The provisions of this article in no way prevent the conclusion of an amicable agreement aimed at the acceptance, by the buyer, of a substitute trip or stay proposed by the seller. »

Article R. 211-11

“When, after the buyer’s departure, the seller finds it impossible to provide a majority of the services provided for in the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudging any recourse for compensation for damage possibly suffered:

-either offer services in replacement of the planned services, possibly bearing any additional price and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him, upon his return, the price difference;

-or, if it cannot offer any replacement services or if these are refused by the buyer for valid reasons, provide the buyer, at no extra cost, with transport tickets to ensure their return under conditions that can be deemed equivalent to the place of departure or to another place accepted by both parties.

The provisions of the present article apply in the event of non-compliance with the obligation set out in 13° of article R. 211-4. “