General conditions of sale
In accordance with current French legislation, the provisions of articles R.211-3 to R.211-11 of the French Tourism Code are reproduced below. They are applicable to the organization and sale of trips, holiday and tourist packages within the meaning of article L211-1 of the French Tourism Code.
Subject to the exclusions in the third and fourth paragraphs of Article L. 211-7, any offers and sales of travel and holiday services are subject to the provision of appropriate documents that meet the rules defined by this section.
In case of sale of airline tickets or travel tickets on a 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 its liability. In the case of transport on request, the name and address of the carrier, for whom the tickets are issued, must be mentioned.
Separate billing of various elements of a package does not release the seller from the obligations placed upon it by the regulatory provisions of this section.
The exchange of pre-contractual information or the provision of contractual terms are done in writing. They may be done electronically in accordance with the conditions of validity and exercising provided for in articles 1369-1 to 1369-11 of the Civil Code. The name or business name and address of the seller and the indication of its registration in the register mentioned in “a” of section L. 141-3 are mentioned or, if appropriate, name, address and the indication of the registration of the federation or union mentioned in the second paragraph of Article R. 211-2.
Prior to the conclusion of the contract, the seller must communicate to the consumer the information on prices, dates and other aspects of the services provided during the trip or stay such as :
1° The destination, the means, characteristics and categories of transport used;
2° The type of accommodation, the situation, its comfort and its main characteristics, its certification 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 circuit;
5° The administrative and health formalities required by national or by nationals of another Member State of the European Union or a State party to the Agreement on the European Economic Area in the event, especially, border crossing and their deadline for completion;
6° Visits, excursions and other services included in the package or others available at an additional price;
7° The minimum or maximum group size for the journey or stay, and, if the journey or stay is subject to a minimum number of participants, date consumer information limit in the event 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 schedule of the payment of the balance;
9° The price review procedures as specified in the contract pursuant to Article R. 211-8;
10° Contractual cancellation conditions;
11° Cancellation defined in Articles R. 211-9, R. 211-10 and R. 211-11 ;
12° 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, including repatriation in case of accident or illness ;
13° When the contract includes air transport services, the information, for each flight segment, under section R. 211-15 to R. 211-18.
Prior information given to the consumer binds the seller, unless within it the vendor expressly reserves the right to modify certain elements. The seller must, in this case, clear to what extent these changes may occur and on what elements.
In any case, changes to the prior information must be communicated to the consumer before the contract is concluded.
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. When the contract is concluded by electronic means, is made pursuant to Articles 1369-1 to 1369-11 of the civil code. The contract 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 trip and, in case of a holiday, the different periods and dates;
3° The means, characteristics and categories of transport used, dates and places of departure and return;
4° The type of accommodation, the situation, its comfort and its main features and tourist classification under the regulations or customs of the host country;
5° The meals provided;
6° The itinerary in the case of a tour;
7° Visits, excursions or other services included in the total price of the trip or stay;
8° The total price of services invoiced and the indication of any possible revision of this invoicing under the provisions of Article R. 211-8;
9° The indication, if there occurs, charges or fees for certain services such as landing taxes, of landing and boarding at ports and airports, tourist taxes when not included in the price of the service or services provided;
10° The timetable and terms of payment of the price ; the last payment made by the purchaser may not be less than 30 % the price of the trip or stay 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 seller;
12° The manner in which the purchaser may submit a complaint to the seller for breach or improper performance of the contract, the complaint must be addressed as soon as possible, by any means capable of producing a receipt to the seller, and, if appropriate, notified in writing, the concerned organizer of the trip and service provider;
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, in accordance with Article 7 of R. 211-4;
14° Contractual cancellation conditions;
15° The cancellation policy provided for in Articles R. 211-9, R. 211-10 and R. 211-11;
16° Details of the risks covered and the amounts guaranteed under the insurance contract covering the consequences of professional civil liability of the seller;
17° Information concerning the insurance policy covering the consequences of certain cases of cancellation subscribed by the buyer (policy number and name of insurer) as well as those regarding the assistance contract covering certain specific risks, including repatriation in case of accident or illness; in this case, the seller must give the buyer 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 the buyer, at least ten days prior to scheduled departure, the following information:
- Name, address and telephone number of the seller’s local representative or, failing, names, addresses and telephone numbers of local organizations likely to help the consumer in case of difficulty or, failing, the telephone number to establish urgently a contact with the seller;
- For travel and stays of minors abroad, a phone number and address to establish direct contact with the child or the person’s place of residence;
20° The clause of cancellation and refund without penalties of the sums paid by the buyer in case of non-compliance with the disclosure requirement under Article 13 of R. 211-4;
21° The commitment to provide the buyer, in due time before the start of the trip or stay, the times of departure and arrival.
The buyer may transfer the contract to a transferee who meets the same conditions as him for the trip or stay, as long as the contract has no effect.
Except conditions more favorable to the transferor, it must inform the seller of his decision by any means capable of producing a receipt no later than seven days before the start of the journey. In the case of a cruise, this period is extended to fifteen days. This sale is subject, under no circumstances, to prior authorization from the seller.
When the contract includes an express possibility of price revision, within the limits laid down in Article L. 211-12, it must mention the precise method of calculation, both in the increase or reduction, changes in prices, in particular the amount of transport costs and related taxes, the currency or currencies that may affect the price of the trip or stay, the part of the price to which the variation applies, the course of the currency or currencies used as a reference when establishing the price stated in the contract.
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 and when he ignores the information obligation mentioned in 13 ° of article R. 211-4, the buyer may, without prejudice to recourse for compensation for any damages suffered, and after having been informed by the seller by any means allowing him to obtain an acknowledgment:
-both terminate the contract and obtain without penalty the immediate reimbursement of the amounts paid;
-or accept the modification or substitution journey 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 shall be returned to him before the date of departure.
In the case provided for in Article L. 211-14, where, before the departure of the buyer, the seller cancels the trip or stay, he must inform the buyer by any means allowing him to obtain an acknowledgment ; the buyer, without prejudice to recourse for compensation for any damages suffered, obtains from the seller immediate reimbursement without penalty of the sums paid ; the buyer receives, in this case, an indemnity at least equal to the penalty he would have supported if the cancellation had been made on that date.
The provisions of this article do not in any way prevent the conclusion of an amicable agreement for acceptance, by buyer, a replacement trip or holiday offered by the seller.
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 damage suffered:
-either offer replacement services of those provided, bearing any additional charge and, if the services accepted by the buyer are of inferior quality, the seller must refund, as soon as he returns, The price difference ;
-whether, if he can not offer any replacement service or if these are refused by the purchaser for valid reasons, provide the buyer, 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.
The provisions of this Article shall apply in the event of non-compliance with the obligation under Article 13 of R. 211-4.
Articles R. 211-3 to R. 211-11 must necessarily be reproduced on brochures and travel contracts proposed by the persons mentioned in article L. 211-1.
The buyer can not claim the benefit of the clause under Article 20 ° R. 211-6 after the service is performed.
Special conditions of sale
Article 1 – Sale conditions object and scope
The aim of these terms is to define conditions under which the Agency supplies Clients who ask for it, through the Agency Website, in direct contact or through paper-based, trip or stay services within the meaning of article L211-1 of the Tourism Code or any other additional services, marketed under the brand “TRYVELL” alone or in a tourist package.
They apply, without limitations nor reserves, to all sales concluded by the Agency with the Client, whatever clauses might exist in the client’s documents and especially general purchasing conditions.
Purchasing Services as defined herein, implies entire adherence from the Client to these conditions of sale and acceptance of its whole provisions without reserve.
Article 2 – Interpretation et definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless whether they appear in singular or in plural.
The hereinafter words have the following meaning:
Agency: refers to TRYVELL company:
- French simplified limited company with a share capital of 3 000 Euros, registered at the RCS of COUTANCES under number 819 559 899, whose Registered office is located 7 rue Victor Dupont – 50240 SAINT-JAMES ;
- Registered as tour and holiday operators from Atout France 23 place de Catalogne 75014 Paris sous le numéro IM050160003 ;
- Groupama financial guarantee.
Client: refers to any person who acknowledges, book, order, buy, and/or enjoy one or several Services proposed by the Agency, but also any user of the Website.
Tourist package: in accordance with provisions of article L.211-2 of the Tourism Code, a Tourist package is a service:
- resulting from the previous combination of at least two of the three following services: a transport service, provision of housing, a tourist service not ancillary to transport or accommodation, but representing a significant part of the total price;
- exceeding 24 hours or including an overnight stay;
- sold or offered for sale at an inclusive price.
Service provider: refers to all suppliers of Services and especially, railways, airways companies, hotel companies, tour operators, car rental companies, assurance companies, and providers of regional products.
Service or Product: refers to any service sale by the Agency and especially travel services, stay, accommodation, rental car, tourist package, sales of regional product and any other additional services.
Website: refers to the Website accessible at the following address : http://www.tryvell.com/fr.
Article 3 – Prior information
Pursuant to article L.211-8 of the Tourism Code, the description sheets available on the Website are designed to inform Clients, previously to the order, of features of the Services proposed concerning the transport and the trip, prices and payment methods, cancellation conditions along with border crossing conditions.
When Services are not available on the Website and are ordered in direct contact or through paper-based, the Agency gives to the Client a description sheet concerning that Service pursuant to article L.211-8 of the tourism code.
In accordance to article R.211-5 of the Tourism Code, the Agency reserves the right to add modifications to information available on the Website, especially ones concerning prices, content of transport and trip services, airways identity as well as establishment and clothing dates of hotels.
Article 4 – Order of services
The Client who intends to reserve, order or buy a Service, admits having capacity to contract and especially being at least eighteen years of age, having legal capacity to contract and not being subject to any legal protection measures.
The Client insures truthfulness and accuracy of the information provided by him to the Agency.
4.2.Placing an order form:
- Order placing in the website:
The placing of an order takes the following form:
– the Client chooses one or more Product;
– he gives the information asked and necessary to reservation;
– he chooses the payment method for his order;
– he approves his order, the electronical contract is then validly concluded.
In the case of order of several Products for one single journey, it is up to the Client to verify coherence and feasibility of the various chosen Products.
- Custom-made services:
The Client can order custom-made Services in direct contact or through paper-based.
Placing of this order takes the following form:
– the Client submits his needs;
– the Agency proposes Services which are the most likely to suit the Client’s expectations and sends a complete description sheet mentioning the content of the Services concerning transport and trip, prices and payment methods, cancellation conditions along with border crossing conditions;
– the Client fills, dates and signs the copies of the reservation form and indicates information asked and necessary for the reservation;
– when the reservation form is received by the Agency, the contract is validly concluded.
The order, including whether the availability of Services is uncertain, binds definitely the Client who can cancel the contract only in compliance with the terms of article 6 of these Conditions.
If the Agency informs the Client of the unavailability of a service, the contract will be deemed withdrawn and the down payment potentially paid might be refunded.
When the availability of a Service is not certain and needs a confirmation from Providers, the Agency informs the Client from the risk of unavailability and the order will be confirmed in a 72 hours delay after the reservation by the Client.
Failing confirmation, the contract will be deemed as withdrawn.
4.4.Right of withdrawal:
The Client is reminded that the right of withdrawal is not applicable to accommodation services, transport, rental car, dining or any other entertainment services provided on a date or at specified intervals, in accordance to the dispositions of article L.121-21-8 of the consumer code.
The Agency can reserve Services on behalf of the Client directly to Providers.
In this case, the Client will be bind by the Providers’ terms and conditions.
These terms and conditions can be provided by the Agency if requested by the Client.
Article 5 – Prices and payment methods
All prices are in Euros, all taxes included.
Only benefits expressly mentioned in the description sheet are included in the price.
Unless specified otherwise in the description sheet, the following benefits are no included in the price:
- services fees;
- tourist taxes, personal expenses (tips, telephone, incidental provisions or others);
- vaccination costs;
- visa fees;
- optional tours and excursions and more generally any service not specifically included in the description sheet.
No refund or compensation could take place in case of interruption or cancellation or renunciation of any Services by the Client.
Any order of Services can be subject to service fees which are then mentioned in the description sheet.
Service fees are not refundable.
In accordance with article L.211-12 of the tourism code, the Agency reserves the right the change prices up to 30 days before the departure date to allow for variations increase or decrease in the terms and conditions of the mentioned article.
5.4.Payment methods :
- Order placing in the Website:
When the order is placed through the Website, the payment can be made by:
– credit card (Eurocard/MasterCard, Blue Carte, Visa, Visa Electron);
The payment has to be made at the time the order is placed.
- Custom-made order:
When the order is customized, the payment can be made by:
– bank transfer being clear that the cost of bank transfer shall be charged to the Client;
– credit card (Eurocard/MasterCard, Blue Carte, Visa, Visa Electron);
The payment has to be made at the time of the reservation.
6.1.Modification, cancelation or transfer from the Client initiative:
- Cancelation or modification :
An order is effective after the approval by the Client on the Website or at the date the Agency receives the reservation form.
When the availability of the Service is not certain, the order is effective after confirmation to the Client by the Agency of the availability of the trip.
6.1.1. Any cancellation by the purchaser’s initiative must always be addressed in writing to the Agency by means of registered letter within recorded delivery, fax or email.
The receipt date serves as a basis for levying cancellation fees.
6.1.2. For any cancellation or modification of any services order on line or by direct contact, assurance fees, visa fees, service fees will not be refunded.
6.1.3. Cancellation entails the following costs:
- processing fees : for any cancellation made more than 7 days prior to the departure, processing fees set at a lump sum of 25 Euros per files will be received in addition to cancellation fees and specifics fees;
- cancelation fees:
- more than 30 days prior to the departure: 15 % of the total price;
- from 30 to 21 days prior to the departure: 25 % of the total price;
- from 20 to 15 days prior to the departure: 50 % of the total price;
- from 14 to 8 days prior to the departure: 75 % of the total price;
- 7 days or less before the departure: 100 % of the total price.
- specific cancelation fees: specific cancelation fees mentioned in the data sheet are owed in addition to fees noted above.
In any case, the amount of cancellation fees due to the Agency shall not exceed the total amount billed to the Client.
6.1.4. Concerning the order of regional products or other articles and goods offered for sale on the Website, any possible changes asked by the purchaser will only be taken into account, within the Provider’s possibilities and at its sole discretion, if they are notified in writing at least 4 days before the fixed delivery date of the Products, after the Client signature of a specific purchase order form and price adjustment.
The Client can also choose for a total cancellation of his order, provided that the Client notifies the Agency in advance in a delay of 4 days before the fixed delivery date of the Products.
In the case of an order of an article is unavailable, the Agency reserves the right to cancel the order, provided to notify in advance the Client.
In the case of an order of several products, if one of these is unavailable, the Agency shall inform the Client of the impossibility to send the unavailable article.
The rest of the order will be treated and send to the Client in accordance to the delays announced in the Website.
The Client can also choose the cancel his entire order, subject to inform beforehand the Agency in writing.
6.1.5. Any modification of the stay on the spot, any trip shortened or any Service not consumed on the part of the Client, does not give rise to any refund.
6.1.6. The cancellation by the Client of one or serval registered Participants can lead, if needed, to a rate adjustment.
When it concerns a stay or an organized tour, the Client can transfer his contract to a third party who fulfill the same conditions, as long as the contract has not yet had any effects.
The Client can not transfer insurance contract.
The Client shall inform the Agency of his decision in writing more than 7 days prior to the departure, indicating precisely names and address of the transferee and of the participant of the trip, and justify that those fulfil the same conditions to make the trip.
Previously, the transferor or the transferee shall pay transfer fees set at a lump sum of 30 Euros per person.
The transferor or the transferee are jointly liable for the payment of any balance of the purchase price as well as additional costs arising from such transfer.
6.2.Modification and cancelation from the Client’s initiative:
6.2.1. Pursuant to the dispositions of article R.211-10 of the tourism code, if the Agency is forced to cancel the Service, it will inform the Client who will be refunded by the Agency of all the amount paid.
6.2.2. In case of cancellation imposed by circumstances of force majeure or motivated by protection of the Client’s safety or due to the willingness of a Provider, the Client is not entitled to any compensation.
Is meant by force majeure any event external to the parties presenting both an impermissible and insurmountable character which prevents from performing all and part of the obligations under the contract.
It is particularly the case for strike, rebellion and disturbance, any proscription order of an administrative or executive authority, climatic conditions, geographical sanitary or politics liable to endanger Client’s life.
6.2.3. Descriptions can mention a minimum number of participants under which the Provider reserves the right not to provide the Service. In this case, the Agency shall notify the Client in any manner at least 21 days before the scheduled departure date.
The Client will be refunded all the sums paid.
The Client is not entitled to any compensation
In certain case, the Service can be maintained despite the lack or insufficiency number of participants requiring an additional price asked to the Client.
6.2.4. Payments not made by the due date fixed in article 5.4, will compelled the Agency to cancel the Service.
This cancellation will be made in accordance to the conditions fixed in article 6.1.
6.2.5. If substantial elements of the Service have to be subject to modifications, the Agency shall notify the Client in any manner and propose either to cancel the Service without additional costs or subscribe to a new Service.
The Client has to notify his choice as soon as possible.
Article 7 – Regional products sale and other product on the website
Delivery times are only given for information and indication, those depend especially on manufacturing conditions of the Products, availability of the transporters and priority of arrival orders.
The Agency endeavors to adhere to the delivery times indicated at the time of the order acceptance.
The Agency is not liable for any a delay or suspension of the delivery which are attributable to the Client or force majeure, or in case of circumstances beyond reasonable control such as, but not limited to, strike, freeze, fire, storm, flood, epidemic, supply difficulties.
Any delay of delivery compared to the times announced, will not justify a cancellation of the Client’s order registered at the Agency.
- Place of delivery:
The Products will be delivered directly to the Client, products travelling under the risks and dangers of the Client.
The Client can select different modes of shipment and choose the delivery to his own residence, to a point of relay or to a collective address.
The collective address is a permanent domiciliation address of an establishment such as the Client’s accommodation during the trip.
In the case of a delivery to a collective address or a point of relay, the Client recognizes that the Agency’s Service for the shipping of the order stops at the effective delivery to the mentioned address at the time of the order, even if the Product is received by a third person.
- Product’s delivery:
The Client is required to verify the apparent good condition of the Products at the time of the delivery.
If lack reserves formulated in writing and accompanied by a delivery slip within 5 days of the reception of the Products by the Client, the Products delivered by the Agency will be deemed as complying with the quantity and quality order.
No claim will be duly accepted in case of disregard of these formalities by the Client.
The Agency will replace at the earliest opportunity and at its expense, the Products shipped for which the lack of conformity is duly proved by the Client.
The Client recognizes that it is up to the transporter to achieve the delivery, the Agency being deemed to have fulfill its delivery obligation as soon as the Products has been given to the transporter which has accepted it without reservations.
The Client has no recourse against the Agency in case of both absence of the Products’ delivery and damages caused during the delivery or the unloading.
7.3.Discounts and allowances:
The Client can benefit from discounts and allowances announced in the price list of the Agency depending on the quantity acquired or delivered.
The Client can benefit from reduction, which the amount is defined by the Agency, in case of defect or lack of conformity of the order.
7.4.Agency’s liability for the sale of regional Products or other products:
The Agency will not be liable for failure to perform or delay in performing any obligations described in the contract in case of force majeure or fortuitous event.
In any case, if the Agency was eventually held liable, the damages will be limited to the net amount paid by the Client for the shipping of the Products.
Article 8 – Insurances
No insurance is included in the prices of the Services offered.
Article 9 – Liability
In any case, the Agency will not be held liable for circumstances due to force majeure, caused by a third party with the supply of Services determined in the contract or by negligent performance of the contract attributable to the Client.
The Agency can not be held liable for collateral damages.
The Agency can not be held liable for the performance of Services purchased on the spot by the Client and not provided in the description.
Article 10 – Complaints
The Clients can comment the quality of the trip as soon as possible in writing.
Any claim shall be related to contractual elements of the order and especially of the negligence or breach of performance of the contract, excluding subjective appreciations.
The eventual damages granted for a claim related to the Services shall only be based on the price of these services.
In the absence of a satisfactory answer, the Client can raise his claim in front of the French Tourism Mediator (Médiateur du Tourisme et du Voyage) whose contact details and proceedings are available on the website: www.mtv.travel.
Article 11 – Data protection
The information collected from participants may be subject to a treatment by the Agency as well as by the Providers, in order to organize and perform the orders.
In order to perform the Client’s order, those information can be communicated to the partner’s Agency, the Providers of the Services order, to the Client’s bank and payment systems organizations selected by the Client or commercial partners.
In accordance with the French law 78-17 of 6th January 1978, called « Computer and freedoms » (Informatique et Libertés), the Client has the right to access, rectify and delete all data concerning him.
He can exercise it by addressing a letter to the Agency in the condition that he can proves his identity.
Article 12 – Evidence
It is expressly agreed that the data stored in the information system of the Agency has probative value as to orders and execution obligations relative to the use of the Website.
They can be produced as evidence in any litigation or other under the same conditions and with the same value as any other documents written.
Article 13 – Choice of applicable law
Those Terms and conditions are subject to French law and in particular to the French tourism code.
Any dispute concerning the interpretation or the performance of the Terms and Condition shall be under the exclusive French jurisdictions.
Those Terms and conditions have been translated. In case of dispute, the original French text shall prevail.