|
|
General
conditions of sale
Decree no. 94-490
of 15th June 1994, in accordance with law no. 92-645 of 13th July 1992,
stipulating the trading conditions relating to the organisation and sale
of holidays or travel.
ARTICLE 95 :
unless exempted by the second paragraph (a and b) of article 14 of the
law of 13th July 1992, stated above, any offer or sale of travel or holiday
services must provide the appropriate documentation, which fulfils the
criteria set out herewith. In the case of sale of air travel tickets,
or tickets for other scheduled, unaccompanied travel, the vendor must
surrender to the customer all tickets required for the entirety of the
journey and issued by the transporting company (or under its responsibility).
In the case of chartered transport, the name and address of the transporter,
on whose account the tickets are issued, must be mentioned. Billing individually
for various services included in a tourist package means that the vendor
is not subject to the conditions laid down herewith.
ARTICLE 96 :
prior to completion of the deal, and supported by written evidence listing
his business name, address and the indication of his trading authorisation,
the vendor must provide for the customer all information concerning the
price, dates and other details concerning the service included in the
holiday, such as:
1 - the destination, and the type and category of transport to be used;
2 - the type of accommodation, its situation, its level of comfort and
main characteristics, its tourist grading on the scale used in that country;
3 - meals included;
4 - a description of the itinerary if the holiday is a tour;
5 - notice of the administrative and health formalities which must be
observed, especially if travelling abroad, and of the time required to
complete these formalities;
6 - visits, excursions and other services included in the package, or
available upon payment of a supplement;
7 - the minimum and maximum number of participants required for the holiday
to go ahead, and, if the holiday depends upon a minimum number of participants,
the date by which the consumer must be informed of the cancellation of
the trip; this date must be at least twenty-one days before the departure
date;
8 - the sum, or percentage of the total cost, remaining to be paid in
order to complete the transaction, as well as the date by which this amount
must be paid;
9 - any possible changes of price allowed for by the contract, in accordance
with article 100 of this decree;
10 - cancellation conditions incurred within the terms of the contract;
11 - cancellation conditions laid down by articles 101, 102 and 103;
12 - precisions as to the risks insured and the maximum claim within the
terms of the insurance contract, covering the consequences of travel agencies’
professional civil responsibility, and the civil responsibility of non
profit-making associations and organisations, and the civil responsibility
of local tourist offices;
13 - information concerning the option to purchase an insurance policy
covering the consequences of certain types of cancellation, or an assistance
scheme covering certain risks, in particular the cost of repatriation
in the case of accident or illness.
ARTICLE 97 :
once this information is supplied to the customer, the vendor is legally
bound by it, unless he has previously reserved the right to modify certain
elements. In this case, the vendor must indicate clearly which modifications
could be made and to what extent.
In all cases, any modification made to the above information must be communicated
in writing to the customer before the completion of the transaction.
ARTICLE 98 :
the contract entered into by vendor and customer must be in written form,
and signed by both parties. There must be two copies, of which one is
given to the customer. The following clauses must feature:
1 - the name and address of the vendor, his insurance agent, and the name
of the holiday organiser;
2 - the destination(s)
of the holiday, and in the case of split locations, the different periods
and the dates;
3 - the type and category of transport used, the dates, times and points
of departure and return journeys;
4 - the type of accommodation, its situation, level of comfort and main
characteristics, its tourist rating on the scale used in that country;
5 - the number of meals provided;
6 - the itinerary, in the case of a tour;
7 - visits, excursions and other services included in the price of the
holiday;
8 - the total cost, and an indication of any possible changes to this
cost, in accordance with article 100;
9 - an indication, if necessary, of any taxes due, such as airport tax,
tourist tax if not included in the price;
10 - the timescale and options for payment; in any case, the last payment
made by the customer must not constitute less than 30% of the cost of
the holiday, and must be made upon reception of the documents enabling
the customer to travel;
11 - any special conditions required by the customer and accepted by the
vendor;
12 - the means by which the customer can make claims to the vendor, which
must be made as soon as possible, via registered post and with a receipt
of delivery form from the vendor. The organiser must also be notified;
13 - the final date by which the customer will be informed if the holiday
is cancelled by the vendor, in circumstances where the minimum number
of required participants has not been reached, in accordance with article
96 above;
14 - the cancellation conditions set out by the contract;
15 - the cancellation conditions set out by articles 101, 102 and 103
below;
16 - information concerning the risks insured and maximum claims guaranteed
by the insurance policy covering the professional civil responsibility
of the vendor;
17 - information concerning the insurance policy covering certain types
of cancellation held by the vendor (policy number and name of the insurer),
as well as information concerning the insurance policy covering specific
risks, stating at least the risks covered and those not covered;
18 - the deadline for the breaking of the contract by the customer;
19 - the promise that the vendor will send to the customer, at least ten
days before the departure date, the following information:
a) the name, address and telephone number of the vendor’s local
representative, or, if none is available, the names, addresses and telephone
numbers of any local organisations able to provide assistance in case
of problems, or a telephone number for contacting the vendor in the case
of an emergency;
b) for holidays abroad taken by minors, a contact telephone number and
permanent address where the child or a responsible adult can be reached.
ARTICLE 99 :
the customer may transfer his contract to a third party who fulfils the
same terms as himself and will undertake the holiday, as long as the contract
has not yet come into effect.
Unless the contract states otherwise, the customer in this case is obliged
to inform the vendor of this decision, via registered post and with a
receipt of delivery, at least seven days before the departure date. If
the holiday is a cruise, fifteen days must be allowed. This transferral
is in no case subject to the prior authorisation of the vendor.
ARTICLE 100
: when the contract includes a deliberate provision for the price
to be altered within certain limits laid down by article 19 of the law
of 13th July 1992, it must mention the precise calculations which could
cause the price to vary (either upwards or downwards), and especially
any transport costs or taxes which may alter as a result, or the currencies
which may affect the cost of the holiday or of transport, the part of
the price which may be subject to variation, and the rate and currency
used as a reference when establishing the price figuring on the contract.
ARTICLE 101
: when, before the customer’s departure, the vendor is
obliged to modify an essential part of the contract, such as a significant
increase in price, the customer can, without affecting his statutory rights,
and having been informed by the vendor via registered post with registered
delivery receipt:
- either surrender the contract and obtain an immediate, full reimbursement
of any money paid;
- or accept the change, or an alternative holiday offered by the vendor;
an addendum to the contract, stating the changes, is then signed by both
parties. Any deduction in price is therefore applied to any outstanding
sums owed to the vendor, and if the amount already paid exceeds the total
sum due, the excess must be repaid by the vendor before the customer’s
departure date.
ARTICLE 102
: in the case dealt with in article 21 of the law of 13th July
1992, the vendor cancelling the holiday must inform the customer via registered
post with receipt of delivery. The customer, without prejudicing his statutory
rights, obtains the immediate and full reimbursement of all money paid;
the customer receives, in this case, compensation at least equal to the
fee he would have incurred had he been the one to cancel the holiday.
The dispositions of this article are in no way meant to pose an obstacle
for the amicable resolution of such a situation in which the customer
accepts a substitute holiday suggested by the vendor.
ARTICLE 103
: when, after the departure of the customer, the vendor finds
himself unable to provide a significant part of the service stated in
the contract, representing a significant part of the cost incurred by
the customer, the vendor must immediately take the following steps, without
prejudicing his statutory rights:
- either offer replacement services, incurring any eventual added costs
himself, and if the replacement accepted by the customer is of a lower
quality, the vendor must reimburse the difference in full upon the customer’s
return;
- or, if he cannot offer a replacement, or this replacement is refused
by the customer for valid reasons, he must provide, at no extra cost to
the customer, travel tickets for a return to the place of departure or
to another destination deemed suitable by both parties.
special conditions of sale
Reservations
Reserving one of our holidays implies the acceptance of the general conditions
governing the operations of all travel agents, and our own special conditions,
our responsibility in no case exceeding the obligations of our subcontractors
and professional guarantors.
Each reservation must be accompanied by the sum of at least 25% of the
total cost of the holiday, and the outstanding sum must be paid by, at
the latest, one month before departure, as is stated on our contracts.
If a reservation is made less than one month before departure, the total
cost must be paid upon reservation. The CRTB/Formules Bretagne does not
give credit, and any payment which defaults will result in the cancellation
of the holiday and the incurring of a cancellation fee, as set out in
the paragraph headed CANCELLATION.
If you have specific wishes, you may inform us when reserving, but we
cannot guarantee them (cots, television etc). We are not responsible in
the event of these wishes not being met.
Animals are welcome only when declared and accepted at the time of reservation.
If we are not notified, our local representative reserves the right to
refuse them; the customer is still legally bound to the holiday.
PRICES
Prices are determined
on Dec. 1st 2000 and may be subject to change because of economic changes
or changes in regulation. Prices are therefore confirmed upon reservation.
It is the customer’s responsibility to ensure that the price is
still suitable before making his reservation.
Unless otherwise stated, the prices quoted include:
- for hotels : per
person, on the basis of accommodation in a double room occupied by two
adults, or per person in a single room, either full board or bed and breakfast.
Prices do not include drinks, guest tax or extras. Reductions for children:
see individual hotel information.
- for hired accommodation: per house/apartment. The occupation of the
home is strictly limited to the number of people indicated in the brochure.
An equipped apartment generally includes: crockery, basic equipment (small
refrigerator, two hot plates), blankets, pillows and/or bolsters. Any
extra equipment is specified in the individual descriptions. The customer
will not necessarily occupy the exact building shown on the photograph.
- for health centre
stays: price per person per day, or a six-day package (4 sessions per
day) or a weekend deal.
The price does not include medical consultations, drinks, nor supplements
linked to specific diet programmes.
When reserving, you
must state the numbers in your group and their age. If you exceed this
number, the local representative has the right to refuse you access and
you will incur accommodation costs (and organisation) for any extra people.
Arrivals
Unless a special agreement has been made, arrivals and departures must
take place during the normal hours stated. Arrival: usually late afternoon.
Departure: late morning.
Upon arrival, the customer must check the inventory and the cleanliness
of the accommodation and inform the local representative immediately of
any shortcomings. No subsequent claim will be accepted, because of the
impossibility of checking once the customer has been in occupation.
Deposit
A deposit is payable, on arrival, and is returned after the inventory
has been checked upon departure, or by post within one month. (If the
accommodation includes a telephone, the deposit will be returned once
the telephone bill has been received). The customer cannot ask the local
representative to check the inventory outside the normal hours.
The customers will advise the agency not less than 24 hours in advance
of their time of departure time. It is the responsibility of the customer
to ensure that the accommodation is left in a perfectly clean condition.
If the cleaning has not been done, charges will be deducted from the deposit
at the rate of professional cleaning agencies.
It is the customer’s responsibility to obtain from the manager the
deposit, and to pay for any damages, cleaning costs, guest taxes and energy
consumed, without CRTB/Formules Bretagne being held responsible or having
to intervene. Any litigation over this issue will therefore be limited
to those concerned.
The customer will be required to take out holiday insurance, but will
be exempted from this if he can send to the agency, prior to departure,
proof of insurance guaranteeing at least the same degree of cover. CRTB/Formules
Bretagne declines all responsibility in the case of insurers countering
tenants’ claims for accidental damage.
Local disturbances
Neither the travel agent, nor CRTB/Formules Bretagne, nor the management
on site can be held responsible for chance events which might disturb,
interrupt or prevent your holiday (extreme weather conditions, or building
works).
Litigation
All claims must be written and sent, registered, to the agent who sold
the holiday, as quickly as possible, and at the latest within 15 days
of your return.
Cancellation
All cancellations must be signalled immediately to the agent, and incur
the following charges:
- cancellation more than 45 days before departure date: a fee of 100FF
per person will be retained
- between 45 and 30 days before departure: 25% of the total cost will
be retained.
- between 29 and 8 days before departure: 50% of the total cost will be
retained.
- between 8 and 3 days before departure: 75% of the total cost will be
retained
- between 2 days and the day of departure, and any customer who fails
to arrive: 100% will be retained.
A holiday which is
interrupted, or any service not used, by the customer, for whatever reason,
cannot be reimbursed.
For cancellation charges
for ‘walking’ and ‘river’ services, see the corresponding
brochures.
Prices indicated do
not include cancellation insurance
CRTB/Formules Bretagne can offer a cancellation insurance policy for 4%
of the total cost (Concorde company), which will compensate you in clear-cut
cases (serious illness, accident or death, repatriation) occurring during
your stay, and which will cover you for civil responsibility and legal
aid.
Holidays in the four
regions of Brittany are managed by the CRT Bretagne and agents in Brittany.
Those in the Loire-Atlantique region are under the control of the Loire-Atlantique
Leisure and Tourism service.
COMITE REGIONAL
DU TOURISME DE BRETAGNE
Headquarters: 1 rue Raoul Ponchon - Rennes
Authorised local tourist office no. AU 035960002
Insurance RCP: GAN - 7 boulevard Beaumont - Rennes
Financial guarantor : APS - 6 rue Villaret de Joyeuse - 75015 Paris.
Service LOISIRS
ACCUEIL LOIRE ATLANTIQUE
Headquarters: 2 allée Baco - 44000 Nantes
Association no SIRET 78599181 100023
Code APE 633 Z Authorisation no AU 04495003
Financial guarantor: APS.
FOR BOOKINGS :
0 800 085 7739
formules bretagne
CRT Bretagne: a local tourism organisation authorised
by order of the Prefect on 3rd June 1996
n°AU 035 96 0002
|
|