The travel contract "tourist package" is established between the organizer Intura and the customer
TRANSFER OF CONTRACT
In accordance with Article L. 211-11 of the Code du Tourisme, you have the option to assign the present contract as long as it has not produced any effect and up to 7 days of departure, warning the agency in reasonable time, to a person who fulfills the same conditions as you. You and the beneficiary of the assignment remain jointly and severally liable for the payment of the balance of the contract and the transfer fees that will be communicated to you.
Transfer of contract fee of 50 €uros / person, up to D-7 in the condition of there is NO change of type of room booking ( single / double / twin )
TRAVEL CONTRACT SIGNATURE
By accepting our general conditions of online sale, the customer accepts and signs the travel contract.
The customer, acting both for himself and for the account of other registered travelers, certifies having taken knowledge of a travel contract meeting the requirements of Article R. 211-4 of the Code of Tourism, special conditions for the sale of travel and of the standard information form, having read the information related to the political and health situation of the chosen destination in the advice-to-travelers section of the website https://www.diplomatie.gouv.fr/fr/conseils- aux-voyageurs/ (more specifically concerning the sub-headings "country risk" and "health") to consult regularly until departure, to have read the program of the organizer, as well as the conditions of guarantee of the subscribed insurances and the document informing it to verify that the customer is not already covered for any guarantees subscribed, and the standard information form completed online.
If, after having chosen a travel service and having paid for it, the client reserves additional travel services for your travel or vacation stay through Intura, the client will NOT benefit from the fees applicable to the packages under Directive (EU) 2015/2302 and Article L.211-2 of the French Tourism Code
CONFIDENTIALITY - RGPD
If the customer does not wish to be the subject of commercial prospection by telephone or email, he can register for free on a list of opposition to canvassing via www.bloctel.gouv.fr
The person entering into this agreement agrees to transmit his data for the purpose of performance and guarantees that he has obtained the consent of other travelers for the same purpose.
The person concluding this contract agrees to transmit his data for the purpose of receiving our promotions and solicitations (via e-mails, SMS messages, telephone calls and postal mails):
The data are kept for a period that does not exceed the duration necessary for the following purposes:
• Trip booking: the data necessary for the processing of your order will be kept for the duration necessary for the establishment of a right or a contract
• Commercial relationship: the data will be kept (at the latest) 3 years after the end of the commercial relationship.
In accordance with the legislation in force, you have a right to access, rectify, delete and port your personal data and a right of objection for legitimate reason to their treatment.
To exercise these rights, you must send a letter to the following address: Intura 30 Boulevard Paul Floret 84000 Avignon France or an email to: firstname.lastname@example.org
Non-French nationals are invited to consult the consulate or embassy of the countries of destination.
Minors: We strongly recommend that you provide the unaccompanied minor with his legal representatives a copy of his family record book.
In accordance with articles L.211-12, R. 211-8 and R. 211-9 of the FRENCH Code du tourisme, the prices provided for in the contract can be adjusted upwards or downwards to take account of variations in the cost of transport (fuel / energy) and hotels, royalties and taxes and exchange rates.
You will be informed of any increase in the total package price, at the latest 20 days before departure. This increase will apply in full to the portion of the price concerned.
For any increase above 8%, you will receive on a durable medium the details of the price variation, its consequences on the price of the package, the choice that you have to accept or refuse within a reasonable time and consequences of the lack of response.
1. BOOKING CONDITIONS
A booking of one of our trips implies that you fully accept Intura’s general booking conditions, governed by the application of French Law concerning the relationship between travel agencies and their clients, dated June 17th, 1994. It also implies that you accept the following booking conditions.
All trip bookings must be made with a deposit per booking of:
- 20% minimum of the total of a trip on our web trip catalogue
- 50% minimum of the total of a tailor-made trips
- If a hotel requests a booking prepayment, Intura reserves the right to ask for an extra deposit in supplement
- In the case of a booking made less than 60 days from the trip departure, the total trip price must be paid upon the booking request.
Deposit can be paid on-line (secured payment) on our website with Visa-Mastercard-American Express credit card, by Paypal, or by bank transfer ( bank fees at the client’s charge)
- Once the deposit paid and your booking request done, we will check the availability of all services : hotels, transfers, restaurants, bikes, extensions ..
- A reservation is considered definitive and confirmed, once the booking confirmation is sent to the client by Intura by e-mail. The written statements included in the confirmation are considered as accepted by both parties.
The customer acknowledges having read all the necessary information for the decision and choice of destination, particularly on issues related to security and country risk
2. BALANCE PAYMENT
- The balance of the trip price is due at least 60 days before the trip departure.
- In the case of a booking made less than 60 days from the trip departure, the total trip price must be paid upon the booking confirmation.
- Failure to pay the owing balance within 60 days of the trip departure can result in Intura cancelling the reservation without reimbursing the deposit.
The prices on Intura’s website are in €uros, and are subject to availability : they indicate precisely “from – prices”.
The applicable and definitive trip prices are the ones confirmed by Intura by e-mail, further to the client’s booking request and deposit payment.
4. HEALTH INSURANCE & REPATRIATION ASSISTANCE
- It is your responsability to subscribe to a multi-risk insurance, including: rescue and repatriation, medical costs, bike damages & theft, luggage theft, etc.
- Intura proposes a REPATRIATION insurance contract to each client on its website, which covers the costs repatriation in case of accident or illness.
5. TRIP MODIFICATION MADE BY THE CLIENT
The Traveler may cancel the contract if exceptional and unavoidable circumstances arise in the immediate vicinity of the place of the stay and having a significant impact on its progress or the transport of passengers to the destination. The final customer then gets full refund of the price of the stay but can not claim damages.
Example: Climatic event making it impossible or significantly disturbing the course of a stay in a specific region.
NB: The assessment of the occurrence of these circumstances will be based on objective factors.
A) TRIP DATE MODIFICATION
We will re-organize your trip booking according to your new departure date request. Any trip departure date change will imply the following charged fee:
- More than 60 days before the trip departure incurs a cost of 60 €uros per person
- From 60 days to 30 days before the trip departure incurs a cost of 100 €uros per person
- From 29 days before the trip departure, it is considered as a cancellation, and the cancellation penalties will apply
- If Intura is charged cancellation fees by our service providers (hotels-taxis-restaurants-wine session ..) Intura reserves the right to charge these cancellation penalties to the client.
B) TRIP MODIFICATION - TRIP CHANGE
- Any trip modification or trip change made by the client more than 60 days before the trip departure incurs a cost of 60 €uros per person / per trip modified.
- If the modification occurs at 60 days or closer to the trip departure, it is considered as a cancellation, and the cancellation penalties will apply.
- If Intura is charged cancellation fees, Intura reserves the right to charge these cancellation penalties to the client.
C) MODIFICATION OF THE ACCOMMODATION SELECTION
- Any modification of the accommodation ( Simple - Comfort - Charming - Prestige ) selection made by the client
* AFTER his initial booking request
* more than 60 days before the trip departure
* incurs a cost of 50 €uros per person modified.
- If the accommodation change implies an extra charge by the hotels, it will be charged in supplement to the client
D) MODIFICATION OF THE NAME OF ONE CLIENT
- Any name modification made by the client more than 60 days before the trip departure incurs a cost of 50 €uros per name modified.
- If the name change implies an extra charge by the hotel, it will be charged in supplement to the client
E) TYPE OF ROOM MODIFICATION
Any trip date change will imply the following charged fee:
- More than 60 days before the trip departure incurs a cost of 40 €uros per person
- From 60 days to 30 days before the trip departure incurs a cost of 50 €uros per person
- From 29 days to 21 days before the trip departure incurs a cost of 70 €uros per person
- Less than 20 days before the trip departure, it is considered as a cancellation, and the cancellation penalties will apply
- If Intura is charged modification fees by our service providers (hotels-taxis-restaurants-wine session..) Intura reserves the right to charge these cancellation penalties to the client, in supplement.
F) BIKE TYPE MODIFICATION
- More than 61 days before the trip departure incurs a cost of 20 €uros per bike
- From 60 days to 30 days before the trip departure incurs a cost of 30 €uros per bike
- From 29 days to 21 days before the trip departure incurs a cost of 40 €uros per person
- From 20 days to 1 day before the trip departure incurs a cost of 50 €uros per person
- As of day 1 of your trip, a bike change incurs a cost of:
* A fee of 60 €uros per bike change
* The extra delivery cost at the client’s charge
* The extra rental cost at the client’s charge
All extra cost & modification fee have to be paid immediately by the client
If the client does not paid immediately, Intura reserves the right to cancel the bike type modification
Keep in mind that:
- A bike change will depend on availability
- A last minute bike change (upon arrival in France, or during your trip) may cause a delay. Intura can not be held responsible for such a delay.
G) TRANSFER MODIFICATION
We do not charge any extra fee for a transfer modification, except if the modified transfer (nigh-time & week end fare) implies an extra cost due to the night fare & Sunday-bank holidays fare.
Keep in mind:
* The taxis working with us have busy schedules all along the season
* If you wish to change your transfer time at the last minute (we consider a last minute when we are informed less than 72 hours), we will do our best to match with your request.
* But it can happen – during the high season – that we are not able to satisfy your request
H) MODIFICATION MADE DURING THE TRIP
- For the GUIDED trips
Any program changes made upon the client’s request can be implemented only after the agreement of the guide and the whole group. In this case, all additional costs are at the participant’s expense.
- For the SELF-GUIDED trips
For any program changes made upon the client’s request : all additional costs are at the participant’s expense.
I) TRIP INTERRUPTION
- All trips that are interrupted or shortened by the client for whatever reason cannot lead to reimbursement of any kind. Additional costs incurred thereby by the participant will not be refunded.
Following medical repatriation assistance, the unused part of the program can be reimbursed by his insurance, according to the conditions of the signed contract.
6. CANCELLATION MADE BY THE CLIENT
If the client cancels the trip, he/she has to inform Intura of this cancellation as soon as possible by e-mail.
The cancellation date being the date of reception of this e-mail by Intura (French time: date & hour)
- If the authorities of the customer's country of origin prevent the trip, the trip will be reimbursed free of charge.
- If the authorities of the country of destination prevent the trip to the region where the stay takes place, the trip will be reimbursed free of charge.
- In the event of cancellation of the trip for health reasons : in the exceptional case of the invoicing of cancellation fees by the service providers, these will be invoiced to the customer
- From 60 days to 30 days prior to the trip departure:
For a trip on our catalogue on-line on our web site: 30% of the total trip price
For a tailor-made trip: 50% of the total trip price
- In both cases, the minimum cancellation fee must correspond to the minimum amount of the trip deposit
- From 29 days to 21 days prior to the trip departure:
50% of the total trip price
- Less than 20 days to the trip departure:
75% of the total trip price.
Extra cancellation fees :
- If Intura proposes & informs you of hotel/guest house bookings that are non refundable in case of cancellation.
Then the full cost of this non-refundable booking will be added to the cancellation conditions above
7. TRIP CANCELLATION / MODIFICATION MADE BY Intura
A) TRIP MODIFICATION
- Before departure, program changes (dates, times, routes, guides, accommodation, etc.) may occur because of organizational problems or safety issues.
Each participant is then informed by email.
- During the trip, program modifications due to logistical difficulties, path restrictions, safety issues, or any unexpected event may occur. Intura cannot be held responsible for such modifications. Clients will not be reimbursed or compensated as a result.
The agency now explicitly has the right to unilaterally modify an element of the travel contract if this change is minor. In this case, it is not necessary to offer the final customer the choice between canceling the stay and accepting the change.
Example: Change of a hotel by another hotel of equivalent category and located near the first as part of a circuit.
- On GUIDED trips :
The guide reserves the right to make changes to the program in order to ensure the group safety : because of weather, path restrictions, group fitness level, or other unforseen circumstances
B) TRIP CANCELLATION
For the guided trips:
If the number of confirmed participants in a group is less than the minimum required in the description of each trip, Intura reserves the right to cancel the trip. The participants will be notified of such a cancellation at the latest 45 days before the trip departure, by e-mail.
- Intura also reserves the right to cancel a trip due to unexpected or uncontrollable event due to force
majeure, social instability, path restrictions, strike, bad weather, or if in any way Intura deems the safety of participants to be compromised.
- In the case of such a cancellation the client will be refunded the deposit paid for the trip, or the total trip
cost if already paid. However, the client will not, under any circumstances, be entitled to additional compensation.
Intura cannot be held responsible for additional costs paid by the client in preparation of the trip (passport, airline tickets, etc.).
8. SPECIFIC SALES CONDITIONS OF THE SELF GUIDED TRIPS
These special terms and conditions supplement the general sales conditions. In case of contradiction, these special conditions shall prevail.
A) TRIP MODIFICATION
Before departure, or during the trip, program modifications due to logistical difficulties, path restrictions, safety issues, or any unexpected event may occur. Intura cannot be held responsible for such modifications. Clients will not be reimbursed or compensated as a result.
B) NUMBER OF PARTICIPANTS
According to the trip booked on our website
- allows booking of two people minimum (including 1 adult)
- and features a price / person on the minimum basis of 2 people sharing a room
- If a customer is traveling alone, the rate will be different: please contact us.
What is included and not included is indicated in the “Trip info” section of the trip details on our website.
D) DOCUMENTS PROVIDED BY Intura
Once the total balance of your trip is paid in full, Intura will send the participants a travel kit by regular post around 45 days before the trip departure:
- 1 travel kit from 1 to 2 participants, 2 travel kits from 3 to 4 participants, 3 travel kits from 5 to 6 participants
- For any extra copy of the road book requested, will be charged a fee of 50 €uros / road book or road map highlighted + postal fees
- A travel kit includes: a road book OR a road map with the highlighted itinerary, vouchers of all transfer-hotel-restaurant reservations.
The contents of our Roadbook – texts, itineraries and maps – remain the property of Intura , even after translation.
No portions of our Roadbooks may be reproduced without the expressed written consent of Intura.
- Despite all our care to update the description of our itineraries, there can be changes on the ground. Fallen trees and bad weather can alter way markings and paths, as can human factors: new agricultural or forestry paths, urbanization, road work, vandalism, etc.
- These factors can alter not only way markings but also walking routes, as well as the walking signs that indicate place-names and different directions.
Although we do our best to pupdate these directions, Intura can't be held responsible for these inacuracies
E) CANCELLATION OF THE TRIP MADE BY THE CLIENT, AFTER HAVING RECEIVED YOUR TRAVEL KIT & ROAD BOOK
If you have received your travel kit & road book before cancelling the trip, you must return the roadbook by registered mail
Failure to do so will result in an extra charge of 250€ / roadbook
9. SPECIFIC SALES CONDITIONS FOR WALKING/CYCLING DAY TRIPS
These special terms and conditions supplement the general sales conditions. In case of contradiction, these special conditions shall prevail.
No claim can be made by customers if they are not on time and Intura Provence can not be held responsible for their delay.
If the client is not on time at the departure point, Intura Provence will consider this as a "no show" and no refund can be claimed.
Intura Provence can not be held responsible for delays due to the traffic conditions, accidents on the public highway, path/road restrictions, bad weather, or for robbery or loss of personal effects or luggage on the client’s trip.
B) CANCELLATION FEES – FOR A CANCELLATION MADE BY THE CLIENT
- For cancellation on the same day of the DAY TRIP : no refund.
- For cancellation 1 day before the DAY TRIP : 40% of the tour price penalty will be applied
- For cancellation 2 days before DAY TRIP : 20% of the tour price penalty will be applied
- For cancellation more than 2 days before DAY TRIP : 50 €uros / reservation
C) CANCELLATION FEES – FOR A CANCELLATION MADE BY THE CLIENT
BECAUSE OF BAD WEATHER OR PATH/ROAD RESTRICTIONS
- For cancellation on the same day of the DAY TRIP : no refund.
- For cancellation 1 day before the DAY TRIP after 2PM French time: 40% of the tour price penalty will be applied
- For cancellation 1 day before the DAY TRIP at the latest at 2PM French time : no cancellation fees. 100% reimbursed
- For cancellation more than 2 days before DAY TRIP: 50 €uros / reservation
10. CIVIL LIABILITY
The retailer and the organizer are responsible for the proper performance of the services provided for in this contract and are obliged to provide assistance to the traveler in difficulty.
In the event of liability being incurred by the providers, the limits of compensation resulting from international conventions in accordance with article L. 211-17-IV of the Code du Tourisme will apply; failing this, and save for bodily injury, intentional or negligent damage, the potential damages are limited to three times the total price of the trip or stay
A) CIVIL LIABILITY
In accordance with regulations, Intura is insured for professional civil liability. However, Intura cannot be substituted for a traveler’s civil liability insurance, which each traveler must possess – on one of Intura ’s trips.
B) RISKS AND RESPONSIBILITY
Information contained on our website is to be used as a reference only. Intura reserves the right to modify that information at any moment.
In accordance with article 23 of the French Law of July 13th, 1992, Intura cannot be held responsible for the following circumstances:
- Delay or impossibility for a client to obtain the necessary travel documents.
- Loss of those documents.
- Unexpected or uncontrollable event such as a strike, social instability, weather, etc.
In light of the nature of our active trips - Guided trip
- Each participant must strictly follow the advice given in our detailed program and by the guide, or in the Road Book.
- Each participant must be conscious of risks incurred of all kinds, especially those related to active travel. Intura and Intura's guides cannot be held responsible for any consequences related to such risks.
- Intura and their guides cannot be held responsible for the carelessness of an individual or for several participants in a group.
- Participants under the age of 18 remain always under the responsibility of their parental authority or an adult designated by the parental authority, and will be accompanied by that parental authority or designate during the trip.
In light of the nature of our active trips - Self-guided trips: do not have guides.
- The trip cost includes a Road Book with a detailed description of the route as well as a detailed survey
map of the region in question, or a road map with the itinerary highlighted on it.
- Booking a self-guided trip implies that the participants have an adequate knowledge of map-reading and
orienteering. All participants must conduct themselves in a safe manner and follow the guidelines set in the Road Book.
- Intura cannot be held responsible for accidents caused by the carelessness of a participant.
Intura cannot be held responsible for an erroneous interpretation by the participant of the Road Book or the survey map.
- Self-guided trips imply the acceptance of a risk – as small as it may be – that natural and built landmarks have been modified and do not perfectly correspond to the Road Book or survey map.
- As a consequence, each participant, their family members and beneficiaries agree not to hold Intura or its partners responsible for accidents and incidents that may occur as a result of such modifications.
By paying the trip deposit, you certify that you do not have any physical condition or disability that would create a hazard for you or other travellers. Intura reserves the right to decline accepting or retaining any traveler whose health or actions during one of our trips impedes the operation of a trip or compromises the welfare or enjoyment of fellow travelers.
When a non-conformity is noticed on the spot, the traveler is obliged to report it to the contact below as soon as possible:
Name: Intura Provence
Address: 30 Bd Paul Floret 84000 Avignon - France
Tel: + 33 (0) 4 86 65 00 20
Failure to report a non-compliance on the spot may have an influence on the amount of any damages or price reduction due if reporting without delay could have avoided or reduced the customer's damage.
The traveler can also ask for help from the contact above in case of difficulty on site.
All complaints concerning trips must be addressed to Intura , within 15 days AT THE LATEST of the trip’s end date, by e-mail, and containing all pieces of justification.
After having submitted your complaint to the after sales service, or if no satisfactory reply or absence of a reply within 60 days, the customer can refer to
the Ombudsman of the Tourism and Travel, that is available on: www.mtv.travel.
The New FRENCH Tourism Code Reduces Traveler's Limitation Period to Make a 2-Year Claim
The traveler can enter the customer service of the retailer of any claim, at the following address: Intura, 30 Boulevard Paul Floret 84000 Avignon France by letter RAR or email to email@example.com accompanied by any proof.
If there is no satisfactory answer within 60 days or if the customer is not satisfied with the response received, the client can enter the Tourist and Travel Ombudsman free of charge, whose details and referral methods are available on the website. : www.mtv.travel .
If the sale is made online, the traveler can use the platform available on https://webgate.ec.europa.eu/odr to settle his dispute.
Information on the online dispute resolution platform:
Any requests for information and bookings are processed by computer. You have the right to access and to modify the information concerning you [article 34 of the Law “Informatique et Libertés” (freedom of information)]
13. PHOTOS / ILLUSTRATIONS
Photographs, maps and illustrations contained within this website are not contractual.
14. GENERAL CONDITIONS - FRENCH LAW
Exerpt of the décret n°94-490 of 15th June 1994.
If ever there should arise a problem that can not be dealt with together and that is not covered by the “terms and conditions” of this contract, you are in agreement that only French law can be competent, no matter where a trip is being run.
Our general terms and conditions of sale are in conformity with the provisions of decree n° 94-490 of June 15, 1994 in application of article 31 of Act n° 92-645 of July 13, 1992 establishing the terms and conditions of operations of businesses involved the organization and sale of travels and stays. In order to comply with the legal provisions, we reproduce articles 95 to 103 of this decree below.
A copy of French travel law :
"Conditions de vente des agents de voyage de la vente de voyages ou de séjours : Décret du 15 juin 1994."
Art. 95 - Subject to the exclusions specified in the second paragraph (a and b) of article 14 of the aforesaid Act of July 13, 1992, any offer and sale of travel and stay services requires the remittance of relevant documents meeting the rules defined hereby. In the case of sale of air tickets or standard airline tickets excluding the services related thereto, the seller delivers to the purchaser one or several tickets for the entire trip issued by the carrier or under its responsibility. In the case of transport on request, the name and address of the carrier for whom the tickets are issued must be indicated. Separate billing of various elements in the same tourist package price does not release the seller from its obligations under the present article.
Art. 96 - Prior to the conclusion of the contract and by means of a written medium bearing its company name, address and the indication of its administrative business authorization, the seller must provide the consumer with information on prices, dates and other elements as part of 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 situation, its level of comfort and its main characteristics, its certification and tourism classification corresponding to the regulation or customs of the host country;
3° the meals provided;
4° Description of the itinerary when it's a tour;
5° the administrative and health procedures to satisfy especially when crossing borders, and their times of completion;
6° the visits, excursions and other services included in the package price or possibly available with a price supplement;
7° The smallest or largest size of the group which permits realization of the travel or stay as well as, if realization of the travel or stay is subject to a minimum number of participants, the deadline provided for informing the consumer in the event of travel or stay cancellation; this deadline cannot be less than twenty-one days before departure;
8° the amount or percentage of the price to pay as an instalment upon conclusion of the contract and the schedule of payment for the balance;
9° the modes of price revision as specified by contract pursuant to article 100 of the present decree;
10° the terms and conditions of contract cancellation;
11° the terms and conditions of cancellation are defined in articles 101 102 and 103 hereinafter.
12° The specific information related to the risks covered and the subscribed amount of coverage, under an insurance contract, for the consequences of professional civil liability of travel agencies and of civil liability of non-profit associations and entities, and local tourist entities;
13° Information regarding optional subscription to an insurance contract covering the consequences of certain events of cancellation or to assistance contract covering certain specific risks, especially the cost of repatriation on grounds of accident or sickness.
Art. 97 - The prior information provided to the consumer binds the seller, unless the latter expressly reserved the right to change some elements therein. In such case, the seller must clearly indicate to what extent these changes may occur and in which elements. In any event, the changes made in the prior information must be transmitted to the consumer in writing before conclusion of the contract.
Art. 98 - The contract concluded between the seller and the purchaser must be established in writing in two copies, one of which is for the purchaser, and signed by the two parties. It must set forth the following provisions:
1° the name and address of the seller, its guarantor and insurer as well as those of the organizer;
2° the travel destination (s) and, in the case of a fragmented trip, the various periods and their dates;
3° The means, characteristics and categories of transport used, the dates, hours and locations of departure and return; 4° The type of accommodation, its situation, level of comfort and main characteristics, its tourist classification by virtue of the regulations or customs of the host country;
5° the number of meals provided;
6° the itinerary if it's a tour;
7° the visits, excursions or other services included in the total price of travel or stay;
8° the total price of services invoiced with the indication of any possible price revision by virtue of the provisions of article 100 hereinafter;
9° Specification, if necessary, of fees or taxes related to certain services such as touchdown, landing, boarding taxes in ports and airports, residence taxes when not included in the price of the service (s) provided;
10° The schedule and modes of payment of the price; in any event, the last payment made by the purchaser shall not be less than 30 % of the travel or stay price and must occur upon remittance of the documents allowing the travel or stay;
11° the particular terms and conditions requested by the purchaser and agreed to by the seller;
12° The methods according to which the purchaser may submit to the seller a complaint for non-performance or improper performance of the contract, which complaint must be sent as soon as possible by registered letter with an acknowledgement of receipt, and, when applicable, notified in writing to the travel organizer and to the provider of services involved;
13° the deadline provided for informing the purchaser in the event of a travel or stay cancellation by the seller if realization of the travel or stay is subject to a minimum number of participants, in accordance with the provisions of 7° of article 96 hereinabove;
14° the terms and conditions of contractual cancellation;
15° the terms and conditions of cancellation specified in articles 101, 102 and 103 hereinafter;
16° Specific information related to the risks covered and the amount of coverage, under insurance contract, for the consequences of professional civil liability of the seller;
17° Specifications regarding the insurance contract covering the consequences of certain events of cancellation subscribed by the purchaser (policy number and insurer's name) as well as those regarding the assistance contract covering certain particular risks, especially the cost of repatriation on grounds of accident or sickness; in such event, the seller must provide the purchaser with a document specifying at least the risks covered and those excluded;
18° the deadline for informing the seller in the event of contract assignment by the purchaser;
19° the commitment to provide to the purchaser in writing, at least ten days before the date scheduled for his departure, the following information:
a) The name, address and telephone number of the seller's local representative or, in the absence thereof, the names, addresses and telephone numbers of the local entities that may assist the consumer in the event of difficulty or, in the absence thereof, the call number enabling the seller to be reached in the event of an emergency;
b) For foreign travels and stays of minors, a telephone number and an address for direct contact with the child or the person on site in charge of his trip.
Art. 99 - The purchaser may assign his contract to an assignee who meets the same conditions to realize the travel or stay, as long as this contract does not produce any impact. Unless more favourably stipulated to the assignor, the latter must inform the seller of his decision by registered letter with an acknowledgement of receipt at least seven days before the beginning of the trip. If it's a cruise, this time is extended to fifteen days. In any event, this assignment is not subject to any prior authorization of the seller.
Art. 100 - When the contract provides the express right to revise prices, within the limits specified in article 19 of the aforesaid Act of July 13, 1992, it must set forth the specific modes of calculation, either upward or downward, of price variations, and especially the amount of transport cost and taxes related thereto, the currency which might have an impact on the travel or stay price, the fraction of the price to which the variation applies, the currency rate used as a reference when establishing the price stated in the contract.
Art. 101 - When, before departure of the purchaser, the seller is forced to make a change in one of the essential elements of the contract such as a significant price increase, the purchaser may, without prejudice to recourse in redress of possibly incurred damages, and after having been informed by the seller by registered letter with an acknowledgement of receipt:
- Either terminate the contract and obtain immediate refund of the sums paid;
- Or accept the change or the replacement travel proposed by the seller; an amendment to the contract specifying the changes made is then signed by the parties. Any price reduction comes in the form of deduction from the sums that the purchaser may still owe and, if the payment already made thereby exceeds the price of the service changed, such additional payment must be returned to the purchaser before the date of his departure.
Art. 102 - In the event specified in article 21 of the aforesaid Act of July 13, 1992, when, before departure of the purchaser, the seller cancels the travel or stay, it must inform the purchaser by registered letter with an acknowledgement of receipt; the purchaser, without prejudice to recourse in redress of possibly incurred damages, obtains from the seller immediate reimbursement without penalty of the sums paid; in such event, the purchaser receives an indemnity at least equal to the penalty he would have borne if cancellation was a result of his own act on that date. The provisions of the present article do not in any regard prevent the conclusion of an amicable agreement, the purpose of which is acceptance by the purchaser of a replacement travel or stay proposed by the seller.
Art. 103 - When, after departure of the purchaser, the seller is unable to provide a major part of the services provided in the contract which represents an appreciable percentage of the price honoured by the purchaser, the seller must immediately take the following steps, without prejudice to recourse in redress of possibly incurred damages:
- Either propose services in replacement of those specified, by possibly bearing any additional charge and, if the services accepted by the purchaser are of a lower quality, the seller must reimburse him, upon his return, the price difference;
Or, if unable to propose services of replacement or if they are refused by the purchaser, provide without additional charge, transport tickets to ensure his return under terms and conditions that may be considered equivalent, to the location of departure or to another location agreed to by the two parties.
Intura is a trademark company of Walk inn.
CGV updated on February 26th 2019