GENERAL CONDITIONS OF SALE
GENERAL CONDITIONS OF SALE OF THE RESERVATION CENTRE - IBERIMO.COM
These General Terms and Conditions of Sale set out all the conditions for the sale of Stays via the IBERIMO-CALL HYBRID website (hereinafter referred to as the "Centre"), registered in the SAINT-ETIENNE Trade and Companies Register under no. 484 797 659 00014, whose registered office is located at 12 Fontclauze, 42240 CALOIRE (France) - Intra-Community VAT no. FR15484797659
Financial guarantee: Professional tourism Solidarity Association, collective guarantee structure by the law 92-645 from July 13th 1992, 15 Carnot Avenue – 75017 PARIS – FRANCE
Public Liability insurance: Allianz IARD, 1 cours Michelet CS 30051 92076 Paris La Défense Cedex, FRANCE. Policy No. 5359771
The booking and the payment of the stays next to the agency, even if operations are paid on the website, by email or by phone, involve the acceptation of the client without reservation of these general conditions of sale.
When the client proceeds to the booking of his stay through the website, the access and the use of the website by the client involve the acceptation without reservation of the general conditions of the website, available for consultation under the section “legal notices”
Each expression below will have its own meaning in the definition given, that is to say:
“Centrale”: The IBERIMO website, which is identified in the article 1.1 of these general conditions of sale;
“Client”: Natural person, who buys a stay next to the agency and who is identified in these conditions;
"Host": Accommodation provider (hotel, furnished accommodation, gîte, etc.) offering the accommodation selected and booked by the Clientt ;
"Stays": means the accommodation services of different categories in Spain, which the Customer may select and reserve with the Centrale.
“Website”: refers to the website of the Agency, accessible under the link www.iberimo.com
3. CONTRACTUAL DOCUMENTS
1. Contractual documents are in descending order:
- The conditions include also the following information:
- The dates and the places of the stay,
- Kind of accommodation, its level of comfort and its main features,
- The total price and the method payment,
- The benefits, license fees and tax not included in the price of the stay,
- The specific conditions requested by the client and accepted by the agency.
These conditions are sent to the client by email, conform to the article 4.3, they include ‘référentiel de conformité’ of services offered by the agency, and the stay sold to the client.
- These general conditions
2. These documents include the entire obligations of the parties and make up an inseparable contract, conform to the law No. 92.645 of July 13th 1992 and its implementation decree No. 94.490 of June 15th 1994, which sets the conditions for conducting activities regarding organization and selling of travels and stays.
In the event of a contradiction between any of these documents, and unless otherwise stipulated, the document of higher rank shall prevail for the interpretation of the obligation in question.
Except as expressly agreed between the Parties, no other general or specific conditions contained in the documents sent or delivered by the Parties may be incorporated into this Agreement.
3. Conform to the article 104 of the implementation decree No. 94.490, the articles 95 to 103 of the decree are repeated in these general conditions of reservation.
4. DESCRIPTION IBERIMO SERVICES AND RESERVATION MODALITIES
1. The agency offers reservation of accommodations of different categories in Spain, as listed in the website.
The descriptions of the accommodations are the faithful reproduction of the descriptions provided by our suppliers and entail only their responsibilities, except for a transcription error from our part. If, despite our various precautions, your rent don’t correspond to the description given, “Iberimo” as a service intermediary, cannot be held responsible for any fault (due to concealment, omission, hidden defect, etc. .) of the owner or correspondent. Likewise, “Iberimo” acting as an intermediary cannot be held responsible if modifications affecting the rented property or its environment hadn’t been brought to its attention by the owners or the local agencies before the date of booking and the reception into places.
In some residences, in reason of the large number of apartments, which are rented out, the photos are given as examples. The facade of the building is that of the chosen reference, but the tenant can be assigned an apartment overlooking another facade. Likewise, the inside photos are those of an accommodation in the residence taken at random, so they are not contractual. Ditto for the inside equipment appearing in the photos, they are not necessarily those which equip the accommodation during the rental time.
- In the case of nominative accommodation, the photos are those of the property concerned, however it’s possible that some equipment appearing in the photos is not available for the rent, the equipment made available to tenants is contractually those mentioned in the description.
- When indicated as satellite TV, the satellite don’t necessarily broadcast in English, but often in the owner's language, the fact that it’s notified English channel generally implies at least one TV5 Monde. Regarding the internet aspect, Iberimo cannot be held responsible for the quality of the speed, fluctuating due to weather conditions and overloading of the network.
- The furnishings of the Accommodation may also not correspond in every way to that shown in the photos, Iberimo guarantees that the Accommodation contains as many beds as the maximum number of Holidaymakers provided for this Accommodation. However, the type of bed shown in the photos (double beds, single beds, bunk beds, sofa beds) cannot be guaranteed.
Using Accommodation to its full capacity may result in less comfort, which the Client expressly acknowledges and accepts.
- If the description mentions the presence of garden furniture, Iberimo don’t guarantee that this furniture will correspond to the maximum number of Holidaymakers provided for this Accommodation.
- If the description mentions the presence of air conditioning, the latter can be in the whole of the accommodation or partial in 1 or more rooms.
- Regarding kitchen utensils, some countries don’t have the same customs that we have in England, therefore it’s possible that you don’t have at your disposal, salad container, salad spinner, bowls, peeler or peeler vegetables etc ...
- Regarding inside areas, certain foreign agencies provide information about cadastral or built areas, which includes outside terraces, covered and swimming pool.
- Iberimo draws your attention of holidaymakers that all foreign legislation don’t requires pool security. Iberimo cannot be held responsible for these facts.
2. The client can reserve his stay on the website by filling the form of available reservation on the website starting from each chart describing accommodations, by phone at the contact details indicated in these conditions
3. Whatever the type of accommodation chosen by the client, he will receive by email a message a recap of the stay he reserved, a financial situation which corresponds to the deposits of the reservation or the full amount of the stay paid by the client, as well as the connection identifiers (login+password) which allow him to connect to his customer space on the website; from which he can visit and handle all information about his stay:
The client can also find in this customer area:
- A recap of his stay
- The financial situation about different benefits
4. The client is invited to read carefully the detail of his stay, and contact the agency in case of mistakes
5. The client has to confirm the offer on the website or by email, this confirmation involves necessarily the general acceptance of these conditions, which will be gathered to the offer, the offer is described in the particular conditions, and pays the deposit, by following the payment modalities indicated in the article 6. The confirmation by the client of the offer will be considered as bought from the payment and encashment of the deposit by the agency.
6. After having confirm and pay in whole or part of the amount of the reservation, and subject of the encashment of the amount corresponding and the confirmation by the agency of the availability to the desired sates of the selected accommodation, the client will receive by email an acknowledgment receipt by the agency, which sums up the reservation.
This email will be the acceptance of the order by the agency and will make up the contract of sale between the client and the agency. It will include the constituent elements of the contract between the client and the agency.
7. The agency reserves the right to not confirm a reservation for whatever reason, in case of litigation about the payment of a previous reservation, or in case of problem about availability of accommodation, without the client claiming of any allowance.
The agency draws the client’s attention to the accommodation he will select in the process of the reservation could not be available from the moment the users connected at the same time would have started a booking request of aforementioned accommodation. The last user who makes a reservation will have priority.
8. The client is able to make a pre-reservation of his stay.
It is enough to him thanks to these conditions to follow the process or reservation on the website or by phone, and to mark on the form of reservation the corresponding compartment or indicate it to the operator in the case of a pre-reservation by phone.
It is impossible to make pre-reservations for various stays, same thing you cannot make successive pre-reservations for a same stay.
From the moment the pre-reservation will be recorded, the agency will contact you within 48 working hours (working days, not including weekends and bank days) in order to finalize the reservation, following the conditions of the present contract.
The possibility of pre-reservation doesn’t confer any guarantee of availability on the client, as well as the preservation of the price and the date of the possible reservation of the stay.
The reservation of a stay will be firm and definitive only after the confirmation of the agency and the encashment of the corresponding deposit.
9. The client can request the sending at home of the recapitulative file of his stay, and send back to the agency, to the address and the phone number indicating under the article 12.1, his payment by check of the amount of the deposit of reservation.
Whatever the type of reservation and method of payment used by the client, the agency will confirm to the client the reservation of his stay only as from the encashment of the corresponding amount, and will send automatically to the client by email the detailed recap of the reservation of stay and the bank transaction; as well as the voucher which must be printed and given to the tenant to access to the services.
In the event of the detailed recap of reservation of the stay and the voucher wouldn’t have reached by the client, thanks to a problem tied to internet, it falls to the client to contact the agency by email.
The agency cannot be responsible for the additional costs or cancelation which would result from the non-presentation of documents required at the time of his arrival on the place of the stay by the client to the tenant.
The accomplishment of administrative and sanitary formalities and the expenses of passport, the ID card, the visas, the vaccination… fall to the client and to people who travel within him during the stay.
5. GARANTIES ET RESPONSABILITE
1. The agency is required to obligations which it takes care by this contract, which includes the implementation of all vital diligences for the realization of the reservation of the stay.éjour.
2. The agency guarantee the conformity of the services reserved for the reference table of conformity.
This guarantee of conformity includes the adequacy of the services with the information and features which are described in the reference table of conformity.
3. The agency offers to the client only reliable and good information about the properties and tourist information about geographical areas where the properties are located.
4. Conform to provision of the article 23 of the law No.92.645 of July 13th 1992, the agency is responsible for rights towards the client of the good execution of the services reserved within the scope of these conditions.
5. In the event of the client would consider that the agency or the tenant wouldn’t have executed the obligations under his task by this contract, if this would have been executed badly, he can formulate claims in the following conditions:
- Within 48 hours after the entrance to the place:
The possible claims about the property or the conformity of the accommodation will have to be expressed to the tenant within 48 hours after the entrance to the places.
After this period they will be definitively unacceptable.
- More than 48 hours after the entrance to places:
After the deadline of 48 hours following the entrance to place, and for any other claim about the conformity and/or cleaning of the accommodation,
The client must call the agency then confirm in 4 days following his arrival on the place of the stay by registered letter with acknowledgement of receipt at the address indicated in the article 12-1 of these conditions.
The agency will send to the client an acknowledgement of receipt of his email by confirming the good reception and the coverage by the service concerned in seven working days following its reception.
No answer will be brought to collective claims or petitions.
Except these criteria of shape and of period, no claims will be considered.
6. The fortuitous nuisances such as rumors of neighborhood, works, and works in progress, diverse demonstrations of private origin or the public authority cannot be set against the agency, to the extent that they disturb the local residents of the zone in which appears the booked accommodation. Likewise the water shortage due to drought, the presence of insects and other similar nuisances will aim to provide researches of responsibility of the agency and will not refund or compensate.
7. According to the legislation in force, the rental holidays residences, villas, holiday cottages, chalets, bungalow and other outdoor accommodations don’t include the responsibility of the hotelkeepers. Accordingly, the responsibility of the agency couldn’t be engaged in case of loss, flight or degradation of personal effects in these rental accommodations. The agency draws attention of the client on the fact that he is a security officer of the accommodations rented during the duration of the stay and that he belongs to him to insure himself.
8. Any interrupted or short stay or any service not consumed because of the client, whatever the reason; the agency will not give any refund or compensation.
9. In case of failure of the tenant, the agency will offer to the client situations of replacement which present features of the closest possible to the reserved stay. In the cases where the agency couldn’t propose an accommodation in the equivalent features, but only of a different mode and/or a lower category, the client can get for this solution for the refund of the price difference between this accommodation and that initially reserved.
In the event that the client would refuse this proposal, supposing that the agency couldn’t offer alternate solution, the client will be refunded all the sums paid of the stay or of secondary services when the cancelation will concern only these services, but any other compensation will be given.
10. The client will have to use the rented accommodation with due diligence and cannot sublet nor transfer his rights of this contract without formal consent of the agency, according to the provisions of the article 10 of this contract. Any professional activity is forbidden the accommodations. The client will have to respect the rules, particularly the noise, the clothesline, the cleaning, and the removal of household waste…
In case of not respected internal rules, of overtaking of the number of people indicated in the voucher, the presence of pets not accepted, bad behavior, excessive and repeated nuisances made for the neighborhood as well as the degradation of the rented properties, the security deposit indicated in the article 9 of these contract will be kept and the tenants can be the object of a procedure of eviction, without giving right to any refund of days not used.
If no mention is made about this matter in the presentation form of the selected accommodation or in the detailed recap of the reservation of the stay, the client has to consider by default that the tenant doesn’t accept animals. Supposing that pets will be accepted, this one is indicated in the law No.99-5 of January 6th, 1999 will not be accepted. Pets will not have to harm the tranquility nor the security of other residents and respect regulations of hygiene. It will be often required that the animal is kept on a lead within the establishment. Animals remain however forbidden in some places as restaurant, swimming pool…
11. In case of overtaking of the number of people indicated on the contract of the voucher, the unaccepted presence of animals, the bad behavior, excessive and repeated nuisance made for neighborhood as well as the degradation of the rented properties, the deposit will be kept and the client and the occupants of the accommodation can be the object of a procedure of eviction, without giving right to any refund.
12. Within the scope of the refund of the difference, the price difference (except assistance, additional insurance or additional costs) must be noticed to inform us by email at email@example.com by specifying well on the email the link of the accommodation of the rival brand where the difference of price has been noticed within 48 hours after the confirmation of reservation. The refund can be only guaranteed only by an identical product (typology, situation, location, orientation view, equipment, surface..) and for identical dates of stay (date of arrival and date of departure). The refund of the difference will be made by bank transfer or credit of the bank card within 8 days after validation of its accomplishment within the limits of the regulations on the ban of the loss leader.
6. FINANCIAL CONDITIONS
1. The price communicated by the agency includes , subject to mistake o omission, by accommodation or by person, as well as is indicated in the presentation form of the accommodation, all expenses included, except:
- Optional insurance premium of the cancelation assistance, see the explanation below in concerned section payable in the reservation.
- the tourist tax, which can be paid in by the tenant on the place of the Stay,
- The security deposit required by the furnished properties and payable directly to the tenant on the place of the Stay
- In some cases additional expenses such as final cleaning, air conditioning or heating (see additional expenses on the description of the properties)
The prices are variable according to dates, the durations of the Stay, and the type of accommodation.
2. In case of an obvious error and justified (piddling price which a consumer informed cannot clam seriously to have taken for the real value of the proposed property on the price shown on the website regarding an accommodation booked by the client, the agency reserves the right to cancel the reservation within 3 working days, without the client can claim the payment of any compensation.
3. The deposit payment of the booking, which corresponds to a minimum of 30 % the complete amount including all taxes of the stay, or the complete amount of the stay in the case of a booking made less than 45 days before the date of the beginning of the stay, is required at the time of the reservation:
- Online, on the website, by bank card, through the solution of secure payment of the Bank (CIC).
The credit cards accepted are: Visa, Eurocard MasterCard, CB
The agency will proceed to the debit of the bank card of the Client to the receipt of the confirmation of the availability of the accommodation published by the tenant.
The agency guarantees the safety and the data privacy of the Client regarding its bank card
The bank (CIC) adopted the process of encryption TSL, which insures the reliability of the exchanges and the transactions which encrypts at the time of their seizure the essential personal data to treat the orders, such as addresses, email, bank card number and bank details. The bank details are encrypted and sent directly to the Bank (CIC) via a secure connection, without passing by the website.
- by bank check, by Mandate Cash, or by traveler’s check (ANCV only)
The banking payment by check is reserved to persons of a banking account in Euros and living in France
Checks or Mandates Cash must be written to "IBERIMO”
Enroll your address and phone number of your reservation on the back of your check (banking or holidays) or on the sector Mandate cash, and write your payment to the contact details under the article 12-1 of this contract.
After the period of 7 days as from the sending of the email of confirmation of reservation, this one will be cancelled if the agency didn’t receive the check
The reservation will be confirmed to the client only subject to the encashment of the check.
In the case of a late booking (between 45 and 1 days before the beginning of the stay), the agency will require from the client the payment by credit card on the website or by phone the full amount of the stay which will not be paid in by the agency but kept as deposit, meanwhile the receipt and the encashment of the bank check or the traveler’s check.
The agency will take the payment paid by credit bank only if it did not receive the bank check or the traveler’s check within 10 days after sending by email the confirmation of reservation, or if the check or the traveler’s check cannot be paid in for not attributable reasons to the agency.
- By phone by credit card, by communicating to the operator information indicated on his credit card.
- By bank transfer
The agency will provide its bank details to the clients to select his method payment.
In the case of the payment of deposit of reservation, the balance of the stay must be paid at least 30 days before the beginning of the stay, a complement deposit can be asked.
4. The agency reserve the right to refuse the treatment of the reservation of which the payment would have been refused by centers of banking payment concerned.
7. MODIFICATIONS AND CANCELATION
1. The request of modifications of all or part of the stay must be sent to the agency and are submitted to the agreement of the agency which can require the payment of an additional price.
The agency will charge 40 euros including all taxes of expenses which correspond to the treatment of these modification requests.
2. In case of late arrival, premature arrival, the reduction of persons who go with you, any refund will be made.
In case of presentation on the place of accommodation to the date of the beginning of the stay, a number of people upper to that indicated on the voucher, the tenant reserve the right to refuse the access of the client to the accommodation or require the immediate payment of a supplement on the spot.
3. Cancelation of the client: all cancelation must be informed to ‘IBERIMO’ by registered letter, its receipt will determine the date of cancelation which indicate the amount of the following expenses:
- More than 60 days before the date of arrival: loss of down payment
- Between 59 and 30 days: 70% of stay cost
- Between 30 and 0 days: 100% of stay cost.
However, if the rental subject to cancellation is re-let by IBERIMO and for the same dates, 70% of the amount paid will be given back exception made by the fees of file or of insurance.
The date of taking into account of the request of cancelation will be the day when the agency will be warned by fax or registered letter to the contact details and phone number indicated in the article 12-1 of the contract, let remind that the customer has the possibility to sign an assistance cancelation to the conditions indicated in the article 8 of the contract.
8. CANCELATION ASSISTANCE
1. The customer has the possibility to sign with the agency an optional assistance which allows him to refund some costs of cancelation of his stay.
2. The amount of the assistance must be entirely paid during the reservation of the Stay, and is refundable in no case
3. The main features of the assistance optional cancellation offered by the agency are the following ones: LINK TO THE CONDITIONS OF ASSISTANCE CANCELLATION
9. SECURITY DEPOSIT - ADDITIONAL SERVICES – KEY DELIVERY – SCHEDULE OF FIXTURES
1. In the cases of rental furnished accommodation, excluding accommodations as hotel or guestroom, a security deposit will be required to the customer by the tenant at the time of the key delivery and the payment of the tourist tax.
According to the tenants, the payment of the security deposit will be paid in cash, check or by imprint of bank car, such as indicated in the VOUCHER.
2. This security deposit will be given back to the customer at the latest in the fifteen days after the end of the stay, the tenant reserves the right to deduct from the concerned sum the amount estimated to repair any breaking and deterioration, such as the cleaning if the rental property hasn’t been returned in correct state of tidying.
3. In the event of the customer will wish subscribe with the tenant additional services (for example: rent of linen of bed, pets, rent of bike…) as present in the contract he will fulfill directly with the tenant the amount of additional services ordered on the spot with the tenant and without pass by the agency which is not indicated in the contract and doesn’t belong to the responsibility of the agency.
4. To access to the accommodation during his arrival on the spot, the customer will have to get in touch with the tenant who will indicate him the process to follow at his arrival.
The schedules of arrival and departure vary according to the tenant. The customer will have to introduce, with him the Voucher to the tenant at the address and at the time indicated on the VOUVHER in order that obtaining the key delivery and making the schedule of fixtures.
In case of late arrival, the Customer will necessarily have to inform the tenant about that by phone, in order that making him feel welcome in best conditions.
In summer the number of travelers is very high, it is impossible to make a contradictory schedule fixtures. The accommodation rented to the customer will be considered as shaped to the description and in good condition of cleanliness. The customer will have 48 hours to tell to the tenant if there is any anomaly or fault present in the accommodation and furniture which is furnished, in order that solving it very soon, it is specified that neither the tenant nor the agency can be responsible for of the period of repair or for restoration.
5. The customer will keep the accommodation in good conditions and clean. If it was not the case, expenses of cleaning or repair will be charged on the security deposit.
At his departure, the customer will have to close carefully the accommodation and give the key to the interlocutor on the spot. If the keys were not restored, the cost of the replacement of lock would be charged from the deposit or a supplement can be asked on the spot by the tenant.
10. ASSIGNEMENT OF THE CONTRACT
The customer has the possibility to let this contract, and his stay, to every person of his choice satisfying the conditions required for the stay, subject to have informed the agency about that at the latest seven days before the beginning of the stay and modify any feature of the stay.
The customer request is not taken into account from the receipt of an email of then agency which will confirm the acceptance of his request.
11. PERSONAL DATA
1. The customer has, according to the provision of the law of January, 6th 1978, the right to access to data which concern him, and the right of modification, rectification and suppression
To exercise this right he has to send by email or by post to the contact details indicated in the article 12.1 of these conditions.
2. The personal data about the customer taken thanks to forms, and any future information, are intended to an exclusive use of the agency and the concerned tenant, within the scope of the process of reservation of stays, as well as the accommodation supply services and complementary services.
3. This information aim to provide no communication or transfer to third parties, other than technical persons who receive benefits in charge of the management of the services offered in the website, which have to respect the privacy of the information and to use them only for the precise operation for which they have to intervene.
4. The data of the client will be also used to reinforce and personalize the communication with him, particularly by newsletters which will be subscribed to.
5. The agency preserves the personal data of the customer on his own servers and makes a commitment to maintain confidential these data, which will be preserved for duration of three (3) yeas as from the expiration for any reason of this contract
12. DIVERSE1. Contact
Available if you have any information or question, our customer service is available:
- By email: firstname.lastname@example.org or from our contact form on the website LINK TO THE CONTACT FORM,
- By post to the address: Iberimo, 12 Fontclauze 42240 CALOIRE (FRANCE)
- By phone at 04 77 29 46 80 from France OR +33 (0)4 77 29 46 80 (FRANCE OR out France) from Monday to Friday: 10:00 am – 18:00 pm
- By fax. +33 (0)4 26 30 35 92
2. MModifications of the contract
The agency reserves the right to change these terms, particularly in case of technical, legal and case law evolutions, or during the implementation of new services.
These modifications will not however be opposable to the Customers who have reserved their Stay in a previous date for the coming into force of these modifications.
Supposing that one of the provisions of this contract would be considered as invalid in virtue of a legal or statutory, present or future requirement, or of judicial decision from the authority of the judged matter which emanates from a jurisdiction or from a competent body, this provision of the contract would be considered as non-written, all other provision of the contract which preserve the binding effect between the parties.
4. NO RENUNCIATION
The fact that either party does not take advantage of the one similar to the provisions of this contract it will not be considered as a renunciation from him in the rights he holds this.
5. Domiciliation and correspondence address
For the execution of this contract, the parties are located at the address of their head office.
The client commits to give within the scope of the process of the reservation od stays, correct and reliable information about his situation, As well as to proceed to a regular check of the data which concern him, and to proceed, where necessary, in the necessary modifications with the agency.
The agency draws the customer attention to communicate him the main valid address, and to inform him very soon of the possible modification.
Any communication made by the agency to this address is indeed considered for having been received and read by the Customer, who commits to see regularly his received messages to the email address and, if necessary, to answer to that very soon.
13. APPLICABLE LAW AND COMPETENT JURISDICTION
The Contract is submitted to the French law, for the thorough rules and for the rules of shape.
In case of ensuring dispute the execution of the interpretation of these conditions, only the French version of these terms will be valid with the aim of their interpretation. The parties are suitable for getting closer and trying to find an amicable solution to their dispute, before the competent court.
IN CASE THE CUSTOMER WILL BE A LEGAL ENTITY, THE DISPUTE WILL TOOK PLACE IN FRONT OF THE COMPETENT JURISDICTION IN THE COURT OF APPEAL OF LYON, IN SPITE OF DEFENDANTS' PLURALITY OR CALL IN GUARANTEE.
In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.152-2 of the Consumer Code, has the option of submitting an amicable resolution request by way of mediation, within a period of less than one year from its written complaint to the professional. IBERIMO as a member of L APST under the number Atout France IM042190010 has appointed the tourism mediator as consumer mediation entity. To enter the mediator, the consumer must make his request: electronically on the site: www.mtv.travel.
In accordance with Article 14.1 of Regulation (EU) n ° 524/2013 of the European Parliament and of the Council of 21 May 2013, concerning online sales, here is the electronic link to the online dispute resolution platform (ODR): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
APPENDIX: REPRODUCTION OF THE ART. 95 - 103 of the Decree No 94-490 of June 15th, 1994 taken in application of the article 31 of the law no 92-645 of July 13th, 1992 which include the conditions of exercise of the activities relative to the organization and to the sale of journeys or stays.
Art. 95. - Subject to the exclusions indicated in the article 14 of the law of July 13th, 1992, Any offer and any sale of travel or stay services give rise to the delivery of appropriate documents consistent with rules defined by the present title. In case of sale of plane tickets or of tickets online not accompanied with services connected to these transport, the seller delivers to the buyer one or several tickets of passage for the entire journey emitted by the carrier or under his responsibility. In the case of demand responsive transport, the name and the address of the carrier, which tickets are emitted, must be indicated.
The invoicing separated from the diverse elements of the same tourist fixed price does not bother the seller from the payment which is made for him this contract.
Art. 96. - Before the conclusion of the contract and on the basis of a written support which indicates its corporate name, its address and the indication of its administrative authorization of exercise, the seller has to communicate to the consumer the information about the prices, the dates and the other constituent elements of the services supplied on the occasion of the journey or of the stay such as:
1°The destination, the ways, the features and the categories of used transport;
2°The type of accommodation, its situation, its comfort level and its main features, its approval and its tourist ranking which corresponds to the regulations or to the practices of the host country;
3° Meals provided
4° The description of the route if it is a circuit
5° The administrative and sanitary formalities to accomplish in case, in particular, of crossing of the borders as well as their period of fulfillment;
6° The visits, the excursions and the other services included in the fixed price or available for an additional price;
7° The minimal or maximal size of the group which allows the realization of the journey or the stay as well as, if the realization of the journey or the stay is submitted to a minimal number of participants, the deadline of information of the consumer in case of cancellation of the journey or the stay; this date cannot be fixed unless twenty one days before the departure;
8° The amount or the percentage of price you must pay
9° The modalities of revision of the prices such as indicated in the contract in application of the article 100 of this decree;
10° The conditions of cancellation in the form of contract
11° the conditions of cancellation are indicated in the articles 101, 102 and 103;
12° The precision which concerns the covered risks and the amount of guarantees signed in conformance with(for) the insurance contract covers the consequences of the professional civil liability of travel agencies and the civil liability of associations and non-profit bodies and local bodies of tourism;
13° The information which concerns the optional subscription of an insurance contract which concerned the consequences of some cases of cancellation or a contract of assistance which covers some particular risks, in particular the expenses of repatriation in the event of an accident or disease.
Art. 97. - The information given to the consumer engages the seller, unless in this one the seller expressly reserves the right to modify some elements. The seller must, in this case, indicate clearly to what extent this modification can intervene and on which elements.
In any case, the modifications brought to the information must be communicated in writing to the consumer before the conclusion of the contract.
Art. 98. - The contract concluded between the seller and the buyer and it must be written, established in duplicate among whom one is given to the buyer, and signed by both parties. He has to contain the following clauses:
1° The name and the address of the seller, his guarantor and his insurer as well as the name and the address of the organizer;
2° The destination or the destinations of the journey and, in case of divided stay, the different periods and their dates;
3° The ways, the characteristics and the categories of the used transport, the dates, hours and places of departure and of return;
4° The type of accommodation, its situation, its comfort level and its main features, its tourist ranking in virtue of the regulations or the practices of the host country;
5° The number of provided meals
6° The route if it is a circuit
7° The visits, the excursions or other services included in the total price of the journey or the stay;
8° The total price of the charged services as well as the indication of any possible revision of this invoicing in virtue of provisions of the article 100 below;
9° The indication, if necessary, the licence fees or the taxes relative to some services such as taxes of landing, landing or boarding in ports and airports, tourist taxes when they are not included in the price of one or several supplied services
10° The timetable and the methods of payment of the price; in any case, the last payment paid by the buyer cannot be lower than 30 p. 100 of the price of the journey or the stay and must be paid during the delivery of documents which allows realizing the journey or the stay;
11° The particular conditions asked by the buyer and accepted by the seller;
12° The modalities(methods) according to which the buyer can declare the seller of a complaint for non-fulfillment or bad execution of the contract, the complaint which must be sent as soon as possible, by registered letter with acknowledgemt of receipt to the seller, and indicated in writing to the organizer of the journey and to the provider of concerned services;
13° The deadline of information of the buyer in case of cancellation of the journey or the stay by the seller in case the realization of the journey or the stay is connected to a minimal number of participants, according to the provisions of the 7o of the article 96 above;
14° The conditions of cancellation in the form of contract
15° The conditions on cancellation indicated in the articles 101, 102 and 103 below ;
16° The precision about the covered risks and the amount of guarantees in conformance with the insurance contract which covers the consequences of the professional civil liability of the seller;
17° The indications about the insurance contract which covers the consequences of some cases of cancellation subscribed by the buyer (policy number and name of the insurer), as well as those about the contract of assistance which covers some particular risks, in particular the expenses of repatriation in the event of an accident or disease; in this case, the seller has to give to the buyer a document which specify at least the covered risks and the excluded risks ;
18° The deadline of information of the seller in case of transfer of the contract by the buyer;
19° The commitment to provide, in writing, to the buyer, at least ten days before date planned for his departure, the following information:
a) The name, the address and the phone number of the local agency of the seller or, names, addresses and phone numbers of the local agencies susceptible to help the consumer in case of difficulty, or the phone number which allows establishing urgently a contact with the seller;
b) For the journeys and the stays of minors abroad, a phone number and an address allowing to establish a direct contact with the child or the on-the-spot person in charge of his stay,
Art. 99. - The buyer can leave his contract to a transferee who satisfies the same conditions as him to make the journey or the stay, as long as this contract produced no effect.
Except condition more favorable to the assignor, he has to inform the seller of his decision by registered letter with acknowledgement of receipt at the latest seven days before the beginning of the journey. When it is a cruise, this period is carried in fifteen days.
This transfer is not submitted, on no account, to an authorization of the seller.
Art. 100. - When the contract contains an express possibility of revision of the price, in the limits planned in the article 19 of the above-mentioned law of July 13th, 1992, he has to mention the precise methods of calculation,
In the increase or in the reduction, the variations of the prices, in particular the amount of the transport costs and the taxes relative to one or several currencies which can have an incidence on the price of the journey or the stay, the part of the price to which applies the variation, the course of one or several currencies held as the reference during the establishment of the price appearing to the contract.
Art. 101. - When, before the departure of the buyer, the seller is forced to bring a modification to one of the essential elements of the contract such as a significant increase of the price, the buyer can, without prejudging appeals in repair for damage possibly caused, and having been informed about it by the seller by registered letter with acknowledgment of receipt:
- Cancel his contract and obtain without penalty the immediate refund of the paid sums;
- accept the modification or the substitution journey proposed by the seller; an amendment to the contract specifying the brought modifications and must be signed by the parties; any valuable decrease comes in deduction of the sums staying possibly owed by the buyer and, if the payment already made by him exceeds the price of the modified service, the excess payment must be restored to him before the date of his departure.
Art. 102. - In the case indicated in the article 21 of the above-mentioned law of July 13th, 1992, when, before the departure of the buyer, the seller cancels the journey or the stay, he has to inform the buyer by registered letter with recorded delivery; the buyer, without prejudging appeals in repair of the damage possibly undergone, obtains with the seller the immediate refund and without penalty of the paid sums; the buyer receives, in this case, a compensation at least equal to the penalty which he would have supported if the cancellation had intervened in its fact at this date.
Provisions of this article make on no account obstacle to the conclusion of a mutual agreement having for object the acceptance, by the buyer, of a journey or a substitution stay proposed by the seller.
Art. 103. - When, after the departure of the buyer, the seller is in the impossibility to supply a preponderant part of the services planned to the contract representing a not insignificant percentage of the price honored by the buyer, the seller immediately has to take the following capacities without prejudging appeals in repair for damage possibly caused :
- propose services as a replacement planned services by supporting any additional charge and, if the services accepted by the buyer are of lower quality, the seller has to pay off to him, from his return, the price difference;
- It is possible to offer no service of replacement or if these are refused by the buyer for valid motives, to provide to the buyer, without additional charge, tickets to insure his return in conditions which can be considered equivalent towards the place of departure or towards another place accepted by both parties.