Article 1 – General provisions
1-1 Authorized tourist offices, within the framework of the law of July 22, 2009, can ensure the reservation and sale of all types of services, leisure activities and reception of general interest in their area of intervention. They make it easier for the public by offering them a choice of services.
1-2 These general conditions of sale are valid from 23/08/2016 and are applicable unless otherwise agreed.
1-3 Are also applicable to the offer and the provision of services, according to identical terms to these General Conditions, the specific conditions of the Partners indicated on the description of the service and on the booking confirmation. The act of purchase and/or reservation signifies the acceptance of the specific conditions of the partners.
Article 2 – Formation of the contract
2-1 It is recalled that any order for one or more of the services offered by the tourist office assumes the customer's unrestricted or unreserved acceptance of these general conditions of sale.
2-2 Reservation
2-2-1 All reservations are firm and definitive except for exercise of the right of withdrawal provided for in article 2-4, or cancellation under the conditions provided for in article 8 of these General Conditions of Sale.
2-2-2 The reservation becomes firm and definitive on the return of the sales contract signed and approved by the customer and imperatively accompanied by the payment of the deposit of 30% of the total amount of the stay file, including any administrative costs.
2-3 Written Confirmation
The tourist office "Châteauroux Berry tourisme" undertakes to confirm to the customer, in electronic writing or failing that in writing on paper, at the latest before the start of the services ordered, the content of the services ordered as well as the general conditions of sale. and the procedures for exercising the right of withdrawal from which he benefits.
2-4 No withdrawal period
In accordance with Article L.221-28 12° of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the provision of accommodation services, transport services, car rentals, catering or of leisure activities that must be provided on a specific date or period.
Article 3 - Price
3-1 Prices are displayed in Euros, VAT included. Additional local taxes payable on site may be imposed by local authorities (tourist tax, etc.) and are the responsibility of the customer.
The tourist office "Châteauroux Berry tourisme" reserves the right to modify the price of its services at any time and in agreement with the service provider.
3-2 Rules
For reservations of accommodation, ticketing, products, tourist services and packages, payment for the services ordered is made by check or by bank transfer at the time of booking, excluding tourist tax to be paid directly to the service provider at the time of booking. arrival or departure, according to the establishment's own conditions.
3-3 Payment of the balance
The customer must pay the reservation service the balance of the agreed service and remaining due, 30 days before the start of the stay, subject to article R.211-6,10 of the Tourism Code. The customer who has not paid the balance on the agreed date is considered to have canceled his stay. Therefore, the service is again offered for sale, and no refund will be made. For any reservation within 30 days of the start of the stay, the full amount of the stay will be required upon reservation.
Article 4 – Conditions for the provision of services
4-1 The duration of each service is that stipulated by the tourist office, on the tourist documentation or on the website. The customer may not, under any circumstances, claim any right to remain in the premises at the end of the service. For the proper performance of certain services, the customer must present himself on the specified day at the times mentioned or contact the service provider directly.
4-2 The customer must present himself on the day specified at the times mentioned in the contract. In the event of late or deferred arrival or last-minute impediment, the customer must notify the service provider whose address and telephone number appear on the exchange voucher or the description sheet. Services not used as a result of this delay will remain due and cannot give rise to any refund.
In the case of an accommodation reservation, the customer is strongly advised to notify the service provider directly of his arrival time. The customer must refer to the opening hours of the reserved establishment. The customer must vacate the rooms no later than the end of the morning, according to the schedule provided by the establishment. REMINDER: some establishments do not have night reception, please take precautions.
4-3 Exchange Vouchers
After receipt of the balance, the reservation service sends the customer an exchange voucher which the latter must give to the service provider upon arrival.
Article 5 – Supplements and modifications by the customer
5-1 Any service not provided for in the package must be paid for on site. The client cannot, without the prior agreement of the tourist office, modify the course of his stay. The costs of modifications not accepted remain entirely the responsibility of the customer. If not used, vouchers will not be refunded.
5-2 The contract is established for a specific capacity of people. If the number of participants exceeds the capacity of the accommodation, the service provider may refuse additional customers. Any modification or termination of the contract will be considered at the customer's initiative.
Article 6 – Assignment of the contract by the customer
The customer can assign his contract to an assignee who fulfills the same conditions as him to benefit from the service. In this case, the customer is required to inform the tourist office "Châteauroux Berry Tourisme" of his decision by registered letter with acknowledgment of receipt, no later than 7 days before the start of the service. The transfer of the contract must take place at cost price. The assignor and the assignee are jointly and severally liable vis-à-vis the seller for the payment of the balance of the price as well as any additional costs occasioned by this assignment. After the 7-day period, the contract cannot be transferred.
Article 7 – Modification by the Tourist Office of a substantial element of the contract
When, before the scheduled start date of the service, the tourist office is forced to make a modification to one of the essential elements of the contract, the customer may, without prejudice to recourse for compensation for any damage suffered, and after having been informed by the tourist office by any means:
- or terminate his contract and obtain, without penalty, the immediate reimbursement of the sums paid.
- or accept the modification or substitution of services proposed by the tourist office, an amendment to the contract specifying the modifications made being then signed by the parties. If the replacement service is less expensive than the service ordered, the overpayment will be returned to the customer before the start of the service.
Article 8 – Cancellation by the customer
8-1 Any total or partial cancellation must be notified to the tourist office “Châteauroux Berry Tourisme”, by registered letter with acknowledgment of receipt.
8-2 For any cancellation due to the customer, the amount retained by the tourist office "Châteauroux Berry tourisme" will be as follows:
- From 30 days to 21 days before the start of the service = 25%
- From 20 days to 8 days before the start of the service = 50%
- From 7 days to 2 days before the start of the service = 75%
- Less than 2 days before the start of the service = 90%
- The day of the service = 100%
Article 9 – Cancellation by the tourist office Chateauroux Berry tourism
When, before the start of the service, the tourist office "Châteauroux Berry Tourisme" cancels the service, it must inform the customer by registered letter with acknowledgment of receipt. The customer, without prejudice to recourse for compensation for any damage suffered, will be reimbursed immediately and without penalty for the sums paid.
The client will also receive compensation at least equal to the penalty he would have incurred if the cancellation had occurred by him on that date.
These provisions do not apply when an amicable agreement has been concluded with the aim of the customer accepting a substitute service offered by the tourist office.
9-1 Special provisions concerning certain types of services which require a minimum number of participants
The insufficient number of participants can be a valid reason for cancellation for certain types of services. In this case, the tourist office "Châteauroux Berry Tourisme" refunds all the corresponding sums paid. The tourist office must inform participants at least 21 days before departure.
Article 10 - Liability
10-1 The tourist office which offers services to a client is the sole interlocutor of this client and answers to him for the performance of the services ordered and the obligations arising from these conditions of sale.
10-2 The programs of the tourist office "Châteauroux Berry tourisme" depend on the days and opening hours of the various monuments, museums and establishments. In the event of an unforeseen closure, the tourist office cannot, under any circumstances, be held responsible for the non-realization of a program which is not due to its own doing.
10-3 The tourist office cannot be held responsible for the total or partial non-performance of the services ordered or the total or partial non-compliance with the obligations stipulated in these general conditions of sale, in the presence of fortuitous events, cases of force majeure , poor performance or fault committed by the customer, or unforeseeable and insurmountable facts of a third party unrelated to the provision of services.
10-4 Under no circumstances can the tourist office “Châteauroux Berry Tourisme” be held liable in the event of use of these contracts by third parties or for purposes other than tourism.
Article 11 – Interruption of stay
In the event of interruption of the stay by the customer, no refund will be made.
ARTICLE 12 – FORCE MAJEURE
12-1 Force majeure means any event external to the parties that is both unpredictable and insurmountable which prevents either the client, or the travellers, or the agency or the service providers involved in the realization of the trip, the execution of one or more services, to perform all or part of the obligations provided for in the contract. This will be the case in particular with regard to strikes by means of transport, demonstrations, hotel staff, climatic conditions (bad weather, storms, etc.), hydrological conditions (floods, floods, etc.), closure of establishments, and geographical conditions.
12-2 The occurrence of a case of force majeure suspends the obligations hereof affected by the latter and exonerates from all liability the party which should have performed the obligation thus affected. The service provider reserves the right to cancel any reservation in the event of force majeure and to modify the date. If the service provider is obliged to cancel the service before the client has been able to start the activity, a postponement of the activity will be offered to him.
Article 13 – Insurance – Guarantees
The tourist office "Châteauroux Berry tourisme" has taken out travel organizer civil liability insurance with GROUPAMA CENTRE-ATLANTIQUE, 2 avenue de Limoges, 79044 Niort cedex 9 and a financial guarantee with GROUPAMA ASSURANCE-CREDIT, 8-10 rue d'Astorg, 75008 Paris, in order to cover the consequences of the professional civil liability that it could incur in its capacity as a local tourism organization authorized to market products.
Name of the stucture : Tourist office “Châteauroux Berry tourism”
Legal form : Public establishment of an industrial and commercial nature
SIREN number: 818 064 131
Registration number : IM036160001
The head office : Town Hall – CS 80509 – 36012 Châteauroux
Article 14 – Disputes / Complaints
14-1 Any complaint relating to a service must be sent by registered letter with acknowledgment of receipt to the tourist office, as soon as possible following the date of performance of the service, to the following address: tourist office "Châteauroux Berry tourisme" , 1 place de la Gare, 36000 Châteauroux.
Failing this, no complaint will be accepted by the tourist office.
14-2 In the event of a complaint, the tourist office "Châteauroux Berry Tourisme" undertakes to do everything possible to find an amicable agreement in order to resolve the dispute.
14-3 In case of disputes, the general conditions of sale are subject to French law. Any dispute relating to their interpretation and/or execution is subject to the French courts.
Item R211-3
Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel or holiday services shall give rise to the delivery of appropriate documents which comply with the rules defined by this section.
In the event of the sale of air transport tickets or tickets on a regular line not accompanied by services linked to this transport, the seller shall deliver to the buyer one or more passenger tickets for the entire journey, issued by the carrier or under his responsibility. In the case of transport on demand, the name and address of the carrier, on whose behalf the tickets are issued, must be mentioned.
The separate invoicing of the various elements of the same tourist package does not exempt the seller from the obligations imposed on him by the regulatory provisions of this section.
Article R211-3-1
The exchange of pre-contractual information or the provision of contractual conditions is carried out in writing. They can be done electronically under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code. The name or business name and address of the seller are mentioned as well as the indication of his registration in the register provided for in a of article L. 141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of article R. 211-2.
Item R211-4
Prior to the conclusion of the contract, the seller must communicate to the consumer information on the prices, dates and other constituent elements 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 location, its level of comfort and its main characteristics, its approval and its tourist classification corresponding to the regulations or customs of the host country;
3° The catering services offered;
4° The description of the route in the case of a circuit;
5° The administrative and health formalities to be completed by nationals or by nationals of another Member State of the European Union or of a State party to the agreement on the European Economic Area in the event, in particular, of crossing boundaries as well as their deadlines;
6° Visits, excursions and other services included in the package or possibly available at an additional cost;
7° The minimum or maximum size of the group allowing the completion of the trip or stay as well as, if the completion of the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation the trip or stay; this date cannot be set less than twenty-one days before departure;
8° The amount or percentage of the price to be paid as a deposit upon conclusion of the contract as well as the schedule for payment of the balance;
9° The price revision procedures as provided for in the contract pursuant to Article R. 211-8;
10° Contractual cancellation conditions;
11° The cancellation conditions defined in Articles R. 211-9, R. 211-10 and R. 211-11;
12° Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or of an assistance contract covering certain specific risks, in particular the costs of repatriation in the event of an accident or disease ;
13° When the contract includes air transport services, the information, for each flight segment, provided for in Articles R. 211-15 to R. 211-18.
Item R211-5
The prior information given to the consumer binds the seller, unless in this the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent this modification can occur and on what elements.
In any case, the modifications made to the prior information must be communicated to the consumer before the conclusion of the contract.
Item R211-6
The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, articles 1369-1 to 1369-11 of the Civil Code apply. The contract must include the following clauses:
1° The name and address of the seller, its guarantor and its insurer as well as the name and address of the organiser;
2° The destination or destinations of the trip and, in the event of a split stay, the different periods and their dates;
3° The means, characteristics and categories of transport used, the dates and places of departure and return;
4° The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification under the regulations or customs of the host country;
5° The catering services offered;
6° The itinerary in the case of a circuit;
7° Visits, excursions or other services included in the total price of the trip or stay;
8° The total price of the services invoiced as well as the indication of any possible revision of this invoicing under the provisions of Article R. 211-8;
9° The indication, if applicable, of the fees or taxes relating to certain services such as landing, disembarkation or boarding taxes in ports and airports, tourist taxes when they are not included in the price of the service(s) provided;
10° The schedule and terms of payment of the price; the last payment made by the purchaser may not be less than 30% of the price of the trip or stay and must be made upon delivery of the documents allowing the trip or stay to be carried out;
11° The special conditions requested by the buyer and accepted by the seller;
12° The terms according to which the buyer can seize the seller of a complaint for non-performance or poor performance of the contract, a complaint which must be sent as soon as possible, by any means allowing an acknowledgment of receipt to be obtained from the seller, and, where appropriate, reported in writing to the travel organizer and the service provider concerned;
13° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7 ° of article R. 211-4;
14° Contractual cancellation conditions;
15° The cancellation conditions provided for in Articles R. 211-9, R. 211-10 and R. 211-11;
16° Details concerning the risks covered and the amount of guarantees under the insurance contract covering the consequences of the professional civil liability of the seller;
17° The information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as those concerning the assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;
18° The deadline for informing the seller in the event of assignment of the contract by the buyer;
19° The commitment to provide the buyer, at least ten days before the scheduled date of departure, with the following information:
a) The name, address and telephone number of the seller's local representation or, failing that, the names, addresses and telephone numbers of local organizations likely to help the consumer in the event of difficulty or, failing that, the telephone number for establishing urgent contact with the seller;
b) For travel and stays of minors abroad, a telephone number and an address enabling direct contact to be established with the child or the person in charge of their stay on the spot;
20° The clause for termination and reimbursement without penalty of the sums paid by the buyer in the event of non-compliance with the information obligation provided for in 13° of article R. 211-4;
21° The commitment to provide the buyer, in good time before the start of the trip or stay, with the departure and arrival times.
Item R211-7
The buyer may assign his contract to a transferee who fulfills the same conditions as him to carry out the trip or the stay, as long as this contract has not produced any effect.
Unless stipulated more favorable to the transferor, the latter is required to inform the seller of his decision by any means allowing him to obtain an acknowledgment of receipt no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This assignment is not subject, under any circumstances, to prior authorization from the seller.
Item R211-8
When the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it must mention the precise methods of calculating, both upwards and downwards, price variations, and in particular the amount of transport costs and related taxes, the currency or currencies which may have an impact on the price of the trip or stay, the part of the price to which the variation applies, the course of the currency or currencies retained as a reference when establishing the price appearing in the contract.
Item R211-9
When, before the departure of the buyer, the seller finds himself forced to make a modification to one of the essential elements of the contract, such as a significant increase in the price, and when he disregards the information obligation mentioned in 13° of article R. 211-4, the buyer may, without prejudice to recourse for compensation for any damage suffered, and after having been informed by the seller by any means making it possible to obtain an acknowledgment of receipt:
- either terminate his contract and obtain, without penalty, the immediate reimbursement of the sums paid;
- either accept the modification or the replacement trip proposed by the seller; an addendum to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums remaining due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of his departure.
Item R211-10
In the case provided for in Article L. 211-14, when, before the buyer's departure, the seller cancels the trip or stay, he must inform the buyer by any means allowing him to obtain an acknowledgment of reception ; the buyer, without prejudging recourse for compensation for any damage suffered, obtains from the seller the immediate reimbursement and without penalty of the sums paid; the buyer receives, in this case, an indemnity at least equal to the penalty he would have borne if the cancellation had taken place by him on that date.
The provisions of this article do not in any way prevent the conclusion of an amicable agreement having as its object the acceptance, by the buyer, of a journey or alternative stay proposed by the seller.
Item R211-11
When, after the departure of the buyer, the seller is unable to provide a major part of the services provided for in the contract representing a significant percentage of the price honored by the buyer, the seller must immediately take the following measures without prejudge claims for compensation for any damage suffered:
- or offer services to replace the services provided by possibly supporting any additional price and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him, upon his return, the difference in price;
- or, if he cannot offer any replacement service or if these are refused by the buyer for valid reasons, provide the buyer, at no additional cost, with transport tickets to ensure his return within conditions that can be deemed equivalent to the place of departure or to another place accepted by both parties.
The provisions of this article are applicable in the event of non-compliance with the obligation provided for in 13° of article R. 211-4