borgo_generique.jpgBelambra General Terms and Conditions of Sale

 

  Individual stays   • Groups stays   Legal and regulatory provisions  

 

 

Individual holidays

 

Preamble

The purpose of these General Terms and Conditions of Sale (hereinafter, the “GTS”) is to set out the respective obligations of Belambra Clubs and the customer (hereinafter, “the customer(s)”) in their contractual relations pursuant to the sale of Individual Holidays. The fact that Belambra Clubs does not avail itself of one or more of the provisions of the GTS in no way implies a waiver of its rights to do so. Any booking implies the customer's full compliance with and application of the GTS, which shall prevail over any other document, unless otherwise agreed beforehand by Belambra Clubs in writing. These GTS apply to all customers. Changes to these GTS may be made in the future by Belambra.

General provisions
The GTS comprise these conditions of sale which set out the payment terms and the price schedules which form an integral part thereof. All documents other than the GTS, including the catalogues, flyers, advertisements and leaflets, are provided as a guide and for information purposes only. The conditions governing activities relating to the organisation and sale of tours and holidays are defined by the French Tourism Code and, in particular, by article L. 211-1 and subsequent articles of the aforementioned Code.

1. SERVICES AND BOOKING

The individual components of the services provided during our tours and holidays are detailed in our catalogues and on our website. Tourist information is provided for general information purposes. For example: public swimming pool nearby, spa at the resort, skating rink. You should contact the organisations themselves to find out when they are open and to obtain additional information. Belambra Clubs expressly reserves the right to modify the information contained in our catalogues and on our website.

Booking and paying for holidays

Your booking request must be accompanied by a deposit of 25% of the holiday price inclusive of VAT and payment in full of the registration and insurance fees, to be received by us within 72 hours after your booking. Your booking will only become effective after your deposit has been recorded. The outstanding balance must be paid no later than thirty days prior to the departure date.
WARNING: once this deadline has passed, if we have not received your payment for the outstanding balance, we will consider your booking cancelled and offer the corresponding services for resale. In addition, our cancellation terms and conditions will be applied to your entire booking.
Upon receipt of your deposit, a holiday confirmation will be sent to you stating the outstanding balance. Each payment must be accompanied by the booking reference stated on your holiday confirmation. No later than one week before your date of departure (holiday paid in full), your exchange vouchers and information on your destination will be sent to you. Any person arriving for a tour departure or at a holiday destination without having previously paid the outstanding balance will be refused access to their accommodation.
Customers registering less than thirty days before departure must pay the full holiday price upon booking. Depending on the booking date, we may not always be able to send you a holiday confirmation. You will then be deemed to have accepted all the terms stated in our catalogues or website or stated to you orally.
For self-catering holidays, and for safety reasons, the number of persons arriving on holiday may on no account exceed the number of places available in the accommodation provided or the number of persons stated on the contract. With regard to full and half board holidays, the accommodation is allocated according to the number of family members.

Supplements in the event of under-occupancy of the accommodation, i.e. occupancy of less than:

  • the standard occupancy capacity;
  • and/or standard duration of occupancy on the basis of a full week (duration of 7 days),

may be applied with the amounts varying according to the sites and periods concerned. The prices are given upon booking.


Methods of payment

You can pay for your holiday by stating your booking number, by any method of online or telephone payment, or:
- by cheque
 - by holiday voucher. Belambra Clubs has been approved by the Agence Nationale pour les Chèques Vacances; you can use holiday vouchers for all your holidays. We advise you to send them by registered mail with your booking number, choosing the highest delivery guarantee level. The customer shall bear all liability for any cheques not sent by registered mail and not received by Belambra Clubs. The cheques shall be valid for their nominal amount, up to the amount payable for your holiday, until the balance payment date at the latest. Ask your company, works council or any other body authorised to issue them. - by gift vouchers – Cadhoc cheque, Accentiv vouchers, "Tir Groupé", CADO cheques, Kadéos (except for Kadéos purchase coupons) - by bank card: Visa, Eurocard/Mastercard, American Express
Persons residing outside France may only pay by bank card, Eurocheque, bank cheque drawn in euros, "Bancontact Mistercash", "IDEAL" or bank transfer accompanied by the booking number. Payments must be sent to the following address: Belambra Clubs - Service ADV - Centralis - 63 avenue du Général Leclerc - TSA 30001 - 92340 BOURG LA REINE – France


2. PRICES

Price reductions – Promotional operations.
If you are entitled to a price reduction through a promotional operation, you must avail yourself of this reduction upon booking. Once the booking has been confirmed or the invoice has been issued, customers will no longer be able to avail themselves of any such discount.
Moreover, price reductions and promotional operations may not be combined, unless expressly specified.
No shortened holiday or unused service (included in the packages, mentioned on the invoice or purchased on site) shall be refundable.  This will include, for example: any cancellation/interruption of a holiday, non-consumption of catering services, full board or half board rates being offered as part of a package (e.g. for a holiday of one week, arrival on Saturday evening and departure the following Saturday at 10 am).
For full board holidays of over one week, the Saturday lunch shall be invoiced at the applicable posted price.
Extending your stay: Any extension paid for on site shall be charged at the current applicable rate (no promotional rate or partner discount applicable).
Our prices are shown net of transportation tax and including all taxes (except visitors' tax), including VAT at the rate applicable on the day of booking. Our rates including tax are subject to change in the event of an increase in the tax rates applicable to our holidays.


3. TRANSPORT

Where transportation is sold with a summer holiday, the prices include all taxes. The prices stated on our website are based on transport costs, linked to the cost of fuel, duties and taxes on the services offered such as landing, boarding and unloading taxes in sea ports and airports. In the event of the modification of any of these factors, Belambra Clubs reserves the right to modify the costs and taxes accordingly, either upward or downward. In all cases, any such price modification shall not be applied less than thirty days before departure. Moreover, our prices are based on prices given to us by airlines for a specific seat class, subject to availability. When this class is full, we may offer you another seat class at a different price, subject to availability. Services for holidays with transport: The journey time is included in the total duration of the holiday. In cases of force majeure, as set out in article 1218 of the French Civil Code, the total duration of the tour may be extended. No price increase will then be charged. You shall always be informed of the timetables, routes and types of craft, subject to modification. Moreover, Belambra Clubs shall not be liable for any external event or force majeure affecting traffic intensity or punctuality. In accordance with item 13 of article R. 211-4 of the French Tourist Code, Belambra Clubs undertakes to keep the customer informed of the identity of the airline for each leg of the flights concerned. The airlines providing air transport services are: Air France, Air Corsica and Volotéa. Belambra Clubs may need to change airlines and, if so, undertakes to inform the customer of the identity of the airline being used in place of the original airline eight days before the departure date or at the time of payment if it is due less than 8 days before the departure date. Services for holidays without transport: if you travel to your holiday site by your own means (by car, train, etc.), you must vacate your apartment at the date and time indicated. Should a force majeure event prevent you from leaving (collapsed road, weather conditions, etc.), you will be charged for the expenses resulting from this holiday extension.

4. VISITORS' TAX

Visitors' tax, collected on behalf of municipalities, is not included in our prices. It is payable on site upon arrival.

5. BOOKING FEES

Booking fees are charged by Belambra Clubs for each booking made; stays of 4 nights or more: 39 euros; stays of up to 3 nights: 15 euros. These booking fees will only be refunded if the cancellation is attributable to Belambra Clubs.

6. DEPOSIT

A deposit of 250 € will be required. It is to be paid upon arrival by bank card (or cheque). It will be refunded to you at the end of your stay, minus any compensation payable, supported by invoices, for any damage noted during the pre-departure inventory carried out in your presence. Retention of the deposit does not exclude any additional compensation if the repair costs exceed the amount of the deposit.

7. HOUSE RULES

The house rules are displayed in each apartment. Please read them and comply with them.
Swimming pools: To use the swimming pools, children must be accompanied by their parents/legal guardians or other adult designated by these and they remain under their responsibility.
Access to kids' clubs: the kids' clubs are open to children under the conditions stated in the Useful Guide section of our catalogues and website. However, we reserve the right to turn away any child whose behaviour could be detrimental to other children or the club's organisation. Any customer causing bodily harm or material damage shall be liable for damages.
It is strictly forbidden to smoke in any of the buildings, which are all non-smoking areas.
For your safety and comfort, the Belambra bracelet must be worn at all times during your holiday.

8. LIABILITY


Belambra Clubs is responsible for the proper performance of all of its contractual obligations. However, Belambra Clubs will be released from all or part of its liability in cases where failure to perform or incorrect performance of the contract is attributable either to the purchaser or to an unforeseeable and unavoidable act of a third party not involved in the provision of services under the contract, or to an event of force majeure as defined in article 1218 of the French Civil Code.
It is also specified that services not provided by Belambra Clubs during the holiday shall, with respect to both the purchaser and Belambra Clubs, be the exclusive responsibility of the external service providers responsible for their organisation.

9. LOSS, THEFT, DAMAGE

Holiday rentals in our Clubs and tourist residences and in our half board or full board clubs are not the responsibility of the hoteliers. Consequently, we cannot be held liable for any loss, theft or damage to personal effects in our residences, whether in the apartments, the car parks or the common rooms (ski rooms, bike rooms, etc.). Nevertheless, Belambra Clubs has taken out, on behalf of its customers, property damage insurance covering the risks of burglary in the apartments, subject to cover and excess. We advise you to contact your insurance company to obtain, if necessary, an extension to your personal cover.

10. OPTIONAL INSURANCE

To allow you to enjoy your holiday with total peace of mind, we can offer "multi-risk" insurance which you can take out when you make your booking. This covers:
– cancellation/curtailment of your holiday,
– changes to your booking,
– repatriation assistance,
– luggage.

– snow guarantee for winter holidays.

See details in the insurance policy

In the event of cancellation or curtailment of your holiday, Belambra Clubs will only refund the unused portion of the holiday if it is responsible for the cancellation. We therefore strongly recommend that you take out this insurance which will entitle you to trouble-free compensation or repatriation. The names of the insurance companies, the cover provided and the prices are summarised in the Useful Guide in our catalogues and website. The full terms and conditions can be sent to you on request before you subscribe. At any rate, they will be sent to you upon confirmation of your holiday at the latest (this insurance is non-refundable).

11. MODIFICATION OF THE HOLIDAY BY THE CUSTOMER

Any modification request can only be accepted subject to availability and must be sent to Belambra Clubs by registered letter with advice of receipt or by telephone. The effective date of modification (or cancellation) of the holiday by the customer will be the date of posting the registered letter with advice of receipt (the postmark on the registered letter being conclusive proof), or the date of the telephone call.
It shall be subject to modification fees calculated as follows:
- More than 45 days prior to the holiday start date, a fixed fee of 30 euros per booking shall be withheld.
- Between 30 and 44 days prior to the holiday start date, a fixed fee of 45 euros per booking shall be withheld.
- Between 29 days and 21 days prior to the holiday start date, 15% of the difference between the amount of the initial booking before the modification and the amount of the modified booking shall be withheld.
- Between 20 days and 10 days prior to the holiday start date, 25% of the difference between the amount of the initial booking before the modification and the amount of the modified booking shall be withheld.
- 9 days or less prior to the holiday start date, 60% of the difference between the amount of the initial booking before the modification and the amount of the modified booking shall be withheld.
Shortened holidays will not be subject to a refund. It is explicitly stated that, for holidays including transport, any modification concerning the holiday dates, the spelling of names and surnames or the holiday conditions constitutes a cancellation governed by the conditions stated hereunder and requires a new booking.

12. CANCELLATION BY THE CUSTOMER

Holiday cancellation must be notified to Belambra Clubs by registered letter with acknowledgement of receipt, or by e-mail to: annulation@belambra.fr. The effective date of modification (or cancellation) of the holiday by the customer will be the date of posting the registered letter with advice of receipt (the postmark on the registered letter being conclusive proof), or the date of the e-mail.
Belambra Clubs will refund the amounts paid (immediately in the case provided by paragraph 13.2) less booking and insurance fees, which will be retained by Belambra Clubs, and the following cancellation penalties:

- Cancellation of a holiday:

- More than 45 days before the holiday start date, 60 euros per booking.
- Between 30 days and 44 days before the holiday start date, 75 euros per booking.
-Between 29 days and 21 days before the holiday start date, 25% of the total amount of the booking.
- Between 20 days and 10 days before the holiday start date, 50% of the total amount of the booking.
- 9 days or less before the holiday start date, 100% of the total amount of the booking.

In case of cancellation after multiple bookings, Belambra Clubs will apply these cancellation conditions to each of the cancelled holidays.

 

In the event of cancellation by the customer due to an event of force majeure, as defined in article 1218 of the French Civil Code, immediate reimbursement of the amounts paid will be made, without deduction of the above-mentioned cancellation penalties.


13. MODIFICATION OR CANCELLATION BY BELAMBRA CLUBS
 13.1 In the event of cancellation attributable to Belambra Clubs, where no equivalent alternative arrangement is offered, you will immediately be refunded all amounts paid and will receive as compensation an amount equal to the penalty you would have had to pay if the cancellation had been made by you on the same date. In the event of a cancellation attributable to Belambra Clubs for an event classed as force majeure, as defined in article 1218 of the French Civil Code, only the immediate reimbursement of the amounts paid will be afforded, excluding any other compensation.


13.2 Modification by Belambra Clubs
Where, before departure, one of the essential components of the tour or holiday cannot be provided due to an event which could not be foreseen by Belambra Clubs on the day the contract is entered into and which is attributable to a third party not involved in the provision of services under the contract or to an event of force majeure as defined by law, we will inform you without delay by any available means.
You will then have the option of either forgoing the tour and/or holiday or accepting the modification we will offer you. You must let us know your choice within 72 hours after being informed (forgoing the tour and/or holiday will result in immediate refund of all amounts paid while acceptance will only result in immediate refund of any overpayment if applicable).
It is specified that should you forgo the tour modified by Belambra under the present article 13.2, this will not give rise to payment of the compensation referred to in article 12, equal to the penalty that you would have incurred if the cancellation had been made by you.


14. HANDOVER OF KEYS

The keys will be handed over between 5 pm and 8 pm on the day of your arrival. The keys must be returned before 10 am on the day of your departure. For weekends and public holiday weekends (other than French school holidays), arrivals are possible from noon on Saturdays and public holidays. Keys must be returned before 2 pm on Sundays or bank holidays, with the option of staying to enjoy the club until 6 pm.


15. YOUR PETS

Pets are not allowed in our Clubs, except in Clubs specified in our catalogues and on the internet. Pets may be allowed in these Clubs subject to basic hygiene rules, veterinary procedures (vaccinations up to date, etc.) and Club regulations. Payment on site: €40/pet/week or €10/pet/day We wish to draw the attention of families to the risks of finding that they are not allowed access to the establishment if they fail to comply with these regulations.

16. PROTECTION OF PERSONAL DATA

In accordance with Law no. 78-17 relating to data processing, files and freedom of January 6, 1978, you are informed that we may be required, with your agreement, to transmit the collected information to third parties for marketing or promotional purposes. The collection of your e-mail address at the time of your booking is necessary for the processing of your order and the management of our commercial relations. Our company is the sole recipient of this information. This data is kept for the time necessary for the purpose of processing it. Pursuant to the above-mentioned Law, you have the right to access, modify or object to the processing of your personal details. To exercise this right, contact Belambra Clubs, 63 avenue du Général Leclerc - 92340 BOURG LA REINE - France. Similarly, you can ask not to receive our offers by writing to the above address.
In addition, pursuant to article L.223-2 of the Consumer Code, Belambra Clubs informs you of your right to register on the Bloctel list to block unwanted telephone calls.

17. CLAIMS


After your holiday, any complaint you may have can be sent to us by registered letter with advice of receipt to our postal address or by e-mail to Src.Dc@belambra.fr within one month after the end of your holiday, quoting your booking number.
 

If you make a complaint to our customer service but you are not satisfied with our response, you can contact the Association of European Ombudsmen at the following address: 11, Place Dauphine – 75001 PARIS. You will find the application instructions on the following site: www.mediationconso-ame.com.

 

18. EXTERNAL SERVICES

The external services linked to ski lessons (ESF), ski passes, fitness/leisure packages and ski equipment are purchased by Belambra Clubs on behalf of its customers. Belambra acts as an agent.
Belambra will bill the customer for the full amount corresponding to the services in the event of any cancellation of these external services by the customer 7 days or less before the holiday start date.


19. APPLICABLE LAW - JURISDICTION

All sales agreements entered into with consumers residing in France or abroad are governed by French law. All disputes shall be handled by French courts.
THE ACT OF BOOKING ONE OF OUR TOURS OR HOLIDAYS IMPLIES FULL ACCEPTANCE OF OUR GENERAL TERMS AND CONDITIONS OF SALE
Belambra Clubs, a simplified joint-stock company with capital of € 8,000,000, registered in the Nanterre Register of Companies under number 322 706 136, represented by its Chairman Mr Frédéric Le Guen - registered in the Register of Travel and Holiday Operators under number IM092120049 - with registered office at 63, Avenue du General Leclerc - TSA 30001 - 92340 BOURG LA REINE - France. Guarantor: Groupama Assurance-Crédit, 8-10, Rue d’Astorg, 75008 Paris – Insurer: AXA France IARD, 313, Terrasse de l’Arche, 92727 Nanterre Cedex –France. Intra-Community VAT number: FR26322706136.
In the event of misprints or omissions on the website, Belambra Clubs reserves the right to correct any clerical errors which may have occurred in its documents. The illustrations and photos, mainly concerning the refurbished sites, are not contractually binding.

20. LEGAL AND REGULATORY PROVISIONS (FRENCH TOURISM CODE)

Tour and holiday contract of sale

Article R211-3
: Subject to the exclusions set out in the third and fourth paragraphs of article L. 211-7, all offers and sales of tour or holiday services are dependent on the provision of the appropriate documents in accordance with the rules set out in this section. In the case of the sale of air transport tickets or transport tickets on scheduled services not accompanied by services associated with this transport, the vendor shall supply the purchaser with one or more tickets for the whole of the tour issued by the transport provider or under its responsibility. In the case of transport on request, the name and address of the transport provider on behalf of whom the tickets are issued must be stated. Separate invoicing of the various items of a given fixed-price tourist package does not release the vendor from its obligations as stated herein.

Article R211-3-1: Pre-contract information and contract conditions are made available in writing. They can be made available electronically according to the conditions of validity and terms of performance in articles 1125 to 1127-6, 1176 and 1177 of the French Civil Code. The name or registered name of the vendor as well as his address and registration number are stated in part a of article L.141-3 or, failing this, the name, address and registration number of the federation or the union mentioned in the second paragraph of article R. 211-2.

Article R211-4: Prior to the conclusion of the contract, the vendor must convey to the consumer information on the prices, dates and other items constituting the services provided on the tour or holiday, such as:
1) The destination, means, characteristics and categories of transportation used;
 2) The type of accommodation, its location, its level of comfort and its main characteristics, its approval and tourist classification under the regulations or common practices of the host country;
 3) The proposed catering services;
4) A description of the itinerary in the case of a circuit;
5) The administrative and health formalities to be completed by the domestic or overseas-resident nationals of another member State of the European Union or of a State which is party to the Agreement on the European Economic Area in the event of, inter alia, the crossing of borders and the time for completing such crossing;
6) The visits, excursions and other services included in the package or available for an additional charge;
7) The minimum or maximum size of the group allowing the performance of the tour or holiday and, where the performance of the tour or the holiday is subject to a minimum number of participants, the deadline for notifying the consumer if the tour or holiday is cancelled; this date cannot be less than twenty-one days before departure;
8) The amount or percentage of the price to be paid as an advance payment on entering into the contract and the timetable for payment of the balance;
9) The price revision procedures provided in the contract pursuant to article R. 211-8;
10) The contractual cancellation conditions;
11) The cancellation conditions defined in articles R. 211-9, R. 211-10 and R. 211-11;
12) Information relating to the optional insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness;
13) Where the contract includes air transportation services, the information, for each leg of the flight, specified in articles R. 211-15 to R. 211-18.

Article R211-5: The information provided to the consumer in advance is binding on the vendor, unless it states that the vendor has expressly reserved the right to modify certain components thereof. The vendor must, in this case, indicate clearly under what conditions modifications may be made and to which components. In any case, modifications made to advance information must be sent to the consumer before the contract is agreed.

Article R211-6: The contract agreed between the vendor and purchaser must be written and drawn up in duplicate, a copy of which is handed to the purchaser, and signed by both parties. When the contract is agreed by electronic means, articles 1125 to 1127-6, 1176 and 1177 of the French Civil Code apply. The contract must contain the following clauses:
1) The name and address of the vendor, its guarantor and insurer, and the name and address of the organiser;
2) The destination(s) of the tour and, in the case of a split holiday, the relevant periods and dates;
3) The means, characteristics and categories of transportation used, and 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 according to the regulations or practices of the host country;
5) The proposed catering services;
6) The itinerary in the case of a circuit;
7) The visits, excursions or other services included in the total price of the tour or holiday; 8) The total price of the services invoiced and an indication of any potential revision of such invoicing pursuant to article R. 211-8;
9) Indication, where applicable, of fees or taxes relating to certain services, such as landing, departure or arrival taxes at ports and airports and visitors’ taxes, when such fees and taxes are not included in the price of the service(s) provided;
10) The schedule and terms of payment of the price; the final instalment made by the purchaser may not be less than 30% of the price of the tour or holiday and must be paid on receipt of the documents required to undertake the tour or holiday;
11) The special conditions requested by the purchaser and accepted by the vendor;
12) The procedure by which the purchaser may lodge a claim against the vendor for failure to perform the contract or unsatisfactory performance of the contract; claims must be sent to the vendor as soon as possible by any means providing advice of receipt and, where appropriate, notified in writing to the travel organiser and the provider of the services concerned;
13) The date by which the vendor must notify the purchaser that the tour or holiday has been cancelled where the tour or holiday depends on having a minimum number of participants, in accordance with the terms of paragraph 7) of article R. 211-4;
14) The contractual cancellation conditions;
15) The cancellation conditions defined in articles R. 211-9, R. 211-10 and R. 211-11;
16) Details of the risks covered and the amounts guaranteed under the insurance policy covering the professional civil liability of the vendor;
17) Details of the insurance policy taken out by the purchaser (policy number and insurer's name) covering the consequences of certain cases of cancellation, as well as details of the assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness; in this case the vendor must provide the purchaser with a document specifying at least the risks covered and the risks not covered;
18) The date by which the vendor must be notified if the purchaser assigns the contract;
19) The vendor's undertaking to provide the following information to the purchaser at least ten days before the date set for his/her departure: a) The name, address and telephone number of the vendor's local representative or, if there is none, the names, addresses and telephone numbers of local organisations who might be able to help the consumer in case of difficulty, or failing this, the number to call to establish emergency contact with the vendor; b) For minors travelling or holidaying abroad, a telephone number and address enabling direct contact with the child or the person responsible on the site where the child is staying;
20) The clause for cancellation and refund without penalties of sums paid by the purchaser in the event of non-compliance with the obligation to notify pursuant to paragraph 13) of article R. 211-4; 21) The vendor's undertaking to supply to the purchaser, on time and before the start of the tour or holiday, the departure and arrival times.

Article R211-7: The purchaser may transfer his/her contract to a third party who fulfils the same conditions as him or herself for the tour or holiday, so long as this contract has not had any effect. In the absence of any condition more favourable to the transferor, the latter must notify the vendor of his/her decision by any means offering acknowledgement of receipt at least seven days before the start of the tour. For cruises, this notification must be sent fifteen days before the start of the cruise. In no case is prior authorisation required from the vendor in order to transfer the contract.

Article R211-8: When the contract contains the express possibility that the price may be modified, within the limits defined in article R. 211-12, mention must be made of the specific reasons for the price modification, either increase or decrease, in particular the associated amount of transport costs and taxes, the currency or currencies that may affect the price of the tour or holiday, the proportion of the price to which the modification applies, and the currency rate(s) used as a basis for setting the price given in the contract.

Article R211-9: When the vendor finds that it has to amend one of the essential clauses of the contract, such as increasing the price significantly before the purchaser's departure, and fails to notify pursuant to paragraph 13) of article R. 211-4, the purchaser may, without prejudice to possible claims for damage suffered, and having been notified by the vendor by any means allowing advice of receipt:
-either terminate the contract and obtain the immediate reimbursement of the sums paid without penalty;
 -or accept the modification or the replacement tour offered by the vendor; an amendment to the contract specifying the changes made is then signed by the parties; any price reduction will be deducted from the remaining amount owed by the purchaser and, if the amount paid by the latter exceeds the price of the modified service, the excess amount paid must be returned to him before the date of departure.

Article R211-10: In the case covered by article L.211-14, if the vendor cancels the tour or holiday before the departure of the purchaser, he must inform the purchaser using any means offering acknowledgement of receipt; without prejudice to recourse to compensation for any damages which may have been incurred, the purchaser shall obtain an immediate refund from the vendor, without penalty, for the amount already paid; in this case, the purchaser receives compensation at least equal to the penalty to which he would have been subjected if the cancellation were attributable to him on this date.
The terms of this article in no way impede the conclusion of an amicable settlement by which the purchaser accepts a substitute tour or holiday offered by the vendor.

Article R211-11: If, after the purchaser’s departure, the vendor finds it impossible to supply a major part of the services described in the contract representing a significant proportion of the price paid by the purchaser, the vendor must immediately take the following measures without prejudice to payment of compensation for any damages incurred:
-either offer services to replace the scheduled services, possibly assuming the cost of any price supplement and, if the services accepted by the purchaser are of inferior quality, the seller must reimburse him the difference in price as soon as he returns;
 -or, if the seller can offer no replacement service or if these are rejected by the purchaser for valid reasons, provide the purchaser with travel tickets, at no extra cost, ensuring his return to the place of departure or to another site accepted by both parties in conditions which can be deemed equivalent.
The provisions of this article are applicable in the event of non-compliance with the obligation set out in item 13 of article R. 211-4.

Article R211-12: The provisions of articles R. 211-3 to R. 211-11 must be included in the brochures and tour contracts offered by the persons mentioned in article L. 211-1.

Article R211-13: The purchaser can no longer invoke the benefit of the clause mentioned in paragraph 20) of article R. 211-6 after the service has been provided.

 

 
 

Groups

The purpose of these General Terms and Conditions of Sale (hereinafter "the GTS") is to set out the respective obligations of BELAMBRA CLUBS and its customers, referred to as the "group customer" or "group" in their contractual relations relating to the sale of Group Holidays (hereinafter "the group(s)"). When these relations arise between BELAMBRA CLUBS and legal entities or any other entity in any form, the latter may be "professional" or "non-professional" entities for the purposes of the Consumer Code. Therefore certain provisions of the Consumer Code may apply, including those referred to in our "Individual" General Terms of Sale.

 

The fact that BELAMBRA CLUBS does not avail itself of one or more of the provisions of the GTS in no way implies a waiver of its rights to do so. Any booking implies the group's full compliance with and application of the GTS which shall prevail over any other document, unless otherwise agreed beforehand by Belambra Clubs in writing. Changes to these GTS may be made in the future by Belambra.



 

1. Definition of a group

BELAMBRA CLUBS offers preferential rates to "group customers" consisting of groups of more than 20 paying members. Under the terms of the GTS, a group is one which books a holiday that starts and ends on the same date for all members and whose members benefit in common from the services included in the price and booked at the same time or under the same booking number and which result in single invoicing of the group regardless of its form (company, association, CE or any form of grouping of 20 or more participants) and whether this group is "professional" or "non-professional" for the purposes of the Consumer Code.



 

2. Details of our holidays

For specific details concerning the content of the services available at each holiday destination, refer to the terms on your quote.



 

3. Booking and payment

3.1. Standard booking: your booking request must be accompanied by a down-payment to cover: 20% of the total price of the holiday (excluding booking fees and insurance) plus 100% of the booking fees and 100% of the premium if insurance has been taken out, for France. The outstanding balance must be paid no later than thirty days prior to the departure date. A flat rate booking fee of €59 will be charged for each booking. Upon receipt of your first down-payment, a holiday confirmation will be sent to you stating the amount paid, the outstanding balance and the services provided. On receipt of your final payment and between 3 weeks and no later than one week before your departure, you will be sent an exchange coupon.
Booking with transportation: the above-mentioned conditions apply with the exception of the amount of the deposit which will be 25% of the total price of the holiday (excluding booking fees and insurance), and the deadline by which to pay the balance of the price, which must be no later than forty-five days before the departure date.


3.2. Booking less than thirty days before departure – Last minute booking: Customers registering less than thirty days before departure must pay the full holiday price upon booking. Depending on the booking date, we may not always be able to send you a holiday confirmation. It shall then be deemed that you have accepted all of the information relating to our services stated to you orally.    

3.3. Balance: non-payment of the balance owed by the dates indicated above shall be considered as a cancellation and access to the resort will be prohibited. Additional services not set out in the holiday confirmation and personal expenses must be paid for on-site before the end of your holiday.



 

4. Prices

Refer to the quote. Our prices are shown net of transportation tax and including all taxes (except visitors' tax), including VAT at the rate applicable on the day of the booking. Our prices including tax are subject to change in the event of an increase in the tax rates to which our holidays are subject. Prices are given as part of a package based on the number of nights. Curtailed holidays or services not taken up shall not give rise to a refund. The customer shall be liable for any additional services arising from an involuntary extension of the holiday (collapsed road, weather conditions, etc.). Holiday extensions shall be invoiced on a daily basis according to the price rate which applies to the holiday.             

4.1. Visitors' tax: Visitors' tax, collected on behalf of municipalities, is not included in our prices. This is payable on-site.     

4.2. Transport: where the services provided include air travel, our prices (including tax) are based on prices given to us by airlines for a specific seat class, subject to availability. When this class is full, we can offer you another seat class for an additional fee and subject to availability. Any modification of the conditions of transportation which occurs outside the control of Belambra Clubs may lead the latter to offer different dates and conditions. A supplement may then be requested.

4.3. Free place: the driver of the group will receive free accommodation, with the exception of Girs (Groupes Individuels Reconstitués) Corsica.

4.4. Price modification: the prices given in our catalogue have been calculated taking into account the economic data applicable at the time of going to press and in particular the total cost of transportation and related taxes, in particular the cost of fuel, which could have an impact on the price of the tour or holiday. If these data change significantly, the price you pay could be revised: changes in the total amount of taxes and duties and/or the cost of transport could be incorporated across our prices and the percentage variation in the exchange rate could be applied to the relevant section of the global contract. If you have not yet booked on the day on which these data change, the revised price of your holiday will be confirmed when you book. If you have already booked, the fixed price of the contract shall no longer be subject to a price increase in the 30 days preceding the planned date of departure.

4.5. Registration fees: A flat rate booking fee of €59 will be charged by Belambra Clubs for each booking. These booking fees will only be refunded if the cancellation is attributable to Belambra Clubs.



 

5. Modification and cancellation

5.1. Modification attributable to the customer: any modification to the number of guests (increase or decrease) as described in the contract shall be subject to a prior written agreement. The date of receipt by Belambra Clubs of the modification request shall be conclusive. If the number of people in the group is reduced: if notification of this modification is sent to BELAMBRA CLUBS: it shall be subject to modification fees to be determined as follows:

For the holiday (not including transport):

  • Between 90 days and 30 days before departure: 10% of the difference in the cost of the holiday resulting from the partial cancellation.
  • Between 29 days and 8 days before departure: 50% of the difference in the cost of the holiday resulting from the partial cancellation.
  • 7 days or less before the departure date: 100% of the difference in the cost of the holiday resulting from the partial cancellation.

 

For transport (in addition to the holiday costs indicated above):

  • Air, ferry and train travel:
  • More than 30 days before departure : 75 € per person
  • 30 days or less before the date of departure: 100% of the difference in the cost of transport resulting from the partial cancellation.

 

Any modification requests relating to an increase in the number of participants can only be accepted subject to availability. Any modification requests relating to the holiday dates, the choice of destination or the services constitutes both a request for cancellation subject to the general conditions set forth hereinafter and a request for a new booking.

 

5.2. Cancellation attributable to the customer: any request for cancellation must be given in writing. The date of receipt by Belambra Clubs of the cancellation request shall be conclusive. It shall be subject to cancellation fees calculated as follows, for the cancellations requested:

For the holiday (not including transport):

  • Between 90 days and 30 days before departure: 10% of the total amount of the holiday.
  • Between 29 days and 8 days before departure: 50% of the total amount of the holiday.
  • 7 days or less before the departure date: 100% of the total amount of the holiday


For transport (in addition to the holiday costs indicated above):


Air, ferry and train travel:

  • More than 30 days before departure : 75 € per person
  • 30 days or less before the date of departure: 100% of the cost of transportation

 

Coach travel:

  • Between 29 days and 15 days before departure: 40% of the cost of transportation.
  • 14 days or less before the date of departure: 100% of the cost of transportation

 

In the event of cancellation by the customer (i) due to an event of force majeure as defined in article 1218 of the French Civil Code or (ii) occurring under the conditions of article 5.3.2, immediate reimbursement of the amounts paid will be made, without application of the above-mentioned cancellation penalties.

 

5.3. Modification or cancellation attributable to BELAMBRA CLUBS:


5.3.1 Cancellation attributable to Belambra Clubs

 
In the event of cancellation attributable to Belambra Clubs, where no equivalent alternative arrangement is offered, you will immediately be refunded all amounts paid and will receive as compensation an amount equal to the penalty you would have had to pay if the cancellation had been attributable to you on the same date. The date on which you receive notification of cancellation by Belambra Clubs shall be conclusive.
In the event of a cancellation attributable to Belambra Clubs for an event classed as force majeure, as defined in article 1218 of the French Civil Code, only the immediate reimbursement of the amounts paid will be afforded, excluding any other compensation.


5.3.2 Modification attributable to Belambra Clubs

  
Where, before departure, one of the essential components of the tour or holiday cannot be provided due to an event which could not be foreseen by Belambra Clubs on the day the contract was entered into and which is attributable to a third party not involved in the provision of services under the contract or to an event of force majeure as defined by law, we will inform you without delay by any available means.

You will then have the option of either forgoing the tour and/or holiday or accepting the modification we will offer you. You must let us know your choice within 48 hours after being informed, the date on which you receive notification of the modification made by Belambra Clubs being conclusive. Cancellation will result in immediate refund of all amounts paid while acceptance will only result in refund of any overpayment if applicable. It is specified that should you forgo the tour modified by Belambra Clubs under the present article 5.3.2, this will not give rise to payment of the compensation referred to in article 5.2, equal to the penalty that you would have incurred if the cancellation had been made by you.

 

5.4. Modification to programmes:


In the event of force majeure we may be obliged to modify all or part of our services or to close access to shared equipment etc. In these circumstances, we will offer you services to replace those which cannot be provided or a flat-rate compensation payment. In the case of a holiday including air travel, you will be given the flight schedule and routes, subject to last-minute changes. Flight delays, due to factors such as airport congestion, the increase in air traffic, strikes or poor weather conditions are sometimes inevitable. We cannot be held liable in any way whatsoever for any changes to airport or flight schedules. In the event of unavailability or cancellation beyond our control of the flight booked, we reserve the right to arrange for you to travel on another flight at an equivalent price.



 

6. Late payment

In the context of contracts with "professional" entities, it is specified that late payment will result in the application of interest of three times the legal rate by way of penalties. Furthermore, and in accordance with the provisions of the law of 22 March 2012, it is specified that the flat-rate compensation for recovery costs to be paid in addition to the late payment penalties shall be 40 euros.



 

7. Execution of the contract


7.1. Transport: with regard to transport, the meeting time which you are given must be respected, otherwise you will be accountable for the consequences of your late arrival.

 

7.2. Arrival/departure: for holidays, keys will be handed over up to 8 pm on the day of your arrival. The keys must be returned before 10 am on the day of your departure. For weekends, keys will be handed over up to 9 pm on Fridays or Saturdays. The keys must be returned before 5 pm on Sundays.



 

8. Liability

Belambra Clubs shall be liable for the proper execution of the obligations expressly arising from the contract — excluding any non-contractual services for which you may have received information. Notwithstanding, Belambra Clubs shall be relieved of all or part of its responsibility in the event that the non-performance or improper performance of the contract is attributable either to the purchaser or to an unpredictable or insurmountable event caused by a third party extraneous to the provision of services set forth in the contract, or to a case of force majeure as defined in article 1218 of the French Civil Code. Furthermore, it is stipulated that the holiday rentals in our tourist residences and in our club villages do not fall within the scope of hoteliers' responsibilities and that consequently, Belambra Clubs shall not be held liable in the event of loss, theft or damage to personal effects in the residences, apartments, car parks or common areas (ski storage rooms, bike rooms etc.).



 

9. Protection of personal data

In accordance with Law no. 78-17 relating to data processing, files and freedom of January 6, 1978, we hereby inform you that in order to process your group booking, all information relating to you will be collected by BELAMBRA CLUBS and, where necessary, will be sent to any company within the Group to which BELAMBRA CLUBS belongs. We may also be required, with your agreement, to transmit this information to third parties for marketing or promotional purposes. This data is kept for the time necessary for the purpose of processing it. Under the aforementioned Act, you have the right to access, modify or oppose the processing of your personal details. To exercise this right, contact BELAMBRA CLUBS, 63 avenue du Général Leclerc - 92340 BOURG LA REINE - France.




10. Complaints

Our on-site teams are on-hand during your stay to handle any grievances, resolve any issues which arise and ensure that you thoroughly enjoy your holiday. Please see the on-site team if you have any queries. After your holiday, any complaint you may have can be sent by registered letter with advice of receipt to Belambra - Service Relation Clientèle - 63 avenue du Général Leclerc - 92340 BOURG LA REINE, or by e-mail to: dc.src@belambra.fr within one month after the end of your holiday, so that we can respond to it as soon as possible. We would like to draw your attention to the fact that the sooner you inform us of your complaint, the easier it will be for us to resolve the issue to your satisfaction. To help us process your complaint, we would appreciate it if you would specify, in your letter or e-mail, the name of the person who made the booking, your booking number, the locations and dates of your holiday and the type of apartment or room booked. We would also be grateful if you would include in your letter or email any supporting documentation to enable us to process your complaint in the shortest time possible: statement issued by the site or personal documents (record of services not taken up, record of early departure, hospital admission letter etc.).

 

11. Insurance

During their holiday, customers at BELAMBRA CLUBS benefit from an insurance policy taken out on their behalf, covering: burglary of the apartments, subject to certain conditions and exclusions. BELAMBRA CLUBS recommends that you contact your insurance company for additional cover for your personal items whilst on holiday. You have the right to take out optional insurance to cover any fees relating to the cancellation of your booking or curtailment of your holiday and any repatriation costs. To give you peace of mind when you go on holiday, BELAMBRA CLUBS has chosen the insurance company MUTUAIDE ASSISTANCE, which can offer you preferential rates. On booking your holiday, purchase this Group Multirisk insurance on offer which covers you before, during and after your holiday: cover for cancellation of/curtailment to your holiday, repatriation assistance and luggage. In fact, in the event of cancellation or curtailment of your holiday, BELAMBRA CLUBS can only refund the unused portion of the holiday if it is responsible for the cancellation or the cancellation has been made by the customer due to a case of force majeure or under the conditions of article 5.3.2. We therefore strongly recommend that you take out this insurance which will entitle you to trouble-free compensation or repatriation. A summary of the cover and prices can be sent to you on request. Conditions detailed in the insurance contract which will be sent to you on taking out the policy (no refund shall be issued for this insurance).

 

12. House rules

The house rules are posted in each apartment. Please read them and comply with them. Swimming pools: when using the swimming pools, children must be accompanied by their parents/legal guardians or other adult designated by these and they remain under their responsibility.

 

 

13. Group ticket

Registration for a group ticket requires return travel with the group. In the event that the participant cannot use this service, no refund shall be issued.

 

14. Applicable law - Jurisdiction

All sales agreements entered into in France or abroad with a Group of any nationality are governed by French law. All disputes shall be handled by French courts.

 

THE ACT OF BOOKING ONE OF OUR TOURS OR HOLIDAYS IMPLIES FULL ACCEPTANCE OF OUR GENERAL AND SPECIFIC CONDITIONS OF SALE.

Belambra Clubs, a simplified joint-stock company with capital of € 8,000,000, registered in the Nanterre Register of Companies under number 322 706 136, represented by its Chairman Mr Frédéric Le Guen - registered in the Register of Travel and Holiday Operators under number IM092120049 - with registered office at 63, Avenue du General Leclerc - TSA 30001 - 92340 BOURG LA REINE - France.
Guarantor: Groupama Assurance-Crédit, 8-10, Rue d’Astorg, 75008 Paris – Insurer: AXA France IARD, 313, Terrasse de l’Arche, 92727 Nanterre Cedex –France. Intra-Community VAT number: FR26322706136.


In the event of misprints or omissions on the website, Belambra Clubs reserves the right to correct any clerical errors which may have occurred in its documents. The illustrations and photos, mainly concerning the refurbished sites, are not contractually binding.

 

 

15. LEGAL AND REGULATORY PROVISIONS (FRENCH TOURISM CODE)


Tour and holiday sales contract

 

Article R211-3: Subject to the exclusions set out in the third and fourth paragraphs of article L. 211-7, all offers and sales of tour or holiday services are dependent on the provision of the appropriate documents in accordance with the rules set out in this section. In the case of the sale of air transport tickets or transport tickets on scheduled services not accompanied by services associated with this transport, the vendor shall supply the purchaser with one or more tickets for the whole of the tour issued by the transport provider or under its responsibility.


In the case of transport on request, the name and address of the transport provider on behalf of whom the tickets are issued must be stated. Separate invoicing of the various items of a given fixed-price tourist package does not release the vendor from its obligations as stated herein.


Article R211-3-1:The exchange of pre-contract information and the provision of contract terms must be in writing. They can be made available electronically according to the conditions of validity and terms of performance in articles 1125 to 1127-6, 1176 and 1177 of the French Civil Code. The name/company name of the vendor as well as its address must be mentioned, together with its number in the register specified in article L.141-3, or alternatively the name, address and registration number of the federation or union mentioned in the second paragraph of article R. 211-2.

Article R211-4: Before signing the contract, the vendor must provide the consumer, in a written document bearing the company’s name, address and official operating authorisation, with details of the prices, dates and other details of the services provided for the tour or holiday such as:

1) The destination, means of transport, characteristics and categories of transport used;

2) The type of accommodation, its location, level of comfort and main characteristics, its certification and tourist classification in accordance with the regulations or practices of the host country;

3) The meal services offered;

4) Description of the itinerary (for tours);

5) The administrative and health formalities to be completed by the domestic or overseas-resident nationals of another member State of the European Union or of a State which is party to the Agreement on the European Economic Area in the event of, inter alia, the crossing of borders and the time for completing such crossing;

6) Visits, excursions and other services included in the price or available on payment of a supplement;

7) The minimum or maximum group size required to undertake a tour or holiday and, if the tour or holiday requires a minimum number of participants, the date by which the consumer must be notified in case the tour or holiday is cancelled; this date cannot be less than twenty-one days before departure;

8) The amount or percentage of the price to be paid as a deposit on signing the contract and the schedule for payment of the balance;

9) The price modification procedures as set out in the contract, in accordance with article R.211-8;

10) The terms and conditions of cancellation set out in the contract;

11) The cancellation terms and conditions set out in articles R. 211-9, R. 211-10 and R. 211-11;

12) Information relating to the optional insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness.

13) Where the contract includes air transportation services, the information for each leg of the flight, pursuant to articles R. 211-15 to R. 211-18.

 

Article R211-5: The information provided to the consumer in advance is binding on the vendor, unless it states that the vendor has expressly reserved the right to modify certain components thereof. The vendor must, in this case, indicate clearly under what conditions modifications may be made and to which components. In any case, modifications made to advance information must be sent to the consumer before the contract is agreed.

 

Article R211-6: The contract agreed between the vendor and purchaser must be written and drawn up in duplicate, a copy of which is handed to the purchaser, and signed by both parties. When the contract is agreed by electronic means, articles 1125 to 1127-6, 1176 and 1177 of the French Civil Code apply.


The contract must contain the following clauses:

1) Name and address of the vendor, its guarantor and insurance company as well as the name and address of the organiser;

2) The travel destination(s) and, in the case of a multi-destination holiday, the various periods and their dates;

3) The means of transportation used as well as its characteristics and categories, and the dates and places of departure and return;

4) The type of accommodation, its location, level of comfort and main characteristics and its tourist classification according to the regulations or practices of the host country;

5) The meal services offered;

6) The itinerary (for tours);

7) The visits, excursions or other services included in the total price of the tour or holiday;

8) The total price of the services invoiced and an indication of any possible adjustment to this price under the terms of article R. 211-8;

9) Indication, if appropriate, of the fees or taxes payable for certain services such as landing, departure or arrival taxes in ports and airports or visitors' taxes when these are not included in the price of the service(s) provided;

10) The schedule and terms of payment of the price; the final instalment made by the purchaser may not be less than 30% of the price of the tour or holiday and must be paid on receipt of the documents required to undertake the tour or holiday;

11) The special conditions requested by the purchaser and accepted by the vendor;

12) The procedure by which the purchaser may make a claim against the vendor for failure to perform the contract or unsatisfactory performance of the contract; claims must be sent to the vendor as soon as possible by any means providing advice of receipt and, where applicable, notified in writing to the tour organiser and the provider of the services concerned;

13) The date by which the purchaser must be notified of cancellation of the tour or holiday if the tour or holiday depends on having a minimum number of participants, in accordance with the terms of item 7 of article R. 211-4;

14) The terms and conditions of cancellation set out in the contract;

15) The cancellation terms and conditions set out in articles R. 211-9, R. 211-10 and R. 211-11;

16) Details of the risks covered and the amounts guaranteed under the insurance policy covering the professional civil liability of the vendor;

17) Details of the insurance policy taken out by the purchaser (policy number and insurer's name) covering the consequences of certain cases of cancellation, as well as details of the assistance contract covering certain specific risks, in particular repatriation costs in case of accident or illness; in this case the vendor must provide the purchaser with a document specifying the risks covered and the risks not covered;

18) The date by which the vendor must be notified if the purchaser assigns the contract;

19) The vendor's undertaking to provide the following information to the purchaser at least ten days before the date set for his/her departure: a) The name, address and telephone number of the vendor's local representative or, if there is none, the names, addresses and telephone numbers of local organisations who might be able to help the consumer in case of difficulty, or failing this, the number to call to establish emergency contact with the vendor; b) For minors travelling or holidaying abroad, a telephone number and address enabling direct contact with the child or the person responsible on the site where the child is staying;

20) The clause for cancellation and refund without penalty of the amounts paid by the purchaser in the event of non-compliance with the information obligation specified in paragraph 13 of article R. 211-4;

21) The vendor's undertaking to notify to the purchaser, in good time before the start of the tour or holiday, the departure and arrival times.

 

Article R211-7: The purchaser may transfer his/her contract to a third party who fulfils the same conditions as him or herself for the tour or holiday, so long as this contract has not had any effect. In the absence of any condition more favourable to the transferor, the latter must notify the vendor of his/her decision by any means offering acknowledgement of receipt at least seven days before the start of the tour.


For cruises, this notification must be sent fifteen days before the start of the cruise. In no case is prior authorisation required from the vendor in order to transfer the contract.

 

Article R211-8: When the contract contains the express possibility that the price may be modified, within the limits defined in article R. 211-12, mention must be made of the specific reasons for the price modification, either increase or decrease, in particular the associated amount of transport costs and taxes, the currency or currencies that may affect the price of the tour or holiday, the proportion of the price to which the modification applies, and the currency rate(s) used as a basis for setting the price given in the contract.

Article R211-9: When the vendor finds that it has to amend one of the essential clauses of the contract, such as increasing the price significantly before the purchaser's departure, and fails to notify pursuant to paragraph 13) of article R. 211-4, the purchaser may, without prejudice to possible claims for damage suffered, and having been notified by the vendor by any means allowing advice of receipt:


- either terminate the contract and obtain the immediate reimbursement of the sums paid without penalty;  - or accept the modification or the replacement tour offered by the vendor; an amendment to the contract specifying the changes made must then be signed by the parties; any price reduction will be deducted from any remaining amount owed by the purchaser and, if the amount paid by the latter exceeds the price of the modified service, the excess amount paid must be returned to him before the date of departure.


Article R211-10: In the case covered by article L.211-14, if the vendor cancels the tour or holiday before the departure of the purchaser, he must inform the purchaser using any means offering acknowledgement of receipt; without prejudice to recourse to compensation for any damages which may have been incurred, the purchaser shall obtain an immediate refund from the vendor, without penalty, for the amount already paid; in this case, the purchaser receives compensation at least equal to the penalty to which he would have been subjected if the cancellation were attributable to him on this date.
The terms of this article in no way impede the conclusion of an amicable settlement by which the purchaser accepts a substitute tour or holiday offered by the vendor.


Article R211-11: When, after the purchaser’s departure, the vendor finds it impossible to supply a major part of the services described in the contract representing a significant proportion of the price paid by the purchaser, the vendor must immediately take the following measures without prejudice to payment of compensation for any damages incurred:


- either propose services to replace the services initially planned, bearing the cost of any price supplement and, if the services accepted by the purchaser are of lower quality, the vendor shall refund the purchaser for the price difference upon his/her return;


- or, if the vendor is unable to offer any replacement service or if the purchaser refuses such services for valid reasons, the vendor shall supply the purchaser, without additional cost, with tickets for his or her return, in conditions that may be considered equivalent, to the place of departure or another place agreed by both parties.


The provisions of this article are applicable in the event of non-compliance with the obligation set out in item 13 of article R. 211-4.


Article R211-12: The provisions of articles R. 211-3 to R. 211-11 must be included in the brochures and tour contracts offered by the persons mentioned in article L. 211-1.


Article R211-13: The purchaser can no longer invoke the benefit of the clause mentioned in paragraph 20) of article R. 211-6 after the service has been provided.