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 “GCS”) is to set out the respective obligations of Belambra Clubs and the customer (hereinafter, “the Customer(s)”) in their contractual relations concerning the sale of Individual Holidays. For Belambra Clubs, not availing themselves of one or more of the provisions of the GCS shall not be construed as a waiver. Any booking implies the Customer’s unreserved application of and full adherence to the GCS, which shall prevail over any other document, unless otherwise agreed by Belambra Clubs in writing. These GCS apply to all customers. Modifications may be made to these GCS by Belambra Clubs for future use.

 

General provisions

 

The GCS comprise the present written terms and conditions of sale which set out the terms of payment which are an integral part thereof. In respect of prices, any document other than the GCS that indicates a price, in particular the website, catalogues, brochures, advertisements and notices, is for informative and indicative purposes only; prices must be determined for each Customer in accordance with factors including the booking dates of the Individual Holiday and the number of guests on that holiday.

 

Individual Holidays must meet the definition of a “tourist package” within the meaning of Article L.211-2, section II, of the French Tourism Code, based on Directive (EU) 2015/2302, when they are to be sold by Belambra Clubs in combination with:

  • transfers to the club;

or

  • tourist services worth over 25% of the total package value or advertised as an essential component of the package.

 

In such situations, the conditions relating to the arrangement and sale of the tourist packages in question are defined in the French Tourism Code and in particular Articles L. 211-1 et seq. and R. 211-1 et seq. of said Code, which are reproduced in Article 21 of the GCS following the standard information form for package travel contracts.

    1. SERVICES AND BOOKINGS

 

The individual components of the services provided during our tours and holidays are detailed in our catalogues and on our website. Tourist information for activities not offered as part of the holiday is given as general information. For example: public swimming pool nearby, spa at the resort, ice 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 amend the information provided in our catalogues and on our website.

Booking and paying for holidays

 

Your booking request must be accompanied by a down-payment 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 of your booking. Your booking will only become effective after your down-payment 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 to be cancelled and offer the corresponding services for resale. In addition, our cancellation conditions will be applied to your entire booking.

 

Upon receipt of your down-payment, 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 including full details of your destination will be sent to you. Any person arriving for a tour departure or at a holiday destination without having previously paid their outstanding balance will be refused access to their accommodation.

 

Customers booking less than thirty days before departure must pay the full price for the booking.

 

For self-catering holidays, for safety reasons, the number of persons arriving on holiday may on no account exceed the number of places available in the accommodation provided and 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 the standard duration of occupancy based on one 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:

  • - bank cheque,
  • - 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 credit card, Eurocheque, bank cheque in euros or bank transfer accompanied by the booking voucher. 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.

    1. 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 prices including tax are subject to change in the event of increases or decreases in the cost of transporting passengers (where the transport service is sold together with a summer holiday as set out in Article 3 of these GCS), in the level of taxes or fees applicable to our holidays, or in the exchange rates associated with the booking.

    1. TRANSPORT

 

Where transport is sold with a summer holiday, the prices include all taxes. The prices stated 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. If any of these factors should change, Belambra Clubs reserves the right to revise its sales prices to reflect increases or decreases in these costs and taxes. 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: transit 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 journey may be extended. No price increase will then be charged. You will 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. Belambra Clubs undertakes to keep the customer informed of the identity of the airline for each portion of the flights concerned. Airlines providing air transport services are as follows: 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 on your own initiative (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.

    1. VISITORS' TAX

 

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

    1. REGISTRATION FEES

 

Registration fees are charged by Belambra Clubs for each booking made;

  • for stays of 4 nights or more: €39;
  • stays of up to 3 nights: €15.

These registration fees will only be refunded if the cancellation is attributable to Belambra Clubs.

    1. SECURITY DEPOSIT

 

You will be asked to pay a security deposit of €250. 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 or for any on-site services remaining unpaid. Retention of the deposit does not exclude any additional compensation if the repair costs exceed the amount of the deposit.

    1. 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.

 

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.

    1. LIABILITY

 

8.1 Belambra Clubs is liable for the proper performance of all of its contractual obligations.

 

However, Belambra Clubs shall be relieved, in part or in entirety, of its liability in the event of non-performance or improper performance of the contract attributable either to the purchaser or to an unpredictable and insurmountable event caused by a third party extraneous to the provision of the services set forth in the contract or to an act of God as defined in Article 1218 of the French Civil Code.

 

Furthermore, any services not covered in the contract with Belambra Clubs shall, with respect to both the purchaser and Belambra Clubs, fall under the exclusive liability of the external service providers responsible for organising them.

 

8.2 By way of exception to Article 8.1 above, the combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302 and Article L.211-2, section II, of the French Tourism Code.

 

In such situations, therefore, you will benefit from all EU rights applying to packages, as transposed into the French Tourism Code. Belambra Clubs will be fully liable for the proper performance of the package as a whole.

 

Additionally, as required by law, Belambra Clubs has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that Belambra Clubs becomes insolvent.

 

For more information on tourist packages, please see Article 21 of the GCS.

    1. LOSS, THEFT AND DAMAGE

 

Holiday rentals in our Clubs and tourist residences and in our half board or full board clubs do not fall within the scope of hoteliers' responsibilities. 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 property damage insurance on behalf of its customers, which covers 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.

    1. OPTIONAL INSURANCE

 

To enable you to enjoy your holiday with total peace of mind, we offer optional “multi-risk” insurance which you can take out when you make your booking. This covers:

  • cancellation/curtailment of your holiday,
  • booking modifications,
  • repatriation assistance ,
  • luggage cover,
  • 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 in full if it is responsible for the cancellation. We therefore 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 also be provided, if necessary, if you request this before you take out the cover. At any rate, they will be sent to you upon confirmation of your holiday at the latest (this insurance is non-refundable).

    1. HOLIDAY MODIFICATION ATTRIBUTABLE TO THE CUSTOMER

 

Modification requests can only be accepted subject to availability and must be sent to Belambra Clubs by registered letter with acknowledgement of receipt, or made 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 acknowledgement 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 per booking will be charged.
  • Between 30 and 44 days prior to the holiday start date, a fixed fee of €45 per booking will be charged.
  • 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 with a third-party provider, any modification concerning the holiday dates, the spelling of names and surnames or the holiday conditions constitutes a cancellation subject to the conditions stated hereinafter and requires a completely new booking.

    1. CANCELLATION ATTRIBUTABLE TO THE CUSTOMER

 

Belambra Clubs must be notified of any cancellation by registered letter with acknowledgement of receipt or by email: annulation@belambra.fr. The effective date of modification (or cancellation) of the holiday by the Customer will be the date of posting of the registered letter with acknowledgement of receipt (the postmark on the registered letter being conclusive proof), or the date of the email.

 

Belambra Clubs will refund the amounts that the Customer has paid (immediately in the situation referred to in Article 13.2), minus registration and insurance fees, which will be retained by Belambra Clubs in all cases, and minus the following cancellation penalties:

 

Cancellation of a holiday:

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

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

It is stipulated that for holidays with transport included, cancellation fees of €80 per person will be applied in addition to the penalties listed above.

 

If the Customer makes a cancellation due to an event of force majeure as defined in Article 1218 of the French Civil Code, the amounts paid will be reimbursed immediately without the abovementioned cancellation penalties being applied.

    1. MODIFICATION OR CANCELLATION ATTRIBUTABLE TO BELAMBRA CLUBS
      1. Cancellations 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.

 

If Belambra Clubs makes a cancellation due to an event of force majeure, as defined in Article 1218 of the French Civil Code, the amounts paid will be reimbursed immediately to the exclusion of any other compensation:

 

      1. Modifications attributable to Belambra Clubs

 

If, before departure, compliance with one of the essential elements of the journey or stay becomes impossible following an event unforeseeable by Belambra Clubs, on the date on which the contract was prepared, attributable to a third party not involved in providing the services stipulated in the contract or due to a case of force majeure as stipulated in law, we will inform the customer immediately by all means available.

 

You will then have the option of either foregoing 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 (if you forgo the tour and/or holiday you will immediately be refunded all amounts paid; if you accept our modification you will only be immediately refunded any overpayments you may have made).

 

It is specified that if you forgo the tour modified by Belambra under the present Article 13.2, you will not be entitled to the compensation payment referred to in Article 12, equal to the penalty which would have been applied if the cancellation had been made by you.

    1. HANDING OVER OF THE KEYS

 

The keys will be handed over between 5 p.m. and 8 p.m. on the day of your arrival. The keys must be returned before 10 a.m. on the day of your departure. For weekends and public holiday weekends (outside the 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.

    1. PETS

 

Pets are not allowed in our Clubs, except in specific Clubs listed in our catalogues and online. 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 per pet per week or €10 per pet per 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.

    1. PROTECTION OF PERSONAL DATA

 

When you book your holiday, either by completing the online form on our website or via our telephone booking platform, the personal data that we save is the data you freely agree to provide to Belambra Clubs, the recipient. Belambra Clubs will only use the personal data collected for the following purposes:

 

  • Processing your order;
  • Enabling you to access the website, for example by entering your identification details to access a personal area reserved exclusively for those who are logged in;
  • Informing you, with your prior express consent, about all of our commercial offers and special promotions or other operations, for example participation in competitions or subscription to a newsletter;
  • Conducting anonymous surveys and research to improve the website or the quality of our service on the telephone platform.  

Belambra Clubs will only use personal data for the above purposes, and on a strictly internal basis. Consequently, Belambra Clubs agrees, unless you give your express consent in advance, not to disclose, sell, lease or exchange the information you have provided, for use by any third party or external organisation.

 

The personal data collected by Belambra Clubs with your consent will not be retained for longer than the time required for the above processing purposes. In any case, data will be retained for no more than six years.

 

In accordance with amended Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, and General Data Protection Regulation (EU) 2016/679, we hereby notify you that you have rights of access, correction, erasure, restriction, portability and objection regarding your personal data, the right to determine what will happen to your personal data after you die, and the right to complain about the processing of your personal data. You can exercise these rights by contacting Belambra’s Data Protection Officer directly:

  • by email: delegueprotectiondesdonnees@belambra.fr
  • or by writing to: Belambra Clubs – 63, Avenue du général Leclerc, Bourg-la-Reine (92340), for the attention of the “Délégué à la Protection des Données”.

Similarly, you can ask not to receive our offers by writing to the above address or by clicking the unsubscribe link at the bottom of any of our emails.

 

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.

    1. COMPLAINTS

 

If you have any complaints after your stay these may be sent by registered letter with acknowledgement of receipt to our postal address, or by email to the following address: Src.Dc@belambra.fr. To ensure we can give you an adequate response, you should ideally send any complaints within one month after the end of your holiday, quoting your booking number.

 

If you make a complaint to our Customer Service team 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.

    1. force majeure

 

The obligations deriving from these GCS apply except in cases of force majeure as defined in Article 1218 of the French Civil Code.

 

Consequently, if a force majeure event as defined in said Article prevents Belambra Clubs or the Customer from fulfilling one of the obligations of the contract:

  • if the situation is temporary, the fulfilment of the contractual obligation is suspended unless the resulting delay justifies termination of the contract;
  • if the situation is permanent, the contract is automatically terminated and the parties are released from their obligations in accordance with the French Civil Code.
    1. EXTERNAL SERVICES

 

External services linked to ski lessons (ESF), ski lifts, 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.

    1. 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.

 

BOOKING ONE OF OUR TOURS OR HOLIDAYS IMPLIES FULL ACCEPTANCE OF OUR GENERAL TERMS AND CONDITIONS OF SALE.

 

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

 

In the event of printing errors or omissions on its website, Belambra Clubs reserves the right to correct any material error which may have occurred in its documents. Illustrations and photos, primarily concerning the refurbished sites, are non-binding.

 

    1. SPECIFIC CONDITIONS - standard information form for package travel contracts

 

The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302 and Article L.211-2 II of the French Tourism Code.

 

Therefore, you will benefit from all EU rights applying to packages, as transposed into the French Tourism Code. Belambra Clubs will be fully liable for the proper performance of the package as a whole.

 

Additionally, as required by law, Belambra Clubs has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that Belambra Clubs becomes insolvent.

 

Key rights under Directive (EU) 2015/2302 as transposed into the French Tourism Code:

 

Travellers will receive all essential information about the package before concluding the package travel contract.

 

The organiser and the retailer are liable for the proper performance of all the travel services included in the contract.

 

Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the retailer.

 

Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

 

The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

 

Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

 

Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.

Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

 

If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

 

Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.

 

The organiser or the retailer must provide assistance if the traveller is in difficulty.

 

If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Belambra Clubs has taken out insolvency protection with 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. Travellers may contact this entity if services are denied because of Belambra Clubs’ insolvency.

 

Directive (EU) 2015/2302 as transposed into national law in the French Tourism Code, in particular Articles R211-3 et seq.:

 

Article R211-3: Any offer or sale of services referred to in Article L. 211-1 shall give rise to the provision of appropriate documents, in accordance with the rules defined in this section.

 

Article R211-3-1: Pre-contract information and contract conditions are made available in writing. This can be done electronically. The name or company name and address of the organiser or the retailer are provided as well as details of their entry in the register mentioned in Article L. 141-3 or, where applicable, their name, address and details of their registration with the federation or union mentioned in the second paragraph of Article R. 211-2.

 

Article R211-4: Prior to concluding the contract, the organiser or the retailer must provide the traveller with the following information:


1° The main characteristics of the travel services:


a) The travel destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included;


b) The means, characteristics and categories of transport, the points, dates and time of departure and return, and the duration and places of intermediate stops and transport connections. Where the exact time is not yet determined, the organiser or the retailer shall inform the traveller of the approximate time of departure and return;


c) The location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination;


d) The meal plan;


e) Visits, excursions or other services included in the total price agreed for the contract;


f) Where it is not apparent from the context, whether any of the travel services will be provided to the traveller as part of a group and, if so, where possible, the approximate size of the group;


g) Where the traveller’s benefit from other tourist services depends on effective oral communication, the language in which those services will be provided;


h) Whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the traveller’s request, precise information on the suitability of the trip or holiday taking into account the traveller’s needs;


2° The trading name and geographical address of the organiser and the retailer, as well as their telephone number and, where applicable, email address;


3° The total price inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the traveller may still have to bear;


4° The arrangements for payment, including any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by the traveller;


5° The minimum number of persons required for the tour or holiday to take place and the time limit, referred to in Article L. 211-14, section III, before the start of the tour or holiday for the possible termination of the contract if that number is not reached;


6° General information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination;


7° Information that the traveller may terminate the contract at any time before the start of the tour or holiday in return for payment of an appropriate termination fee, or, where applicable, the standardised termination fees requested by the organiser or the retailer, in accordance with Article L. 211-14, section I;


8° Information on optional or compulsory insurance to cover the cost of termination of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death.


With reference to packages as defined in Article L. 211-2, section II, A, 2°, e), the organiser or the retailer and the trader to whom the data are transmitted shall ensure that each of them provides, before the traveller is bound by a contract, the information set out in this Article in so far as it is relevant for the respective travel services they offer.

The form to be used to provide the traveller with the information listed in this Article is established by a joint order of the French Minister for Tourism and the French Minister for the Economy and Finance. This order specifies the minimum information that must be provided to the traveller for contracts concluded by telephone.

 

Article R211-5: The information referred to in Article R. 211-4, 1°, 3°, 4°, 5° and 7° provided to the traveller forms part of the contract and can only be amended under the conditions set out in Article L. 211-9.

 

Article R211-6: In addition to the information stated in Article R. 211-4, the contract must also contain the following:


1° Special requirements of the traveller which the organiser or the retailer has accepted;


2° Information that the organiser and the retailer are responsible for the proper performance of all travel services included in the contract in accordance with Article L. 211-16 and that they are obliged to provide assistance if the traveller is in difficulty in accordance with Article L. 211-17-1;


3° The name of the entity in charge of the insolvency protection and its contact details, including its geographical address;


4° The name, address, telephone number, email address and, where applicable, the fax number of the organiser’s or the retailer’s local representative, of a contact point or of another service which enables the traveller to contact the organiser or the retailer quickly and communicate with him efficiently, to request assistance when the traveller is in difficulty or to complain about any lack of conformity perceived during the performance of the tour or holiday;


5° Information that the traveller is required to communicate any lack of conformity which he perceives during the performance of the tour or holiday in accordance with Article L. 211-16, section II;


6° Where minors, unaccompanied by a parent or another authorised person, travel on the basis of a contract which includes accommodation, information enabling direct contact with the minor or the person responsible for the minor at the minor’s place of stay;


7° Information on available in-house complaint handling procedures and on alternative dispute resolution mechanisms, and, where applicable, on the entity by which the trader is covered and on the online dispute resolution platform pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council;


8° Information on the traveller’s right to transfer the contract to another traveller in accordance with Article L. 211-11.


With reference to packages as defined in Article L. 211-2, section II, A, 2°, e), the trader to whom the data are transmitted shall inform the organiser or the retailer of the conclusion of the contract leading to the creation of a package. The trader shall provide the organiser or the retailer with the information necessary to comply with his obligations as an organiser or retailer. As soon as the organiser or the retailer is informed that a package has been created, he shall provide to the traveller the information referred to in 1° to 8° on a durable medium.

 

Article R211-7: The traveller may transfer their contract to a third party who fulfils the same conditions as themselves to take 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 organiser or the retailer of their decision by any means offering acknowledgement of receipt at least seven days before the start of the tour. In no case is prior authorisation required from the organiser or the retailer 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 L. 211-12, it shall state the precise methods of calculating the price modifications, whether increases or decreases, in particular the amount of transport costs and associated 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.


In the event of a price decrease, the organiser or the retailer shall have the right to deduct actual administrative expenses from the refund owed to the traveller. At the traveller’s request, the organiser or the retailer shall provide proof of these administrative expenses.

 

Article R211-9: If, before the traveller’s departure, the organiser or the retailer is constrained to alter any of the essential elements of the contract, or cannot fulfil the special requirements as referred to in Article R. 211-6, 1°, or if the price is increased by more than 8%, the organiser or the retailer shall without undue delay inform the traveller in a clear, comprehensible and prominent manner on a durable medium of:


1° The proposed changes and, where appropriate, their impact on the price of the tour or holiday;


2° The reasonable period within which the traveller must inform the organiser or the retailer of his decision;


3° The consequences of the traveller’s failure to respond within the period specified;


4° Where applicable, the offered substitute service and its price.


Where the changes to the contract or the substitute service result in a tour or holiday of lower quality or cost, the traveller shall be entitled to an appropriate price reduction.


If the contract is terminated and the traveller does not accept a substitute service, the organiser or the retailer shall refund all payments made by or on behalf of the traveller without undue delay and in any event not later than 14 days after the contract is terminated, notwithstanding any compensation for damages pursuant to Article L. 211-17.

 

Article R211-10: The organiser or the retailer shall provide any refunds required under Article L. 211-14, sections II and III, or, with respect to Article L. 211-14, section I, reimburse any payments made by or on behalf of the traveller minus the appropriate termination fee. Such refunds or reimbursements shall be made to the traveller without undue delay and in any event not later than 14 days after the contract is terminated.


In the case provided for in Article L. 211-14, section III, the additional compensation that the traveller may receive shall be at least equal to the penalty that would have been applied if the cancellation had been made by them on the same date.

 

Article R211-11: The assistance to be provided by the organiser or the retailer pursuant to Article L. 211-17-1 shall consist in particular of:


1° Providing appropriate information on health services, local authorities and consular assistance; and


2° Assisting the traveller to make distance communications and helping the traveller to find alternative travel arrangements.


The organiser or the retailer shall be entitled to charge a reasonable fee for such assistance if the difficulty is caused intentionally by the traveller or through the traveller’s negligence. This fee shall not in any event exceed the actual costs incurred by the organiser or the retailer.



 

 
 

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

When you book your holiday, either by completing the online form on our website or via our telephone booking platform, the personal data that we save is the data you freely agree to provide to Belambra Clubs, the recipient. Belambra Clubs will only use the personal data collected for the following purposes:

  • Processing your order;
  • Enabling you to log in to the website using your identification details, to access a personal area reserved exclusively for identified persons;
  • Informing you, with your prior express consent, about all of our commercial offers and special promotions or other operations, for example participation in competitions or subscription to a newsletter;
  • Conducting anonymous surveys and research to improve the website or the quality of our service on the telephone platform.  

Belambra Clubs will only use personal data for the above purposes, and on a strictly internal basis. Consequently, Belambra Clubs agrees, unless you give your express consent in advance, not to disclose, sell, exchange or lend the information you have provided, for use by any third party or external organisation.

The personal data collected by Belambra Clubs with your consent will not be retained for longer than the time required for the above processing purposes. In any case, data will be retained for no more than six years.

 

In accordance with amended Act no. 78-17 on Information Technology, Data Files and Civil Liberties dated 6 January 1978, and General Data Protection Regulation (EU) 2016/679, we hereby notify you of your rights of access, correction, erasure, restriction, portability, objection and complaint with regard to the processing of your personal data. You can exercise these rights by contacting Belambra's Data Protection Officer directly

  • by email: delegueprotectiondesdonnees@belambra.fr
  • or by writing to: Belambra Clubs – 63, Avenue du général Leclerc, Bourg-la-Reine, 92340, for the attention of the "Délégué à la Protection des Données".

You can also opt out of receiving our offers by writing to the above address or clicking on the unsubscribe link at the bottom of our emails. Pursuant to the provisions of article L.223-2 of the French Consumer Code, Belambra Clubs hereby notifies you of your right to register with the Bloctel opt-out list for telephone marketing.




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.