PREAMBLE
Object
The purpose of these General Terms and Conditions of Sale (hereinafter, the "T&Cs") is to set out the respective rights and obligations of Belambra Clubs & Hotels® and the customer in his or her capacity as a consumer within the meaning of the Consumer Code (hereafter "the Customer(s)") in their contractual relations relating to the sale to the Customer of stays, known as individual stays (hereafter "the Individual Stay(s)") in the establishments of Belambra Clubs & Hotels® (hereinafter, "the Establishment(s)"). Any booking implies the Client's full and complete acceptance of the T&Cs which take precedence over any other document. These T&Cs apply to all Consumer Customers. The applicable T&Cs are those in force on the day of purchase of the Individual Stay.
Organizer
The T&Cs are published by the company Belambra Clubs SAS with a capital of 10,000,000 euros, registered with the Nanterre Trade and Companies Register under number 322 706 136, whose registered office is located at 8 rue François Ory 92120 MONTROUGE, registered in the Register of Travel and Stay Operators Atout France under number IM092120049.
Financial guarantee: Groupama Assurance-Crédit & Caution, 8-10, Rue d'Astorg 75008 Paris, Policy n° 40007144767
Professional Liability Insurance: AXA France IARD SA, 313, Terrasses de l'Arche 92727 Nanterre Cedex, Policy No. 3310485904
Intra-community VAT number: FR26322706136
Reservations Department: Tel. +33 (0) 1 46 10 13 14 Resaindividuals.Dc@belambra.fr
Concept of tourist package
Individual Stays meet the definition of "tourist package" within the meaning of Article L.211-2 II of the Tourism Code, resulting from Directive (EU) 2015/2302, when sold by Belambra Clubs & Hotels®, in combination with tourist services worth more than 25% of the total amount of the package or advertised as an essential feature of the package.
In such a case, the conditions relating to the organisation and sale of such tourist packages are determined by the Tourism Code and in particular by Articles L. 211-1 et seq. and R. 211-1 et seq. of the said Code, reproduced in Article 21 of the T&Cs.
1. SERVICES AND RESERVATIONS
The constituent elements of the services provided during our stays are determined on our catalogues and our website. Tourist information relating to activities not offered as part of the Individual Stay is given for general information purposes. Example: municipal swimming pool or ice rink or thermal establishment nearby but independent of the establishment. To find out the opening dates of these sites and activities and to obtain additional information, it is necessary to contact the companies or establishments themselves that manage these activities not offered by Belambra Clubs & Hotels® as part of the Individual Stay.
Booking and payment of stays
Individual Stays can be booked either via our website or by calling the Reservations Department on +33 (0) 1 46 10 13 14.
It is recalled beforehand that the purchase of tourist services on a specific date or period does not benefit from the fourteen (14) day withdrawal period applicable to distance selling in accordance with Article L. 221-28 of the Consumer Code.
With the exception of our hotels "Le Domaine du Normont", "Magendie" and "Villemanzy", your booking request must be accompanied by a deposit representing 30% of the price of the stay including VAT and 100% of the booking and insurance fees if it is taken out, and must be received by us within 72 hours of your booking. Your booking will only become final after payment of your deposit. The balance of the prize must be paid no later than thirty (30) days before the date of departure according to the terms and conditions described below.
PLEASE NOTE: after these deadlines, if we have not received your payment of the balance, we will consider your reservation as cancelled by you and we will put the corresponding services back on sale. In addition, the cancellation conditions will be applied to you on the Individual Stay concerned.
Upon receipt of your deposit, a booking confirmation will be sent to you specifying the remaining balance to be paid (hereinafter the "Booking Confirmation"). Each payment must be accompanied by the file reference appearing on your Booking Confirmation. As soon as the Stay has been paid in full, a confirmation of stay containing all the information about your destination will be sent to you (hereinafter the "Stay Voucher"). Any person who arrives at a place of stay without having previously paid the full price will be refused access to the Establishment.
In the event of a reservation less than thirty (30) days before departure, the Customer must pay the full price as soon as he validates his reservation on our website or by telephone.
For security reasons, the number of people arriving for a stay may not exceed the number of places in the accommodation allocated and the number of people mentioned on the Stay Voucher. Full board and half board, accommodation is allocated according to family composition.
In the event of under-occupancy of the accommodation, i.e. occupancy below its standard occupancy capacity and/or its standard duration of occupancy on the basis of one week (duration of seven (7) days), the price per person may vary depending on the Establishments and the periods. These amounts are summarized at the time of validation of the reservation.
Optional services
Belambra Clubs & Hotels® may offer additional services in addition to the Stay such as equipment rental or the purchase of services offered by its partners. These optional services are then paid by the Customer to Belambra Clubs & Hotels ® under the same conditions as the payment of the Stay, either via our website or by calling the Reservations Department.
It is specified that these optional services do not fall within the definition of a tourist package within the meaning of Article L.211-2 of the Tourism Code and that they are carried out under the responsibility of the partner.
Methods of payment for the stay
To be able to pay for your stay, you must have the capacity to contract. This means that you must be at least eighteen (18) years old, be able to enter into legal contracts and not be under guardianship or curatorship. In addition, you warrant the accuracy of the information provided by you or any other person accompanying you during your stay.
You can pay for your stay by indicating your file number, online or by phone, either at your choice:
For the payment of the deposit:
- by credit cards: Visa, Eurocard/Mastercard, American Express, Bancontact;
- by bank transfer accompanied by the booking number;
- by ANCV Connect.
For the payment of the balance:
- by credit cards: Visa, Eurocard/Mastercard, American Express, Bancontact;
- by bank transfer accompanied by the booking number;
- by ANCV Connect.
Belambra Clubs & Hotels® has received the approval of the National Agency for Holiday Vouchers, you can use them for all your stays as follows:
o Dematerialised holiday vouchers can only be used when paying for a stay on the internet.
o Paper ANCV vouchers can be dematerialised by following the procedure available on : https://www.belambra.fr/cheque-vacances-ancv
No other payment method can be used to pay for your stay, including within our Establishments.
For the payment of the deposit and the balance, you have the option of paying in instalments thanks to our partner Oney Bank (RCS Lille Métropole 546 380 197) which offers you a financing solution, called 4x Oney, which allows you to pay for your purchases from €350 to €6,000 in four (4) instalments with your bank card. For more information, visit our website at the following link: Oney Bank Financing Solution.
Payments for people whose residence is outside France can only be made by bank transfer with the reservation number or by credit card, Bancontact Mistercash, IDEAL.
2. RATES
The rate is defined for each Client and for each Individual Stay, prior to the order according to the sales process described at the time of booking on the website or by telephone, depending on the date on which the Client books, the destination, the accommodation, the dates of booking the Individual Stay, the choice of catering, the additional services chosen and the number of people participating in the said Individual Stay.
Price reductions – Promotional operations
If you are the beneficiary of a price reduction as part of a promotional operation, you must take advantage of it at the time of booking by indicating the promotion code in the box provided for this purpose ("promo code"). Once the Booking Confirmation or Voucher has been issued, you will no longer be able to claim any discount.
In addition, price reductions or promotional operations cannot be combined with each other, unless the combination is expressly mentioned and accepted by Belambra Clubs & Hotels®.
Any shortened Stay or service not used (included in the packages, mentioned on the Stay Voucher or purchased on site) cannot be refunded. For example, any interruption of stay or non-consumption of meals is covered.
For Full Board Stays of more than one week, the Saturday lunch will be invoiced in addition to the price of the Stay and on the basis of the current rate displayed in the Establishment concerned.
Extension of Stay: You must vacate your accommodation on the scheduled dates and times. Any extension of your Stay, including in the event of force majeure events preventing you from leaving (collapsed road, weather conditions, etc.), will be paid directly on site on the basis of the rate in force within the Establishment (without the application of a promotional rate or partner discount).
Our rates are inclusive of all taxes, including VAT at the rate applicable on the day of booking and tourist tax. Our rates are subject to change in the event of an increase or decrease in the level of taxes or fees to which our stays are subject or in exchange rates in connection with the reservation.
3. APPLICATION FEES
With the exception of our hotels "Le Domaine du Normont", "Magendie" and "Villemanzy", each reservation gives rise to the collection by Belambra Clubs & Hotels® of administrative fees:
- stay of 4 nights or more: €40;
- Stay up to 3 nights: 20€.
These administrative fees will only be reimbursed if the cancellation occurs due to Belambra Clubs & Hotels® or in the event of force majeure.
4. SECURITY DEPOSIT
A security deposit of €250 will be requested on arrival in the form of a credit card impression. This fingerprinting is a pre-authorization, which does not result in a debit from your account. However, depending on the conditions of the Client's banking institution, this pre-authorisation may appear to be being debited from the Client's bank account and reduce the limit of the Client's bank account, which is beyond the control of Belambra Clubs & Hotels ®. This security deposit will only be used at the end of the Stay if compensation should be withheld for any damage caused or if services remain unpaid. Any use of this security deposit does not exclude additional compensation in the event that the costs are higher than the amount of the same.
5. RULES OF PROCEDURE
Internal rules are posted in each accommodation and/or at the reception of the Establishment. The internal regulations specify the rules of etiquette, hygiene and safety applicable within the Establishment. We thank you for reading and respecting it. In the context of their reservation and stay, the Customer undertakes to behave reasonably and adopt a cordial attitude towards the staff and customers of the Establishment. A breach by the Customer of the provisions of the internal regulations, or behaviour contrary to public order or good morals, may lead to the interruption of the Stay, the exclusion of the Guest from the Establishment without any refund of the Stay or compensation being claimed.
In particular, we would like to point out that:
For the Swimming Pools : children's access to the swimming pools can only be done with the accompaniment of parents/legal representatives or any other adult authorised by them. Children remain under their supervision and responsibility within the swimming pools. Wearing a swimsuit is mandatory.
For Reception in Children's Clubs : Children's Clubs welcome children under the conditions provided for in the practical guide of our catalogues and on our website. However, we reserve the right to refuse any child who exhibits behavior that may harm other children or the organization of the Kids' Club activities. In the event that the Client causes bodily injury or property damage, his civil liability may be sought with a view to compensation.
For regulatory reasons, the Poussins (children from 4 to 35 months) must be up to date with their vaccinations (presentation of the health record when welcoming them to the Chicks Club).
Smoking is strictly forbidden in all the accommodations, which are all non-smoking.
For your safety and comfort, wearing a Belambra® bracelet is mandatory for the duration of your stay.
6. RESPONSIBILITY
6.1 Belambra Clubs & Hotels® is responsible for the proper performance of all obligations arising from the contract.
However, Belambra Clubs & Hotels® will be exonerated from all or part of its liability in cases where the non-performance or poor performance of the contract is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party unrelated to the provision of the services provided for in the contract or to a case of force majeure defined in Article 1218 of the Civil Code.
It is also specified that the services not provided for in the contract concluded with Belambra Clubs & Hotels® are the exclusive responsibility of the external service providers in charge of their organisation, both with regard to the Client and Belambra Clubs & Hotels®.
6.2 As an exception to the previous Article 6.1, the combination of travel services that would be offered to you constitutes a tourist package within the meaning of Directive (EU) 2015/2302 and Article L.211-2 II of the Tourism Code.
In such a case, you will therefore benefit from all the rights granted by the European Union applicable to tourist packages, as transposed in the Tourism Code. Belambra Clubs & Hotels® will be fully responsible for the proper execution of the package as a whole.
In addition, as required by law, Belambra Clubs & Hotels® has protection in place to refund your payments.
For more information about tourist packages, we refer you to the article 21 of the T&Cs.
7. LOSS, THEFT, DAMAGE
The stay in our Establishments falls within the scope of the responsibility of hoteliers defined by Article 1953 of the Civil Code. Belambra Clubs & Hotels® cannot be held liable, beyond article 1953, paragraph 2, for the theft of jewellery and valuables not deposited in the individual safe of the accommodation during a stay in one of our Establishments.
8. OPTIONAL INSURANCES
To allow you to go on holiday with complete peace of mind, we suggest that you take out a "multi-risk" insurance policy at the time of your booking that covers:
- cancellation/interruption of stay insurance,
- rebooking insurance,
- repatriation assistance,
- baggage insurance,
- or any other warranty offered for sale.
In fact, in the event of cancellation or interruption of a stay, Belambra Clubs & Hotels® will only be able to provide a full refund of the unused stay if the cancellation occurs through its own doing. We therefore recommend that you take out this insurance which will allow you to be compensated or repatriated according to the contractual conditions provided for by the insurance. A summary of the conditions and guarantees can be found in the appendix to these T&Cs and in detail on our website under the following link: https://www.belambra.fr/assurance-vacances
9. MODIFICATION OF THE STAY BY THE CLIENT
Any request for modification can only be accepted within the limits of availability and will be sent to Belambra Clubs & Hotels® by registered letter with acknowledgement of receipt to the address of the head office as mentioned in the preamble to the T&Cs or by telephone by calling +33 (0) 1 46 10 13 14 (cost of a local call). The date chosen to make the modification (or cancellation) of the Stay enforceable against the Client will be the date of sending the registered letter with acknowledgement of receipt, as evidenced by the postmark, or the date of the telephone call.
For all of our Establishments, with the exception of our hotels "Le Domaine du Normont", "Magendie" and "Villemanzy", the modification of the Stay by the Customer will give rise to the invoicing of a sum of forty (45) € as processing fees and will be subject to the following conditions:
- Up to and including (30) days before the start date of the Stay, (i) if the price of the modified Stay is higher than the price of the original Stay, the Customer will have to pay the difference, (ii) if the price of the modified Stay is lower than the price of the original Stay, the Customer will be refunded the difference;
- Less than 30 days before the start date of the Stay, (i) if the price of the modified Stay is higher than the price of the original Stay, the Client will have to pay the difference, (ii) if the price of the modified Stay is lower than the price of the original Stay, no refund will be made.
After the Client's arrival at the Establishment, any shortened or modified Stay cannot be refunded.
10. CANCELLATION BY THE CLIENT
Any cancellation must be notified to Belambra Clubs & Hotels® by registered letter with acknowledgement of receipt to the address of the registered office as mentioned in the preamble to the T&Cs or by telephone by calling +33(0)1.46.10.13.14 or by email: annulation@belambra.fr. The date chosen to make the cancellation of the Individual Stay enforceable against the Client will be the date of sending of the letter with acknowledgement of receipt, as evidenced by the postmark, or the date of the email or telephone call.
For all of our Establishments, with the exception of our hotels "Le Domaine du Normont", "Magendie" and "Villemanzy", the cancellation of the Stay by the Customer or the failure to pay the balance of the Stay within the agreed period will give rise to the receipt of the following compensation:
- Up to (30) days inclusive before the date of the start of the Stay, a sum of forty-five (45) euros will be retained for the processing fee as well as the administrative fees referred to in article 3 which will not be reimbursed;
- Less than thirty (30) days before the start date of the Stay, the full price of the Stay will be retained, no refund being granted to the Customer.
It is specified that for all cases of cancellation, the amount of the insurance that may be taken out is non-refundable.
In the event of cancellation after multiple registrations, Belambra Clubs & Hotels® will apply these cancellation conditions for each of the cancelled Stays.
11. NO-SHOW AT THE PLACE OF THE STAY
If the Client does not show up at the place of the Stay on the start date of the Stay without having previously notified the Establishment or our Guest Relations Department, or if he has not paid the balance of the Stay within the agreed period, the Stay will be considered cancelled, as Belambra Clubs & Hotels ® no longer guarantees the availability of accommodation and services. In addition, the Client will not be entitled to any refund. Therefore, we advise you to take out the multi-risk insurance referred to in the article 8 of the T&Cs.
12. MODIFICATION OR CANCELLATION OF RESERVATIONS IN OUR HOTELS "LE DOMAINE DU NORMONT", "MAGENDIE" AND "VILLEMANZY"
Stays at our hotels "Le Domaine du Normont", "Magendie" and "Villemanzy" are subject to a "flexible" rate or a "non-flexible" rate.
Reservations with the non-flexible rate are payable in full at the time of order and cannot be modified or cancelled ("non-exchangeable, non-refundable" rate).
Flexible rate bookings are payable either in full at the time of ordering, or upon payment of a deposit of €1 paid by credit card on our website, the balance being then automatically debited from the same card the day before the start of the stay.
Modifications or cancellations are possible free of charge until the day before the Stay. In the event of a no-show on the day of the start of the Stay, the Client will be charged the full price of the Stay.
13. MODIFICATION OR CANCELLATION BY BELAMBRA CLUBS & HOTELS®
Cancellation by Belambra Clubs & Hôtels®
In the event of cancellation by Belambra Clubs & Hotels®, without offering an equivalent alternative solution (same category of establishment and accommodation), you will obtain an immediate refund of all sums paid, including the administrative fees and the amount of the insurance if it has been contracted, and will receive as compensation a sum equal to that which you would have borne if the cancellation had occurred on your behalf, on that date.
Modification by Belambra Clubs & Hôtels®
If, prior to departure, compliance with one of the essential elements of the Stay is made impossible due to an event that is unforeseeable for Belambra Clubs & Hotels® on the day of the confirmed booking or due to a case of force majeure within the meaning of the law and case law, we will inform you without delay by any means (post, email, telephone).
You will then have the option of either renouncing the Stay or accepting the modification that we will propose to you. You must inform us of your choice within seventy-two (72) hours of being informed (the waiver will result in the immediate refund of all sums paid, including the application fee and the amount of the insurance, while acceptance will only give rise to the immediate reimbursement of the overpayment if applicable).
It is specified that the event of a renunciation on your part of the Modified Stay by Belambra Clubs & Hotels® under this article will not give rise to the payment of the compensation referred to in articles 9 and 10 above.
14. HANDING OVER THE KEYS
The keys are collected from 5 p.m. to 8 p.m. on the day of arrival. These keys must be returned before 10 a.m. on the day of your departure.
15. FOR YOUR PETS
With the exception of guide or assistance dogs, animals are not allowed in our Establishments. However, some of our Establishments, as indicated in our catalogues and on our Website, may admit dogs subject to compliance with the basic rules of hygiene and safety with regard to customers, veterinary provisions (up-to-date vaccination record, etc.) and the Establishment's internal regulations. Payment will be required on site up to €40 per pet per week or €10 per pet per day. We draw the attention of families to the risks of being denied access to the Establishment if these rules are not respected.
16. PROTECTION OF PERSONAL DATA
Belambra Clubs & Hotels® respects your privacy and is committed to processing your personal data in compliance with the regulations in force. Our Data Protection Policy is available on our website under the following link: https://www.belambra.fr/protection-donnees. You may also request a copy of it from our Data Protection Officer by letter addressed to him at the address of the registered office as mentioned in the preamble to the T&Cs or by email at the address: dpo@belambra.fr.
In addition, in accordance with the provisions of Article L.223-2 of the French Consumer Code, Belambra Clubs & Hôtels® informs you of the right you have to register on the Bloctel list of opposition to telephone canvassing, according to the following procedure:
- You register for free on the bloctel.gouv.fr website.
- You will then receive a confirmation of registration by email within forty-eight (48) hours. You will then have to click on the link received in the email to validate your registration.
- The telephone numbers you have mentioned are immediately registered on the Bloctel list and thirty (30) days later, your numbers will no longer be contacted.
Registration can also be done by mail by sending the following information to "Worldline – Service Bloctel – CS 61311 – 41013 Blois Cedex":
- Surname, first name;
- Postal address;
- The number(s) to be entered on the opposition list by specifying a contact telephone number.
17. CLAIMS
Any complaint after your Stay may be sent by registered letter with acknowledgement of receipt, to our postal address as mentioned in the preamble to the T&Cs or by sending an email to the address: reclamations@belambra.fr.
In order to provide you with an appropriate response, your complaint must be notified to us within one (1) month after the end of your Stay with the mention of your file number.
We inform you that if you have submitted a complaint to our Customer Relations department, but our response has not been satisfactory, you can contact the Association of European Mediators whose contact details are as follows: 197, Boulevard Saint Germain – 75007 PARIS.
You will find the terms and conditions for referring the matter to the court on the following website: www.mediationconso-ame.com.
Information on online dispute resolution: in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission allows you to resolve your disputes relating to an online order on its online dispute resolution (https://ec.europa.eu/consumers/odr) platform.
18. FORCE MAJEURE
The obligations resulting from these T&Cs are subject to an event constituting force majeure as provided for in Article 1218 of the Civil Code and defined by case law.
Therefore, if a force majeure event as defined in this article prevents the performance of an obligation of the contract by Belambra Clubs & Hotels®:
- if the impediment is temporary, the performance of the obligation of the contract is suspended unless the resulting delay justifies the termination of the contract;
- if the impediment is definitive, the contract is terminated by operation of law and the parties are released from their obligations under the conditions defined by the Civil Code.
In the event of termination of the contract, only an immediate reimbursement of the sums paid will be made, to the exclusion of any other compensation.
19. EXTERNAL SERVICES (EXCLUDING PACKAGE TRIP)
This clause only applies to external services that are not provided as part of a package holiday, i.e. that do not fall within the concept of "tourist package" as defined in the preamble to these T&Cs and in Article 21 hereafter.
In this context, external services related to ski lessons (ESF), ski lifts, fitness/leisure passes, or ski equipment are purchased by Belambra Clubs & Hotels® on behalf of its Customers.
Any cancellation of these external services that occurs by the Client within seven (7) days before the start date of the Stay will give rise to the invoicing by Belambra Clubs & Hôtels® to the Client of the full amount of the services.
20. APPLICABLE LAW - JURISDICTION
All sales concluded with consumers domiciled in France and abroad are governed by French law, without prejudice to any mandatory protective provisions that may be applicable in the consumer's country of residence. Any dispute will be decided by the French courts, without prejudice to any mandatory protective provisions that may be applicable in the country of residence of the consumers.
In the event of printing errors or omissions on its website, Belambra Clubs & Hotels® reserves the right to rectify any material error that may have crept into its documents. The illustrations and photos concerning our renovated Establishments are non-contractual and indicated as such.
21. SPECIFIC CONDITIONS - standard information form for package travel contracts (Tourism Code)
The combination of travel services, when offered to you, is a package within the meaning of Directive (EU) 2015/2302 and Article L.211-2 II of the Tourism Code.
You will therefore benefit from all the rights granted by the European Union applicable to ski passes, as transposed in the Tourism Code. Belambra Clubs & Hotels® will be fully responsible for the proper execution of the package as a whole.
In addition, as required by law, Belambra Clubs & Hotels® has protection in order to refund your payments and, if transport is included in the package, to ensure your repatriation in the event that Belambra Clubs & Hotels® becomes insolvent.
Article L.211-2 II of the Tourism Code
A.-A tourist package is the combination of at least two different types of travel services for the purpose of the same trip or holiday stay, exceeding twenty-four hours or including an overnight stay, if:
1° These services are combined by a single professional, including at the request of the traveller or in accordance with his choice, before a single contract including all these services is concluded;
2° Irrespective of the possible conclusion of separate contracts with individual travel service providers, these services are:
a) Either purchased from a single point of sale and chosen before the traveller agrees to pay;
b) Either offered, sold or invoiced at an all-inclusive price or at a total price;
c) Either advertised or sold under the name of "package" or under a similar name;
d) Either combined after the conclusion of a contract by which a trader authorises the traveller to choose from a selection of different types of travel services;
e) Or purchased from separate traders through linked online booking procedures, where the traveller's name, payment terms and email address are transmitted by the trader with whom the first contract is concluded to one or more other traders and where a contract with the latter is concluded no later than twenty-four hours after the confirmation of the booking of the first travel service.
B.-Combinations of travel services in which only one of the types of travel service mentioned in 1°, 2°, or 3° of I is combined with one or more of the tourist services mentioned in 4° of I do not constitute a package if the latter services:
(1) Do not represent a significant part of the value of the combination, are not advertised as an essential characteristic of the combination or do not in any way constitute such a characteristic, or
2° Are chosen and purchased only after the performance of a travel service mentioned in 1°, 2° or 3° of I has begun.
Essential rights under Directive (EU) 2015/2302 transposed into the Tourism Code
Travelers will receive all the essential information about the package before concluding the package travel contract.
The organiser and the retailer are responsible for the proper performance of all travel services included in the contract.
Travelers are provided with an emergency phone number or contact details to reach the organizer or retailer.
Travellers may transfer their pass to another person, subject to reasonable notice and possibly subject to additional charges.
The price of the package can only be increased if specific costs increase (e.g. fuel prices) and if this possibility is explicitly provided for in the contract, and in any case cannot be changed less than twenty days before the start of the package. If the price increase exceeds 8% of the package price, the traveller can cancel the contract. If the organizer reserves the right to increase the price, the traveler is entitled to a price reduction in the event of a decrease in the corresponding costs.
Travelers can cancel the contract without paying a cancellation fee and be fully refunded for payments made if any of the essential elements of the package, other than the price, undergo a material change. If, before the start of the package, the professional responsible for the package cancels it, travelers have the right to obtain a refund and compensation, if applicable.
Travelers can cancel the contract without paying a cancellation fee before the package begins in exceptional circumstances, such as if there are serious security issues at the destination that may affect the package.
In addition, travelers may, at any time prior to the start of the package, terminate the contract upon payment of an appropriate and justifiable resolution fee.
If, after the start of the package, important elements of the package cannot be provided as planned, other appropriate services must be offered to passengers at no extra cost. Travelers can cancel the contract without paying a resolution fee when the services are not performed in accordance with the contract, it significantly disrupts the performance of the package, and the organizer does not remedy the problem.
Travellers are also entitled to a price reduction and/or compensation in the event of non-performance or improper performance of the travel services.
The organiser or retailer must provide assistance if the traveller is in difficulty.
If the organizer or retailer becomes insolvent, the amounts paid will be refunded. If the organiser or retailer becomes insolvent after the start of the package and transport is included in the package, the repatriation of travellers is guaranteed. Belambra Clubs SAS has taken out insolvency protection with 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. Travellers may contact this entity if services are refused due to the insolvency of Belambra Clubs SAS.
Directive (EU) 2015/2302 transposed into national law in the Tourism Code, in particular in Articles R211-3 et seq.
Article R211-3: Any offer and sale of the services mentioned in Article L. 211-1 shall give rise to the submission of appropriate documents that meet the rules defined by this section.
Article R211-3-1: The exchange of pre-contractual information or the provision of contractual conditions shall be carried out in writing. They can be done electronically. The name or company name and address of the organiser or retailer as well as the indication of its registration in the register provided for in Article L. 141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of Article R. 211-2 shall be mentioned.
Article R211-4: Prior to the conclusion of the contract, the organiser or retailer must communicate to the traveller the following information:
1° The main characteristics of travel services:
a) The destination(s), itinerary and periods of stay, with the dates and, where the accommodation is included, the number of nights included;
(b) The means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and place of stopovers and connections. When the exact time has not yet been set, the organiser or retailer informs the traveller of the approximate time of departure and return;
c) The location, main characteristics and, where applicable, the tourist category of the accommodation under the rules of the country of destination;
d) The meals provided;
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 travel services will be provided to the traveller as a member of a group and, if so, if possible, the approximate size of the group;
g) Where the benefit of other tourist services provided to the traveller is based on effective verbal communication, the language in which these services will be provided;
h) Information on whether the trip or holiday stay is, in general, suitable for persons with reduced mobility and, at the request of the traveller, precise information on the suitability of the trip or holiday stay for the traveller's needs;
2° The company name and geographical address of the organiser and the retailer, as well as their telephone and, if applicable, electronic contact details;
3° The total price including taxes and, where applicable, any additional fees, charges or other costs, or, where these cannot reasonably be calculated before the conclusion of the contract, an indication of the type of additional costs that the passenger may still have to bear;
4° The terms of payment, including the amount or percentage of the price to be paid as a deposit and the schedule for the payment of the balance, or the financial guarantees to be paid or provided by the traveller;
5° The minimum number of people required for the travel or stay and the deadline mentioned in III of Article L. 211-14 preceding the start of the trip or stay for a possible termination of the contract in the event that this number is not reached;
6° General information concerning the conditions applicable to passports and visas, including the approximate duration of obtaining visas, as well as information on health formalities, of the country of destination;
7° A statement indicating that the traveller may cancel the contract at any time before the start of the trip or stay, subject to the payment of an appropriate cancellation fee or, where applicable, a standard cancellation fee claimed by the organiser or retailer, in accordance with I of Article L. 211-14;
8° Information on compulsory or optional insurance covering the costs of cancellation of the contract by the traveller or on the cost of assistance, covering repatriation, in the event of accident, illness or death.
With regard to the packages defined in e of 2° of A of II of Article L. 211-2, the organiser or retailer and the professional to whom the data are transmitted shall ensure that each of them provides, before the traveller is bound by a contract, the information listed in this article to the extent that it is relevant to the travel services they offer.
The form by which the information listed in this article is brought to the attention of the traveller shall be determined by joint order of the Minister for Tourism and the Minister for the Economy and Finance. This order specifies the minimum information to be brought to the attention of the traveller when the contract is concluded by telephone.
Article R211-5: The information referred to in 1°, 3°, 4°, 5° and 7° of Article R. 211-4 communicated to the traveller is part of the contract and may only be modified under the conditions defined in Article L. 211-9.
Article R211-6: The contract must include, in addition to the information defined in Article R. 211-4, the following information:
1° The special requirements of the traveller that the organiser or retailer has accepted;
2° A statement indicating 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 required to provide assistance to the traveller if he or she is in difficulty, in accordance with Article L. 211-17-1;
3° The name of the entity responsible for protection against insolvency and its contact details, including its geographical address;
(4) The name, address, telephone number, e-mail address and, where applicable, fax number of the local representative of the organiser or retailer, of a point of contact or other service through which the traveller can promptly contact the organiser or retailer and communicate with him effectively, request assistance if the traveller is in difficulty or complain about any non-compliance found during the performance of the trip, or of the stay;
5° A statement indicating that the traveller is required to communicate any non-compliance that he or she observes during the performance of the trip or stay in accordance with II of Article L. 211-16;
6° When minors, not accompanied by a parent or other authorised person, travel on the basis of a contract including accommodation, information allowing direct contact to be established with the minor or the person responsible for the minor at the minor's place of stay;
7° Information on the available internal complaint-handling procedures and on the out-of-court dispute resolution mechanisms and, where applicable, on the entity to which the professional belongs and on the online dispute resolution platform provided for in Regulation (EU) No 524/2013 of the European Parliament and of the Council;
8° Information on the passenger's right to assign the contract to another traveller in accordance with Article L. 211-11.
With regard to the packages defined in e of 2° of A of II of Article L. 211-2, the professional to whom the data is transmitted informs the organiser or retailer of the conclusion of the contract giving rise to the creation of a package. The professional shall provide the supplier with the information necessary to enable him to fulfil his obligations as an organiser. As soon as the organiser or retailer is informed of the creation of a package, it shall provide the traveller, on a durable medium, with the information mentioned in 1° to 8°.
Article R211-7: The traveller may assign his contract to a transferee who fulfils the same conditions as him to carry out the trip or stay, as long as this contract has not produced any effect.
Unless otherwise favourable to the transferor, the latter is required to inform the organiser or retailer of his decision by any means allowing an acknowledgement of receipt to be obtained no later than seven days before the start of the trip. This transfer is not subject, under any circumstances, to prior authorisation from the organiser or the retailer.
Article R211-8: When the contract includes an express possibility of revising the price, within the limits provided for in Article L. 211-12, it shall mention the precise methods of calculating, both upwards and downwards, price variations, in particular the amount of transport costs and related taxes, the currency or currencies that may have an impact on the price of the trip or stay, the part of the price to which the variation applies, as well as the rate of the currency or currencies used as a reference when establishing the price appearing in the contract.
In the event of a reduction in the price, the organiser or retailer has the right to deduct its actual administrative expenses from the reimbursement due to the traveller. At the request of the traveller, the organiser or retailer provides proof of these administrative expenses.
Article R211-9: When, before the traveller's departure, the organiser or retailer is forced to make a change to one of the essential elements of the contract, if it cannot meet the specific requirements mentioned in 1° of Article R. 211-6, or in the event of a price increase of more than 8%, it shall inform the traveller as soon as possible, in a clear, comprehensible and visible manner, on a durable medium:
1° The proposed changes and, if applicable, their repercussions on the price of the trip or stay;
2° The reasonable period within which the traveller must communicate to the organiser or retailer the decision he or she is taking;
3° The consequences of the passenger's failure to respond within the set period;
4° If applicable, the other service offered, as well as its price.
If the changes to the contract or the substitute service lead to a decrease in the quality of the trip or stay or its cost, the traveller is entitled to an appropriate price reduction.
If the contract is terminated and the traveller does not accept any other service, the organiser or retailer shall reimburse all payments made by the traveller or on his behalf as soon as possible and in any event no later than fourteen days after the termination of the contract, without prejudice to compensation pursuant to Article L. 211-17.
Article R211-10: The organiser or retailer shall make the refunds required under II and III of Article L. 211-14 or, under I of Article L. 211-14, shall reimburse all payments made by the traveller or on his behalf minus the appropriate cancellation fees. These refunds for the benefit of the traveller are made as soon as possible and in any event no later than fourteen days after the termination of the contract.
In the case provided for in III of Article L. 211-14, the additional compensation that the traveller is likely to receive is at least equal to the penalty that he would have borne if the cancellation had occurred by him on that date.
Article R211-11: The aid due by the organiser or retailer pursuant to Article L. 211-17-1 consists in particular:
1° To provide useful information on health services, local authorities and consular assistance;
2° To help the traveller make long-distance calls and to find other travel services.
The organiser or retailer is entitled to charge a reasonable price for this aid if this difficulty is caused intentionally or by the traveller's negligence. The price charged does not exceed the actual costs incurred by the organizer or retailer.
Appendix (Article 8 – Optional INSURANCE)
