General and specific conditions of sale applicable to stays and services of the Cotentin tourist development SPL
CONDITIONS – INDIVIDUALS
These conditions govern the contracts concluded between the SPL DE DEVELOPPEMENT TOURISTIQUE DU COTENTIN, registered Atout France IM 050180001 and a client, an individual; contracts aimed at organizing stays or services of a tourist nature.
They first recall the general conditions resulting from Law No. 2009-888 of July 22, 2009 on the development and modernization of tourist services (I) and then specify the specific conditions applicable to contracts (II).
I. GENERAL CONDITIONS OF SALE (Law n°2009-888 of 22/07/2009)
In accordance with article R211-12 of the Tourism Code, brochures and travel contracts offered by travel or stay operators to their customers must include the provisions of articles R 211-3 to R 211-11 in the brochures and travel contracts proposed by the persons mentioned in article L. 211-1.
Articles R-211-3 to R-211-11 of the Tourism Code (Law n°2009-888 of 22/07/2009)
Item R211-3
Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel or stay services give rise to the submission of appropriate documents which meet the rules defined by this section.
The separate invoicing of the various elements of the same tourist package does not exempt the seller from the obligations imposed on him by the regulatory provisions of this section.
Article R211-3-1
The exchange of pre-contractual information or the provision of contractual conditions is carried out in writing. They can be done electronically under the conditions of validity and exercise provided for in articles 1369-1 to 1369-11 of the civil code. The name or company name and address of the seller are mentioned as well as the indication of his registration in the register provided for in a of article L. 141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of article R. 211-2.
Item R211-4
Prior to the conclusion of the contract, the seller must communicate to the consumer information on the prices, dates and other constituent elements of the services provided during the trip or stay such as:
1° The destination, means, characteristics and categories of transport used;
2°The type of accommodation, its location, its level of comfort and its main characteristics, its approval and its tourist classification corresponding to the regulations or customs of the host country;
3° The catering services offered;
4° The description of the route in the case of a circuit;
5° The administrative and health formalities to be completed by nationals or by nationals of another Member State of the European Union or of a State party to the agreement on the European Economic Area in the event, in particular, of crossing boundaries as well as their deadlines;
6° Visits, excursions and other services included in the package or possibly available at an additional cost;
7° The minimum or maximum size of the group allowing the completion of the trip or stay as well as, if the completion of the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation the trip or stay; this date cannot be set less than twenty-one days before departure;
8° The amount or percentage of the price to be paid as a deposit upon conclusion of the contract as well as the schedule for payment of the balance;
9° The terms of price revision as provided for in the contract pursuant to article R. 211-8;
10° Contractual cancellation conditions;
11° The cancellation conditions defined in Articles R. 211-9, R. 211-10 and R. 211-11;
12° Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or of an assistance contract covering certain specific risks, in particular the costs of repatriation in the event of an accident or disease ;
13° When the contract includes air transport services, the information, for each flight section, provided for in articles R. 211-15 to R. 211-18.
Item R211-5
Modified by Decree No. 2009-1650 of December 23, 2009 – art. 1
Prior information given to the consumer binds the seller, unless in this information the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent this modification can be made and on what elements.
In any case, the modifications made to the prior information must be communicated to the consumer before the conclusion of the contract.
Item R211-6
Modified by Decree No. 2016-1278 of September 29, 2016 – art. 1
The contract concluded between the seller and the buyer must be written, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, articles 1125 to 1127-6, 1176 and 1177 of the civil code apply. The contract must include the following clauses:
1° The name and address of the seller, its guarantor and its insurer as well as the name and address of the organiser;
2° The destination or destinations of the trip and, in the event of a split stay, the different periods and their dates;
3° The means, characteristics and categories of transport used, the dates and places of departure and return;
4° The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification under the regulations or customs of the host country;
5° The catering services offered;
6° The itinerary in the case of a circuit;
7° Visits, excursions or other services included in the total price of the trip or stay;
8° The total price of the services invoiced as well as the indication of any possible revision of this invoicing under the provisions of Article R. 211-8;
9° The indication, if applicable, of the fees or taxes relating to certain services such as landing, disembarkation or boarding taxes in ports and airports, tourist taxes when they are not included in the price of the service(s) provided;
10° The schedule and terms of payment of the price; the last payment made by the purchaser may not be less than 30% of the price of the trip or stay and must be made upon delivery of the documents allowing the trip or stay to be carried out;
11° The special conditions requested by the buyer and accepted by the seller;
12° The terms according to which the buyer can seize the seller of a complaint for non-performance or poor performance of the contract, a complaint which must be sent as soon as possible, by any means allowing an acknowledgment of receipt to be obtained from the seller, and, where appropriate, reported in writing to the travel organizer and the service provider concerned;
13° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7 ° of article R. 211-4;
14° Contractual cancellation conditions;
15° The cancellation conditions provided for in articles R. 211-9, R. 211-10 and R. 211-11;
16° Details concerning the risks covered and the amount of guarantees under the insurance contract covering the consequences of the professional civil liability of the seller;
17° The information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as those concerning the assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;
18° The deadline for informing the seller in the event of assignment of the contract by the buyer;
19° The commitment to provide the buyer, at least ten days before the scheduled date of departure, with the following information:
- a) The name, address and telephone number of the seller's local representation or, failing that, the names, addresses and telephone numbers of local organizations likely to help the consumer in the event of difficulty or, failing that, the telephone number for establishing urgent contact with the seller;
- b) For travel and stays of minors abroad, a telephone number and an address enabling direct contact to be established with the child or the person in charge of their stay on the spot;
20° The clause for termination and reimbursement without penalty of the sums paid by the buyer in the event of non-compliance with the information obligation provided for in 13° of article R. 211-4;
21° The commitment to provide the buyer, in good time before the start of the trip or stay, with the departure and arrival times.
Item R211-7
The buyer may assign his contract to a transferee who fulfills the same conditions as him to carry out the trip or the stay, as long as this contract has not produced any effect.
Unless stipulated more favorable to the transferor, the latter is required to inform the seller of his decision by any means allowing him to obtain an acknowledgment of receipt no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This assignment is not subject, under any circumstances, to prior authorization from the seller.
Item R211-8
When the contract includes an express possibility of revising the price, within the limits provided for in Article L. 211-12, it must mention the precise methods of calculating, both upwards and downwards, price variations, and in particular the amount of transport costs and related taxes, the currency(ies) which may have an impact on the price of the trip or stay, the part of the price to which the variation applies, the rate of the currency(ies) used as a reference when establishing the price appearing in the contract.
Item R211-9
When, before the departure of the buyer, the seller finds himself forced to make a modification to one of the essential elements of the contract, such as a significant increase in the price, and when he disregards the information obligation mentioned in 13° of article R. 211-4, the buyer may, without prejudice to recourse for compensation for any damage suffered, and after having been informed by the seller by any means making it possible to obtain an acknowledgment of receipt:
– either terminate your contract and obtain immediate reimbursement of the sums paid without penalty;
– either accept the modification or the replacement trip proposed by the seller; an addendum to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums remaining due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of his departure.
Item R211-10
In the case provided for in Article L. 211-14, when, before the buyer's departure, the seller cancels the trip or stay, he must inform the buyer by any means enabling him to obtain a confirmation of reception ; the buyer, without prejudging any recourse for compensation for any damage suffered, obtains from the seller immediate reimbursement and without penalty of the sums paid; the buyer receives, in this case, compensation at least equal to the penalty he would have incurred if the cancellation had occurred on his behalf on that date.
The provisions of this article do not in any way prevent the conclusion of an amicable agreement having as its object the acceptance, by the buyer, of a journey or alternative stay proposed by the seller.
Item R211-11
When, after the departure of the buyer, the seller is unable to provide a major part of the services provided for in the contract representing a significant percentage of the price honored by the buyer, the seller must immediately take the following measures without prejudge claims for compensation for any damage suffered:
- or offer services to replace the services provided by possibly supporting any additional price and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him, upon his return, the difference in price;
- or, if he cannot offer any replacement service or if these are refused by the buyer for valid reasons, provide the buyer, at no additional cost, with transport tickets to ensure his return within conditions that can be deemed equivalent to the place of departure or to another place accepted by both parties.
The provisions of this article are applicable in the event of non-compliance with the obligation provided for in 13° of article R. 211-4.
II. SPECIAL CONDITIONS OF SALE
Article 1: Prior information
Prior to the conclusion of the contract, the Cotentin tourism development SPL sends the client the details of its program: itinerary, accommodation, catering, visits, price according to the number of participants, services included and not included, payment conditions, conditions of cancellation and insurance.
The reservation of a program or a stay implies the unreserved acceptance by the registered persons of all of these conditions of sale of the Cotentin tourist development SPL.
Article 2: Modification of the program before the conclusion of the contract
Changes may occur affecting the nature of the services announced; they are likely to relate in particular to the Itinerary, accommodation, catering and visits.
In accordance with article R211-5 of the aforementioned Tourism Code, any modifications are brought to the attention of the customer before the conclusion of the contract.
Article 3: Registration
The customer provides their marital status and contact details so that their registration can be carried out. The Cotentin Tourist Development SPL submits a copy of these conditions for the client's signature and provides them with a copy of these conditions.
Article 4: Price and quote
Each quote is tailor-made. The Cotentin tourism development SPL undertakes to send a stay proposal accompanied by a quote within 2 weeks following the request.
The quote sent cannot under any circumstances be considered as a booking option; it is issued subject to availability from service providers (hoteliers, restaurateurs, transporters).
The price of the program indicated is per person.
The prices mentioned on the quote are provided for information purposes only. They may be modified at the time of conclusion of the contract according to the conditions in force at that time, to take into account the prices charged by the various partners of the Cotentin tourism development SPL.
Prices are indicated net including tax and valid for the period specified on the program for the overall service.
Article 5: conclusion of the contract and deposit
The reservation becomes firm upon receipt by the Cotentin Tourist Development SPL of a copy of the quote signed with the mention “good for agreement” (or a purchase order signed before the deadline appearing on the voucher), accompanied by a payment of a deposit of 30% of the total amount including tax by check payable to the Cotentin Tourist Development SPL or by bank transfer (bank details on request).
The Cotentin Tourist Development SPL reserves the right not to make a reservation regarding a request made less than 8 working days from departure.
Article 6: Payment of the balance of the price
The final contract, designated tourist stay sales contract, is sent to the customer no later than 30 days before the start of the stay by the Cotentin Tourist Development SPL. The balance must be paid in return by check payable to the Cotentin Tourist Development SPL or by bank transfer (bank details on request). Upon receipt of this payment, the Cotentin tourism development SPL sends the customer vouchers to be given to the service providers concerned at each stage of the stay and defined in article 7 of these conditions.
The customer who has not paid the balance of the price on the agreed date (one month before the date of the stay or the service), without having notified the SPL of tourist development of Cotentin, is considered to have canceled the service or stay. In this case the customer cannot claim any reimbursement and a deduction is made under the conditions provided for in article 10 of these conditions.
In the event of late registrations (less than 30 days before the start of the stay), full payment is required upon reservation.
Article 7: Exchange vouchers
Upon receipt of payment of the balance of the price by the customer, the Cotentin tourist development SPL sends the customer vouchers to be given to the service providers concerned at each stage of the stay.
If part of the services mentioned on the exchange voucher is not provided, for a reason unrelated to the customer, the latter will be given a certificate dated and signed by the service provider, to be sent within 8 days after delivery. departure date at the Cotentin tourism development SPL. In the event of transmission of a certificate without the agreement of the service provider, the Cotentin Tourist Development SPL carries out a verification relating to the conditions of failure to perform the service within 8 days.
Any additional services requested by the customer, not mentioned in an exchange voucher, must be paid on site directly to the service provider and are the exclusive responsibility of the customer.
Article 8: respect of program dates and times
The program is agreed for a specific date and times which must be respected by the client. In the event of late or delayed arrival, the customer must notify the service providers whose contact details appear on the exchange vouchers.
Services not provided or provided only in part due to the customer remain due in full by the customer and are not refundable.
Article 9: Responsibility of the Cotentin tourism development SPL
The Cotentin Tourist Development SPL which offers services to a customer is the customer's sole contact and is responsible for the execution of the obligations arising from these conditions of sale.
The Cotentin tourism development SPL is responsible under the terms of article L211-16 of the Tourism Code, which provides:
“Any natural or legal person who engages in the operations mentioned in article L211-1 is automatically responsible towards the buyer for the proper execution of the obligations resulting from the contract, whether this contract was concluded remotely or not and whether these obligations are to be performed by itself or by other service providers, without prejudice to its right of recourse against them and within the limit of the compensation provided for by international conventions. However, it may exempt itself from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the buyer, or to the unforeseeable and insurmountable act of a third party foreign to the provision of the services provided for in the contract, or in a case of force majeure. »
Article 10: Cancellation by the customer
Any cancellation must be notified by registered letter addressed to the Cotentin Tourist Development SPL at the following address: 3 Avenue de la République – 50270 Barneville Carteret
In the event of cancellation, the customer is liable for the following sums, where applicable withheld from the deposit paid, depending on the date of receipt of the cancellation request:
– Cancellation more than 30 days before the start of the service or stay: 10% of the amount of the service.
– Cancellation between the 30th and 21st day before the start of the service or stay: 30% of the amount of the service.
– Cancellation between the 20th and 8th day before the start of the service or stay: 90% of the amount of the service
– Cancellation less than 7 days before the start of the service or stay: the customer must pay the entire service.
If the customer does not show up on the agreed day for the service or stay, no refund will be made.
For any cancellation request by the customer more than 30 days before the initially planned reservation date, the Cotentin Tourist Development SPL will endeavor to propose the postponement of the service or stay to a later date, depending on availability. service providers, without deduction from amounts already paid.
In the event that the customer does not accept this proposal, the cancellation fees will be retained according to the scale indicated above.
Article 11: Modification of the program due to the client
Any modification of the program at the customer's request must first be submitted to the Cotentin Tourist Development SPL, which reserves the right to either refuse it or accept it, subject to a possible price modification.
Article 12: Interruption of the service or stay by the customer
In the event of interruption of the service or stay by the customer, no refund will be made.
Article 13: Cancellation of the service or stay by the Cotentin tourism development SPL.
When, before the date of the service or stay, compliance with an essential element of the contract is made impossible by an external event which obliges the Cotentin Tourist Development SPL to cancel the service or stay, the Tourist Development SPL du Cotentin notifies the customer by registered letter with acknowledgment of receipt.
The customer is reimbursed in full for amounts already paid within 30 days without being able to claim payment of any other compensation.
Article 14: Partial cancellation by a service provider
Any cancellation or modification of a service forming part of a stay, by the service provider cannot result in the cancellation of the entire stay. In this case, the customer can only claim reimbursement for said service.
Article 15: Cancellation or delay of a sea crossing
In accordance with the texts applicable to maritime transport, if the departure of a ship is prevented by an event not attributable to the transport company (e.g. diversion, weather, etc.), the latter is entitled to decline all liability for direct and indirect costs and damages caused by the delay or cancellation of the crossing. Likewise, the transport company cannot be held responsible for the non-correspondence of boat departures and arrivals with any other means of transport.
Any modification or cancellation of the crossing is notified to the customer as quickly as possible by the Cotentin Tourist Development SPL. In this case, the customer can only claim reimbursement for said service.
Article 16: Modification of the service or stay by the Cotentin tourism development SPL
The Cotentin tourism development SPL may be forced, for reasons beyond its control, even after the start of a stay, to change the accommodation or restaurants designated on the program. In this case, the Cotentin tourism development SPL strives to offer the customer services at least equivalent to those initially planned.
Likewise, the direction of a circuit can be modified. In this case, and as far as possible, all visits and stages are maintained.
Strikes, demonstrations or weather conditions are particularly likely to lead to program changes.
Finally, although all the services mentioned in the program description have been confirmed with the service providers, it may happen, for reasons beyond the control of the Cotentin tourism development SPL, that these services are suspended without the development SPL tourist of Cotentin be informed.
The Cotentin tourism development SPL cannot be held responsible in such cases. In these cases, the customer cannot obtain any compensation other than reimbursement for services not performed and not replaced.
Article 17: Complaints with request for reimbursement
Any complaint including a request for reimbursement must be sent to the Cotentin Tourist Development SPL, under penalty of inadmissibility, by registered letter with acknowledgment of receipt to the following address: 3 avenue de la République 50270 Barneville – Carteret; accompanied by supporting documents and within a maximum period of 15 days after the end date of the service or stay.
The response time varies depending on the result of the investigation carried out by the Cotentin Tourism Development SPL among the service providers concerned.
The Cotentin tourism development SPL only takes into account complaints from the signatory of the contract and relating to fully settled files.
Article 18: Insurance and financial guarantee
The Cotentin tourist development SPL has taken out a financial guarantee, under the conditions provided for by articles r 211-26 to r 211-34 of the tourism code, with GROUPAMA Assurance-Crédit et Caution 8 – 10 rue d'Astorg 75008 Paris (contract no. 4000715992/0).
The Cotentin tourist development SPL has taken out civil liability insurance (organizers and sellers of trips or stays)), in accordance with the provisions of articles L 211-16 to l 211-18 and r 211-35 to r 211-40 of the code tourism, with the company AXA 313 Terrasses de l'Arche 92727 Nanterre Cedex (contract no. 4557829804).
Article 19: Right of access and rectification of personal data
In accordance with Law No. 78.17 of January 6, 1978, known as the Data Protection Act, the customer has the right to access and rectify personal data concerning him, collected by the Cotentin Tourist Development SPL for the purposes of of its activity.
Article 20: Unaccompanied minors
The Cotentin tourism development SPL cannot accept the presence of an unaccompanied minor. Consequently, the Cotentin Tourist Development SPL cannot be criticized for not carrying out the agreed services in the event that, despite this prohibition, an unaccompanied minor is registered without their knowledge.
Article 21: Specific request
Any special request concerning in particular People with Reduced Mobility or specific diets must be specified at the latest when establishing the quote.
Article 22: Animals
For health and safety reasons, animals are not allowed on stays organized by the Cotentin tourism development SPL.
Article 23: Specific provisions for accommodation
- Rental accommodation:
The customer may be asked by the service provider, upon taking possession of the premises, to pay a security deposit.
This security deposit is returned to the customer by the service provider on the day of the customer's departure or by mail, within 30 days.
The restitution takes place after the completion of a contradictory inventory and subject to a possible deduction for taking into account any damage or losses noted.
The condition of the accommodation, when taking possession of the premises, is the subject of an observation.
Cleaning of the premises is the responsibility of the customer, during the rental period and until departure.
The Cotentin Tourist Development SPL does not intervene in the event of a dispute in this respect between the owner and the client.
- Hotels and B&Bs:
Accommodation prices are calculated for occupancy of a double room with bath or shower, with or without breakfast. When a customer occupies a room designed to accommodate two people alone, a supplement may be requested. single bedroom. The day of