Terms and Conditions of Sale
In accordance with Article R.211-12 of the Tourism Code, brochures and travel contracts offered by travel agents to their clients must include in full the following general terms and conditions derived from Articles R.211-3 to R.211-11 of the Tourism Code.
GENERAL
In accordance with Articles L.211-7 and L.211-17 of the Tourism Code, the provisions of Articles R.211-3 to R.211-11 of the Tourism Code, the text of which is reproduced below, are not applicable to booking or sale operations for transport tickets not included in a package tour.
The organizer’s brochure, quote, proposal, and program constitute the preliminary information referred to in Article R.211-5 of the Tourism Code. Therefore, in the absence of contrary provisions appearing on the front of this document, the characteristics, specific conditions, and price of the trip as indicated in the organizer’s brochure, quote, or proposal will be contractual upon signature of the registration form.
In the absence of a brochure, quote, program, and proposal, this document constitutes, prior to its signature by the buyer, the preliminary information referred to in Article R.211-5 of the Tourism Code. It will become null and void if not signed within 24 hours of its issuance.
In the event of contract assignment, the assignor and/or assignee are first required to pay the resulting fees. When these fees exceed the amounts displayed at the point of sale and those mentioned in the contractual documents, supporting documents will be provided.
SUD EVASION has taken out an insurance contract with GENERALI insurance company, 243 boulevard Albin Durand in Carpentras, guaranteeing its Professional Civil Liability.
Excerpt from the Tourism Code.
Article R.211-3:
Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and any sale of travel or stay services shall give rise to the delivery of appropriate documents that comply with the rules defined by this section.
In the event of the sale of air transport tickets or regular line transport tickets not accompanied by services related to these transports, the seller shall deliver to the buyer one or more passage tickets for the entire journey, issued by the carrier or under its responsibility.
In the case of on-demand transport, the name and address of the carrier, on whose behalf the tickets are issued, must be mentioned.
Separate invoicing of the various elements of the same package tour does not exempt the seller from the obligations imposed on them by the regulatory provisions of this section.
Article R.211-3-1:
The exchange of pre-contractual information or the provision of contractual conditions shall be carried out in writing. This may 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 corporate name and address of the seller, as well as an indication of their registration in the register provided for in point (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, shall be stated.
Article R.211-4:
Prior to the conclusion of the contract, the seller must communicate to the consumer information on 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, comfort level, and main characteristics, its approval and tourist classification corresponding to the regulations or customs of the host country;
3° The catering services offered;
4° The description of the itinerary when it is a tour;
5° The administrative and health formalities to be completed by nationals or by citizens of another European Union Member State or a State party to the Agreement on the European Economic Area, particularly in the event of border crossings, as well as their completion deadlines;
6° Visits, excursions, and other services included in the package or potentially available for an additional charge;
7° The minimum or maximum group size allowing the trip or stay to take place, as well as, if the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in case of cancellation of 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 payment schedule for the balance;
9° The terms for price revision as provided for by the contract in application of Article R. 211-8;
10° Contractual cancellation conditions;
11° Cancellation conditions defined in Articles R. 211-9,
R. 211-10 and R. 211-11;
12° Information concerning the optional subscription to an insurance contract covering the consequences of certain cancellation cases or an assistance contract covering certain specific risks, particularly repatriation costs in case of accident or illness;
13° When the contract includes air transport services, the information, for each flight segment, provided for in Articles R. 211-15 to R. 211-18.
Article R.211-5:
The preliminary information provided to the consumer binds the seller, unless the seller has expressly reserved the right to modify certain elements therein. In this case, the seller must clearly indicate the extent to which this modification may occur and which elements it concerns.
In any event, modifications made to the preliminary information must be communicated to the consumer before the conclusion of the contract.
Article R.211-6:
The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one copy of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, Articles 1369-1 to 1369-11 of the Civil Code shall apply. The contract must include the following clauses:
1° The name and address of the seller, their guarantor, and their insurer, as well as the name and address of the organizer;
2° The destination(s) of the trip and, in the case 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, comfort level, and main characteristics, and its tourist classification according to the regulations or customs of the host country;
5° The catering services offered;
6° The itinerary when it is a tour;
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 an indication of any possible revision of this invoicing under the provisions of Article R. 211-8;
9° An indication, if applicable, of fees or taxes related to certain services such as landing, disembarkation, or embarkation taxes in ports and airports, and tourist taxes when they are not included in the price of the service(s) provided;
10° The schedule and terms of payment for the price; the final payment made by the buyer cannot be less than 30% of the price of the trip or stay and must be made upon delivery of the documents enabling the trip or stay to take place;
11° Specific conditions requested by the buyer and accepted by the seller;
12° The procedures by which the buyer may submit a complaint to the seller for non-performance or poor performance of the contract, which complaint must be sent as soon as possible, by any means allowing for an acknowledgment of receipt to the seller, and, if applicable, reported in writing to the tour organizer and the service provider concerned;
13° The deadline for informing the buyer in case of cancellation of the trip or stay by the seller when the realization of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of point 7° of Article R. 211-4;
14° Contractual cancellation conditions;
15° 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 seller’s professional civil liability;
17° Indications concerning the insurance contract covering the consequences of certain cancellation cases subscribed by the buyer (policy number and name of the insurer) as well as those concerning the assistance contract covering certain specific risks, particularly repatriation costs in case 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 case of contract assignment by the buyer;
19° The commitment to provide the buyer, at least ten days before the scheduled departure date, with the following information:
a) The name, address, and telephone number of the seller’s local representative or, failing that, the names, addresses, and telephone numbers of local organizations likely to assist the consumer in case of difficulty or, failing that, the emergency contact number to establish urgent contact with the seller;
b) For trips and stays abroad for minors, a telephone number and address allowing direct contact with the child or the on-site person responsible for their stay;
20° The clause for termination and penalty-free refund of sums paid by the buyer in case of non-compliance with the information obligation provided for in point 13° of Article R. 211-4;
21° The commitment to provide the buyer, in due time before the start of the trip or stay, with the departure and arrival times.
Article R.211-7: The buyer may assign their contract to an assignee who meets the same conditions as them to undertake the trip or stay, as long as this contract has not yet taken effect.
Unless more favorable provisions for the assignor, the latter is required to inform the seller of their decision by any means allowing for an acknowledgment of receipt no later than seven days before the start of the trip. For a cruise, this period is extended to fifteen days. This assignment is not subject, under any circumstances, to prior authorization from the seller.
Article R.211-8: When the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it must specify the precise calculation methods, both upwards and downwards, for price variations, and notably the amount of transport costs and related taxes, the currency or currencies that may affect the price of the trip or stay, the portion of the price to which the variation applies, and the exchange rate(s) used as a reference when establishing the price in the contract.
Article R.211-9: When, before the buyer’s departure, the seller is forced to make a modification to one of the essential elements of the contract, such as a significant price increase, and when they disregard the information obligation mentioned in point 13° of Article R. 211-4, the buyer may, without prejudice to claims for compensation for any damages suffered, and after having been informed by the seller by any means allowing for an acknowledgment of receipt:
either terminate their contract and obtain an immediate refund of the sums paid without penalty;
or accept the modification or the substitute trip offered by the seller; an addendum to the contract specifying the modifications is then signed by the parties; any price reduction shall be 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 refunded to them before their departure date.
Article R.211-10: In the case provided for in Article L. 211-14, when, before the buyer’s departure, the seller cancels the trip or stay, they must inform the buyer by any means allowing for an acknowledgment of receipt; the buyer, without prejudice to claims for compensation for any damages suffered, obtains from the seller an immediate and penalty-free refund of the sums paid; in this case, the buyer receives compensation at least equal to the penalty they would have incurred if the cancellation had occurred due to their fault on that date. The provisions of this article do not, under any circumstances, prevent the conclusion of an amicable agreement for the buyer’s acceptance of a substitute trip or stay offered by the seller.
Article R.211-11: When, after the buyer’s departure, the seller is unable to provide a predominant part of the services stipulated in the contract, representing a non-negligible percentage of the price paid by the buyer, the seller must immediately take the following measures, without prejudice to claims for compensation for any damages suffered:
either offer replacement services for the planned services, potentially bearing any additional cost, and if the services accepted by the buyer are of lower quality, the seller must refund the price difference to them upon their return;
or, if they cannot offer any replacement services or if these are refused by the buyer for valid reasons, provide the buyer, without additional cost, with transport tickets to ensure their return under conditions that can be deemed equivalent to the place of departure or to another location accepted by both parties.
The provisions of this article are applicable in case of non-compliance with the obligation provided for in point 13° of Article R. 211-4.
SPECIFIC
Valid from January 1, 2016 to December 31, 2018 “HISCOX” insurance – Contract No. RCP0233365
SINGLE ROOMS:
Always less well located and smaller than double rooms, although more expensive. The allocation of a single room is subject to a supplement. Its allocation can only be guaranteed if it has been obtained. In case of impossibility, the amount of the unprovided service will be refunded.
SO-CALLED “SHARED ROOMS”:
Should the composition of a group be such that a traveler who registered alone finds themselves alone in a so-called “shared room,” they will be required to pay the single room supplement.
For 2 people sharing a double room, in case of cancellation by one of these 2 people, the second person will be required to pay the single room supplement.
BAGGAGE
We are not responsible for forgotten items that may be stolen. Furthermore, given the increasing number of personal items forgotten by guests in hotels or restaurants and the difficulty in identifying them, it will be impossible for us to handle either the search for or the return of these items.
IMPORTANT INFORMATION
Due to the inherent uncertainties in travel, particularly abroad, participants are advised that what is described to them constitutes the general rule, but they may encounter and experience exceptions for which we apologize in advance. The prices, schedules, and itineraries mentioned in this program are not contractual and may be modified (see Article 5. the agency assumes no responsibility in case of strike).
TRAVEL PROGRAMS
The itinerary of our trips is established at the time of booking. This is definitive; however, our agency reserves the right to modify excursion itineraries, as well as the chronological order of a trip, due to an unforeseen event or force majeure that could compromise the safety of our clients or the proper execution of the ongoing trip.
IMPORTANT NOTE
All our tours require a minimum of 35 participants, unless otherwise specified (Art. 3).
TOTAL GROUP CANCELLATION
Any cancellation exceeding 20% of the confirmed number of participants is considered a total group cancellation.
Total cancellation incurs fees corresponding to the deposit amount.
The deposit is never refundable.
PARTIAL GROUP CANCELLATION
In the event of partial cancellation, refunds of amounts paid will be made after deducting the amounts specified below, depending on the cancellation date relative to the program start date.
– More than 90 days before departure: €40 per person (non-refundable administration fees)
– From 89 to 60 days before departure: 25% of the trip price per person
– From 59 to 45 days before departure: 50% of the trip price per person
– From 44 to 31 days before departure: 75% of the trip price per person.
– Less than 30 days before departure: 100% of the trip price per person
No refund can be issued if the client does not appear at the times and locations mentioned on the registration form, or if they fail to present the required travel documents (passport, visas, identity card).
IN CASE OF CANCELLATION BY US
An insufficient number of participants may lead to the cancellation of certain types of trips. Such cancellation cannot occur less than 45 days prior to departure for tours lasting up to 8 days. For tours lasting less than 8 days, cancellation cannot occur less than 20 days before departure.
INTERNATIONAL TOURS
Identity cards are valid for a maximum of 10 years. Minor children traveling without their parents must carry, in addition to their identity card, parental authorization issued by their local Town Hall or police station. Passports must be valid and, depending on the destination, remain valid for 6 months after the return date of the trip.
HOTELS
Hotel categories in the various programs refer to the official classification in the countries concerned. Any other criterion would be null and void in the event of a legal dispute. It is worth noting that in some cities, the services provided by hotels do not always correspond to what their category might suggest. However, these stops are maintained due to their tourist interest or geographical necessity.
Similarly, we reserve the right to select lower-category hotels at certain stops if their quality appears superior to us despite their official classification.
SUD EVASION
PO Box 20014 – 84201 CARPENTRAS CEDEX – Tel. 04.90.60.15.00 – Fax: 04.90.60.76.21 – www.sud-evasion.com Email: contact@sud-evasion.com
Independent Trader – Limited Liability Company with a capital of €24,000 – Commercial Register Carpentras B 950409193 – 89 B 217
NACE Code 7911 Z – VAT: FR 85 950 409 193 00055 – License: IM084110002