« Novela » is a French and international trademark registered under the numbers 3881671 and 1118504..
Novela Travel is an independent Tour Operator, based in Paris (hereinafter "Novela Cuba").
Simplified joint stock company - APE 7911Z - Capital 300,000 Euros
Travel agency license n° IM075110070 delivered by the prefecture of Paris.
APST Financial Guarantee - 15 avenue Carnot - 75017 Paris
Hiscox France Professional Liability Insurance 19, rue Louis le Grand - 75002 Paris.
Any booking made on the website www.novelacuba.com implies acceptance of these general terms and conditions of sale (hereinafter "GTC").
The services are payable in advance at the time of booking by our secure online payment system.
Novela Cuba regularly updates its prices and may modify its prices without prior notice under the conditions defined below.
In order to take into account the rates agreed by the various service providers of Novela Cuba and the exchange rate, the rates may be modified between the transmission of the quote and the confirmation of the reservation. In this case, you will be informed in advance. The price of the services applicable is therefore the one communicated by Novela Cuba at the time of booking and which is indicated on the invoice.
The price indicated on the quotation is fixed by our partner service provider. As the latter can change its price at any time, we advise you to book as soon as possible, as soon as you receive your quote. Under no circumstances may you require Novela Cuba to apply the price mentioned on the quotation to you.
Once payment has been made, the price of the service indicated is firm and guaranteed and will no longer be modifiable by Novela Cuba even if the exchange rate fluctuates. Similarly, after full payment of the invoice, the customer may not request a change in the price paid in the event of promotional offers offered by Novela Cuba.
3. Means and Methods of Payment
The amount of the service is paid at the time of booking and after confirmation of availability by the service provider.
Means of payment accepted: International Credit Cards (Visa, MasterCard) or cash directly at the office in Paris, within the limit provided for in Article D 112-3 of the Monetary and Financial Code.
In case of online booking, payment is made by credit card. The customer must provide Novela Cuba with his credit card number.
The amount of the service will only be debited after confirmation by the service provider of the availability of his service. In the event of unavailability, your credit card will not be charged
Novela Cuba will confirm the reservation of services to the client as soon as the service provider's agreement is obtained by issuing a voucher.
As soon as you have paid, Novela Cuba will send you an invoice
4. Applicable Law
These GTC are governed by French law
In the event of a dispute relating to the performance of a service provided by Novela Cuba, within the framework of a relationship between professionals, jurisdiction is assigned to the Paris Commercial Court. This clause is not applicable to individuals
5. Protecting your Privacy
5.1. Collection of personal data
Concerned about respecting your privacy and protecting the information you provide, Novela Cuba complies with current privacy legislation. Some of the information we ask you for is mandatory (indicated by an asterisk on the website) because it is essential to process your order, others are optional and collected in order to better satisfy you by responding in a more personalized way to your expectations. They may be transmitted to our service providers, suppliers of reserved services (car rental companies, hoteliers, etc.) as part of the processing of your order.
If you do not provide us with the required information, we will not be able to process your request.
The information collected on this form is recorded in a computer file by Novela Cuba for the purpose of booking services and providing the necessary documents for your stay in Cuba.
In addition, your data may be used to send promotional or commercial offers from Novela Cuba.
You can request to stop receiving these offers at any time by clicking on the link at the bottom of each of our e-mailings
5.2. Right of access and opposition
In accordance with Articles 38 and following of Law No. 78.17 of 6 January 1978 as amended, known as the "Data Protection Act", you have the right to access, query, modify, rectify and oppose your personal data. You can exercise this right by email to email@example.com or by sending a letter to:
14 Rue des Minimes 75003 Paris – France
If you exercise a right of opposition before the end of the service, Novela Cuba cannot guarantee the proper performance of the said service.
In accordance with article 40-1-II of the Data Protection Act, you may transmit to Novela Cuba directives relating to the storage, erasure and communication of these personal data after your death.
In accordance with article L121-34 of the Consumer Code, we remind you that you have the right to register on the list opposing telephone solicitation to Bloctel http://www.bloctel.gouv.fr/
5.3. Storage of personal data
Novela Cuba undertakes not to retain the personal data of its customers beyond the time necessary for the performance of its service, except to send promotional or commercial offers to its customers for products or services similar to those already provided by Novela Cuba. If the customer does not respond to any request 3 years after the last contact, Novela Cuba undertakes to delete the information concerning him.
Novela Cuba undertakes to ensure that credit card data is deleted as soon as the transaction is completed.
Personal data relating to a non-customer prospect will be kept for a period of 3 years from the date of collection.
6. Booking Conditions for Car Rental
• The price includes
Car rental: a fixed price for a defined number of days (24-hour period) with unlimited or limited mileage, according to the conditions indicated in the estimate.
Information on the capacity of rental cars (number of people, number of luggage...) is indicative; it varies according to the size of passengers and luggage. Novela Cuba cannot be held liable in this respect.
• The price does not include
- The fuel
- Compulsory insurance
- Options (baby seat, child seat) whose availability is not guaranteed at the time of booking
- Airport taxes as soon as the vehicle is rented or returned to the airport
- Abandonment costs, also known as drop off fees
- Additional driver
- The deposit (the deposit will be refunded when you return the vehicle provided the vehicle is not damaged)
- Time overruns resulting in a penalty set by the rental company, the amount of which will be mentioned in the rental contract,
- The amount of the deductible charged by the rental company in the event of an accident or damage to the vehicle with or without a known third party, including if you have subscribed to the Refundable Excess Option
- The amount of fines and other contraventions
- Deductible buy-back insurance
It is possible to check the amount of additional charges for items not included in the price during your booking process on our website by referring to the price description ("more details" button). They are also included on the voucher. They are given as an indication, the rental companies may modify them without notice. They are to be paid directly to the rental company.
• Drop off (or abandonment) fees
If you return the rented vehicle to a place (airport/city centre) or a city other than the pick-up place, a supplement, called "abandonment costs" (or drop off fees) will be charged to you on site, directly by the rental company when the car is returned. The amount of the drop off fees will be communicated to you during the booking process on our website, under the heading "to be paid on site"
Attention: This amount will be communicated to you as an indication, the rental companies can modify it without notice.
• Fines and contraventions
The customer remains solely responsible for fines, contraventions and official reports issued against him/her as well as for all legal, administrative and customs proceedings. Fines must be paid directly to the rental company by Credit Card presented at the counter when the vehicle is returned.
The reserved vehicle will only be given to you upon presentation of the following documents:
› The voucher issued by Novela Cuba,
› The original valid driving licence of the main driver and additional drivers (photocopies are not accepted). A minimum period of possession of the driving licence is required by the rental company: it is one year or two depending on the selected rental company (see below). It is not necessary to have an international driving licence.
› The passport of the main driver and additional drivers,
› An international credit card in the same first and last name as the main driver with a sufficient limit to cover the deductible in the event of damage/theft. Maestro and Electron and American Express cards are not accepted by the rental companies.
Conditions for holding a driving licence:
• Car rental with Cubacar
Driving licence valid for 2 years and 21 years old minimum
• Car rental with Gaviota
Driving licence valid for 1 year and 21 years old minimum
Except for Cubans: driving license valid for 2 years and be at least 21 years old.
• Car rental with Rex
For all categories, except Sport: driving licence valid for 2 years and 21 years old minimum.
For the Sport category: driving license valid for 2 years and be at least 25 years old
In the event of failure to present those documents or to comply with the rental company's conditions when picking up the vehicle, the latter reserves the right not to carry out the rental. In this case, Novela Cuba will not be held liable and will not grant any compensation.
A deposit is blocked by the rental company when the vehicle is picked up on the driver's credit card (VISA, MASTERCARD). The deposit can also be given in cash. Checks, traveller checks, MAESTRO and ELECTRON cards are not accepted for the payment of the deposit. The deposit will be released from the credit card (or returned in the event of cash delivery) in full upon return of the vehicle if it is in the same condition as when it was picked up. We advise you to check that your credit card allows an imprint of the amount of the deposit. This amount corresponds to the amount of the damage deductible of the rented vehicle plus the daily rental rate and the value of a full tank of gas.
The deposit is not included in the rental price.
Under no circumstances shall Novela Cuba be held liable in the event of any failure by the customer to comply with the above-mentioned points, which could result in the cancellation of the reservation at the car rental company's office. In particular, it is therefore the responsibility of the credit card holder to take steps to ensure that he or she has a sufficient limit to cover the deductible in the event of damage/theft.
6.4. Contract with the rental company
The voucher issued by Novela Cuba does not constitute the rental contract. However, no modification of the services is possible (duration, type of vehicle).
The rental contract is concluded between the renter and the rental company at the time the vehicle is picked up. It is subject to the legislation of the country where the vehicle is picked up and is valid for the duration of the rental. It includes the rental conditions of the rental company as well as the additional costs to be borne by the customer (insurance, options, airport tax, etc.).
The signature of the rental contract of the rental company confirms your acceptance. It is advisable to keep a copy of this contract.
Additional drivers must be mentioned on this contract by the rental company and must be present when the rental vehicle is picked up. They must also have their driving licence and the same documents as those requested from the main driver.
The renter and the authorised drivers are responsible to the renter for the rental conditions and become fully responsible for the vehicle as soon as it is picked up. In the event that the renter customer does not comply with these rental conditions, the renter reserves the right to immediately and automatically terminate the rental and refuse to make the vehicle available without him or Novela Cuba being required to refund the rental and/or pay any compensation. Novela Cuba cannot be held responsible if the customer does not meet the conditions imposed on site by the rental company.
The rental, which is personal and non-transferable, is concluded for a fixed period specified on voucher issued by Novela Cuba.
6.5. Vehicle pick-up
It is imperative to arrive at the counter on the date and time indicated on the voucher. In general, a 30-minute delay is tolerated, provided however that it is during the official opening hours of the agency. After this period, the vehicle may be transferred to another customer. Novela Cuba can under no circumstances be held responsible and will not grant any compensation.
Special Cancellation Cases - Flight Delay:
Attention: in case of pick-up of the vehicle at the airport, we remind you that no compensation will be granted if you have not been able to pick up the vehicle due to an error on your part concerning the information transmitted, in particular, on the flight number, flight schedule or the name of the airport, or in case of cancellation of the flight by the airline or the airport authorities.
In the latter case, we strongly recommend that you turn against the airline.
6.6. Penalty for late return
If you return your vehicle after the time specified on your voucher, you will be charged a fee equivalent to at least one day's rental at the rental company's rate in effect, to which local taxes and rental company insurance apply.
6.7. Technical inspection of the vehicle
When the time limit for carrying out the roadworthiness test of the vehicle occurs during the rental period, the lessor may ask the customer to go to a Gaviota garage to carry out the inspection. This revision takes about 1 hour.
In the event that the customer does not carry out the roadworthiness test, the costs amount to 50 CUC payable upon delivery of the vehicle.
Drivers must subscribe to the Cuban insurance offered by the rental company. This insurance is unique and mandatory. It is not included in the rental price
It is the driver's responsibility to read the terms of the contract at the time of subscription and, if applicable, to take out any additional insurance.
Novela Cuba offers excess repurchase insurance (including breakdown/removal costs not covered by the lessor) up to a maximum of €600, including a maximum of €150 for breakdown/removal costs.
This insurance is offered by Mondial Assurance whose general conditions are available on our website https://www.novelacuba.com/media/auto/mondial_assistance_novelacuba.pdf_assistance_novelacuba.pdf
Attention: in the event of a road accident, the Cuban administration may open a judicial inquiry. In such circumstances, the driver may be forced to remain on Cuban territory pending the closure of the investigation.
It is the driver's responsibility to comply with all regulations applicable in Cuba. Novela Cuba cannot be held responsible for any damage to the driver, passengers or third parties during the rental of the car. It is the driver's responsibility to take all necessary measures to hold insurance against any claims that may arise during his stay.
7. Hotel & Guest House
• The price includes
Household linen, the service indicated on the invoice and the voucher (Type of room and what is included: breakfast, half board etc.)
• The price does not include
- Insurance (strongly recommended) in case of rental in Guest House
- Some boat transfers to be paid on site as in the case of the Cayo Levisa Hotel or the Guama Hotel.
7.2. Booking conditions
- The specific conditions applicable will be specified by the Hotel.
- Check in/out: In general 13h for the check in (taking the room) and 12h for the check out (leaving the room)
- Hotel rooms in Cuba can accommodate a maximum of 3 people.
- Each person staying in the hotel room must provide their passport at the reception upon arrival.
- You must present the voucher provided by Novela Cuba to benefit from the service
- You must comply with local legislation. For example, persons of Cuban nationality may not stay at the Cayo Levisa Hotel unless authorized by local authorities.
- You must arrive at the hotel on the day of the beginning of the reservation or inform it of a possible one-day delay because, otherwise, your reservation could be cancelled by the hotel and no compensation could subsequently be requested from Novela Cuba.
- Some hotels require a transfer service payment, payable on site only (boats for cayo levisa hotel & guama hotel etc). This information is included on the voucher so that the information is complete.
- The specific conditions applicable will be specified by the guest house.
- Check in/out: In general 13h for the check in (taking the room) and 12h for the check out (leaving the room)
- Each person staying in the guest room must provide their passport to the owner upon arrival
- The guest rooms in Cuba can accommodate a maximum of 4 people.
- You must present the voucher provided by Novela Cuba to benefit from the service
- You must comply with local legislation. For example, persons of Cuban nationality may not stay at the Cayo Levisa Hotel unless authorized by local authorities.
- You must report to the guest house on the day of the start of the reservation or inform it of a possible one-day delay because, otherwise, your reservation could be cancelled by the guest house and no compensation could subsequently be requested from Novela Cuba.
- You must respect the rules of decency of the guest house in which you are staying (noise, prostitution, etc.). The owner may cancel your current reservation if these rules are not respected and no compensation can subsequently be requested from Novela Cuba.
- Insurance: Novela Cuba recalls that the licence number issued by the administration to guest houses guarantees, in the absence of any other national regulations, all the security aspects of guest houses in the territory of the Republic of CUBA. Customers' attention is then drawn to the fact that there is no insurance on the territory of the Republic of CUBA nor any organisation other than the one issuing the licence, and that they must insure themselves against any claims that may arise during their stay.
7.3. Person with reduced mobility
There are no specific regulations in Cuba to guarantee the accessibility of infrastructure for people with reduced mobility.
Novela Cuba cannot therefore guarantee the accessibility of the rooms to people with disabilities..
8. Tourist Card (Visa)
8.1. Tourist Card
- The Tourist Card is valid for a single entry for a 30-day stay. It can be renewed for an additional 30 days in a tourist office of a Cuban hotel.
- The Tourist Card is valid for 6 months from the date of issue. If not used within this period, the person wishing to travel to Cuba must obtain a new Tourist Card.
- Novela Cuba can give you the Tourist Card: by hand at the agency or by post. In the latter case, choose the method of sending by post (fast or normal): Novela Cuba cannot under any circumstances be held responsible for any delay in delivery due to La Poste.
- In case of collection at the agency, present the passports of all travellers and a copy of the airline tickets. In the case of postal consignments, indicate the nationality and passport number for each traveller.
- The tourist card (or visa) is sold blank, it is the customer's responsibility to complete it alone before arriving at the airport for the outward flight to Cuba.
- Once you have the document in your possession: complete both parts of the card in capital letters without deletions
- The card is neither taken back nor exchanged
It is the customer's responsibility to ensure that all travellers are in compliance with the formalities described above. The customer will not be able to claim any refund due to the fact that a traveller could not board due to a lack of completion of these formalities.
Attention: Novela Cuba cannot issue a Tourist Card for travellers whose flight to Cuba originates in the United States. The airline is the only one authorized to provide travellers with an entry visa to Cuba.
Attention: the Tourist Card does not guarantee access to Cuban territory.
8.2. Conditions for obtaining a Tourist Card
- Be a resident of the European Community and make a tourist stay
- Hold a passport valid for the duration of the stay.
The cost of obtaining a Tourist Card is €27 per Tourist Card. The shipping costs are at the customer's expense according to the amounts indicated when the order is placed, which vary according to the shipping method (classic or urgent). In the event that the customer has not received the Tourist Card within 15 days of placing the order via the Internet, Novela Cuba undertakes to send the Tourist Card a second time at its own expense to the customer, provided that the shipping address has not been changed. The request for return must be sent within 45 days of the order. In the event of a change of address, the customer will have to pay the full price again (Tourist Card + shipping costs). In the event that the Client has not always received the Tourist Card, Novela Cuba will not send the document a third time.
The customer may purchase Tourist Cards for several travellers provided that he/she provides all the necessary information.
9. Airline tickets
9.1. Airline company
Novela Cuba reserves flight tickets with the airline Air France.
Air France's general and special conditions of carriage are accessible via the Air France website www.airfrance.fr
In accordance with the Warsaw Convention, any airline may change, without notice, the schedules and/or itinerary and/or airports of departure and destination.
If the customer decides to cancel his trip, the cancellation conditions referred to in Article 11 hereof shall apply.
Ticket prices are quoted on request.
Tickets are non-transferable and non-refundable.
9.3. Conditions for booking Air France airline tickets
- Tickets are not bookable online. The customer must call Novela Cuba who will make the reservation after acceptance of the customer on the estimate transmitted.
- Provide Novela Cuba with the full name as it appears on your passport per passenger
- Please arrive 3 hours before departure of the flight with the necessary documents: passport, tourist card, assistance insurance certificate, return ticket..
10. Airport Transfers
Novela Cuba offers its customers transfers between Cuba's airports and the city centre by professional drivers (taxi or bus)
The price includes:
- The service indicated on the voucher,
- The fuel
Novela Cuba cannot be held responsible for any incidents that may occur during the transfer. All complaints must be addressed directly to the driver
11. Fees withheld in the event of cancellation by the customer
11.1. Right of withdrawal
In accordance with Article L. 121-21-8 of the Consumer Code, the customer does not have the right of withdrawal.
11.2. Cancellation policy
To be validated, any cancellation request must be made in writing and addressed to Novela Cuba only, and not to the local service provider, by email to firstname.lastname@example.org.
Except in the case of cancellation due to force majeure as defined in article 1218 of the French Civil Code, below are described the costs attributable to your refund in the event of a cancellation
Car Rental, Car Rental with Driver and Transfer:
Cancellation more than 30 calendar days before the day of departure in Cuba: 10% of the price
Cancellation between 30 days and 4 calendar days before the day of departure from Cuba: 30% of the price
Cancellation 3 calendar days before the day of departure in Cuba: 100% of the price
Hotels and Guest Houses:
Cancellation conditions are variable and defined by the local service provider, they are clearly displayed when making a reservation.
Tourist Card and VIP Pass
No returns or exchanges. The costs of obtaining and shipping are not refundable by Novela Cuba or its insurer.
Air France Airline Tickets
In case of cancellation by the customer, only taxes are refunded..
In case of modification, fees are retained: consult us.
Novela Cuba shall not be held personally liable or through its local suppliers for any failure or delay in the performance of its obligations under or in respect of the reservation, or the terms and conditions of performance, if the failure or improper performance is attributable either to the customer, to the unforeseeable and insurmountable act of a third party, or to a case of force majeure as defined in article 1218 of the Civil Code
13. Modification and/or Extension before Arrival in Cuba
Any request for modification must be made to Novela Cuba by email at email@example.com
Attention: The service provider reserves the right to refuse the modification.
› If the service provider accepts the change: the change will be made subject to a price revision proposed by Novela Cuba in the form of an estimate. After acceptance of the customer on this new quote, a new voucher will have to be downloaded and printed from your account on our website. Only this new voucher must be presented at the counter to our service provider to benefit from the modified service.
› If the service provider refuses the modification, the initial booking conditions remain valid as well as the voucher.
14. Modification and/or Extension once in Cuba
Once in Cuba, no changes or cancellations will be refunded.
If you return the car before the scheduled date, it is possible that the insurance fees paid will be reimbursed to you directly by the rental company.
15. Cancellation and Modification by Novela Cuba
15.1. Cancellation :
If the cancellation of the service were to occur as a result of Novela Cuba and subject to Article 12 hereof, the client would obtain a refund of the sums already paid as well as payment by Novela Cuba of compensation at least equal to the penalty he would have incurred if the cancellation had occurred on that date. The provisions of this article shall not prevent the conclusion of an amicable agreement aimed at the acceptance by the customer of a substitution transaction proposed by Novela Cuba.
In the event that the cancellation is caused by a case of force majeure as defined in Article 14 hereof, Novela Cuba's guarantee and liability cannot be sought and retained.
15.2. Modification :
If Novela Cuba is forced to modify an essential element of the service by impossibility of performance, it will immediately inform the customer by registered letter with acknowledgement of receipt and propose an alternative service that the customer is entitled to accept or refuse. In the event of refusal, the customer may obtain, without penalty, an immediate refund of the sums paid, subject to Article 12 hereof.
If Novela Cuba is forced to modify an essential element of the service after departure, it will do so under the conditions provided for in Article R 211-11 of the Tourism Code.
Novela Cuba has taken out civil and professional liability insurance with Hiscox. The purpose of this contract is to cover Novela Cuba against professional risks that may arise in its capacity as a travel agency.
Novela Cuba does not offer insurance packages for the customer's trip. It is the client's responsibility to take out personal insurance:
- Health: all travellers must have health insurance coverage. It is generally included in credit card fees. A medical insurance certificate may be requested at the airport. However, if, for some exceptional reason, a traveller was not covered, he or she would be required to take out insurance at the airport of arrival in Cuba;
- Car: drivers must subscribe to the unique and compulsory Cuban insurance. It is the driver's responsibility to read the terms of the contract at the time of subscription and, if applicable, to take out any additional insurance. Novela Cuba offers excess repurchase insurance (including breakdown/removal costs not covered by the lessor) up to a maximum of €600, including a maximum of €150 for breakdown/removal costs. This insurance is offered by Mondial Insurance whose general conditions are available on our website https://www.novelacuba.com/media/auto/mondial_assistance_novelacuba.pdf_assistance_novelacuba.pdf;
- Accommodation: It is strongly recommended to take out insurance against any claims that may arise during your stay. If the licence is issued by the administration only to guest houses meeting a defined security standard, there is no insurance on the territory of the Republic of CUBA to compensate travellers for any damage they may suffer.
17. Conditions for entry into Cuba for a European citizen
The European citizen is informed that the following documents are required to enter Cuban territory: :
- Valid passport, valid for the duration of the stay
- Tourist Card
- Medical insurance certificate
- Return flight ticket
The presentation of these documents does not guarantee entry into Cuban territory
18. Persons to contact during the stay
In accordance with article R 211-6 of the Tourism Code, the contact details of the persons to contact in case of difficulties encountered during the stay in Cuba are indicated on the voucher issued by Novela Cuba.
Any complaint must be made in writing to our customer service department within 2 months of the end of your service.
You must create a file with the following elements:
› The explanation of your complain,
› In the case of a car rental, your rental contract signed with the lessor
These elements can be transmitted:
by email to firstname.lastname@example.org
or by post to
14 Rue des Minimes 75003 Paris- France
In the event of a dispute, the client may use a conventional mediation procedure or any other alternative dispute resolution method.
The customer may refer the matter to the consumer ombudsman according to MTV Médiation Tourisme Voyage BP 80 303 - 75 823 Paris Cedex 17 - www.mtv.travel.
In accordance with Article R211-12 of the Tourism Code, Articles R.211-3 to R.211-11 of the Tourism Code are reproduced below:
Article 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 accommodation services shall be subject to the submission of appropriate documents in accordance with the rules defined by this section.
In the event of the sale of air tickets or regular line tickets not accompanied by services related to such transport, the seller shall issue to the buyer one or more transit 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 indicated.
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 shall be made in writing. They may be carried out electronically under the conditions of validity and exercise provided for in Articles 1125 to 1127-6, 1176 and 1177 of the Civil Code. The name or business name and address of the seller and the indication of his registration in the register provided for in Article L. 141-3 a 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 :
Before concluding the contract, the seller must provide the consumer with information on prices, dates and other 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 certification and its tourist classification corresponding to the regulations or customs of the host country;
3° The catering services offered;
4° The description of the itinerary in the case of a circuit;
5° Administrative and health formalities to be carried out 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 of, in particular, crossing borders and the time limits for their completion;
6° Visits, excursions and other services included in the package or possibly available for an additional charge;
7° The minimum or maximum size of the group allowing the trip or stay to take place and, if the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or stay; this date may not be set at 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 and the schedule for payment of the balance;
9° The terms and conditions for price adjustments as provided for in the contract pursuant to Article R. 211-8;
10° Cancellation conditions of a contractual nature;
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 an assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness;
13° Where the contract includes air transport services, the information, for each flight section, provided for in Articles R. 211-15 to R. 211-18.
Article R211-5 :
The prior information given to the consumer is binding on the seller, unless the seller has expressly reserved the right to modify certain elements of it. In this case, the seller must clearly indicate to what extent this modification may occur and on which elements.
In any event, changes to the prior information must be communicated to the consumer before the contract is concluded.
Article R211-6 :
The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which must be given to the buyer, and signed by both parties. Where the contract is concluded by electronic means, Articles 1125 to 1127-6, 1176 and 1177 of the Civil Code shall apply. The contract must include the following clauses:
1° The name and address of the seller, his guarantor and his insurer as well as the name and address of the organiser;
2° The destination or destinations 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, its level of comfort and its main characteristics and its tourist classification in accordance with 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 revision of this invoicing pursuant to 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 embarkation taxes in ports and airports, tourist taxes when they are not included in the price of the service or services provided;
10° The schedule and terms of payment of the price; the last payment made by the buyer may not be less than 30% of the price of the trip or stay and must be made when the documents enabling the trip or stay to be carried out are delivered;
11° The special conditions requested by the buyer and accepted by the seller;
12° The manner in which the buyer may lodge a complaint with the seller for non-performance or improper performance of the contract, which must be addressed as soon as possible, by any means making it possible to obtain an acknowledgement of receipt from the seller, and, where appropriate, notified in writing, to the tour operator 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 trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7° of Article R. 211-4;
14° Cancellation conditions of a contractual nature;
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 cover under the insurance contract covering the consequences of the seller's professional civil liability;
17° 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 information 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 a transfer of the contract 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 local representative of the seller or, failing that, the names, addresses and telephone numbers of local bodies likely to assist the consumer in the event of difficulties or, failing that, the telephone number making it possible to establish urgent contact with the seller;
b) For the travel and stay abroad of minors, a telephone number and an address to establish direct contact with the child or the person in charge of the child's stay;
20° The clause of termination and refund 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 due time before the beginning of the trip or stay, with the departure and arrival times.
Article R211-7 :
The buyer may assign his contract to an assignee who meets the same conditions as him to carry out the trip or stay, as long as this contract has not produced any effect.
Unless otherwise agreed in favour of the transferor, the transferor is required to inform the seller of his decision by any means necessary to obtain an acknowledgement of receipt at the latest seven days before the start of the journey. In the case of a cruise, this period is extended to fifteen days. This transfer is not subject, under any circumstances, to prior authorization by the seller
Article R211-8 :
Where the contract expressly provides for the possibility of revising the price, within the limits provided for in Article L. 211-12, it must specify the precise methods of calculating price changes, both upward and downward, and in particular the amount of transport costs and related taxes, the currency or currencies which may have an impact on the price of the trip or stay, the part of the price to which the change applies, the rate of the currency or currencies used as a reference when establishing the price indicated in the contract
Article R211-9 :
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 increase in the price and when he ignores the obligation to provide information mentioned in 13° of Article R. 211-4, the buyer may, without prejudice to any claims for compensation for any damage suffered, and after having been informed by the seller by any means enabling him to obtain an acknowledgement of receipt :
- either terminate his contract and obtain immediate reimbursement of the sums paid without penalty;
- either accept the modification or the alternative trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any amounts still due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the excess payment must be returned to him before the date of his departure.
Article 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 allowing him to obtain an acknowledgement of receipt; the buyer, without prejudice to any claims for compensation for any damage suffered, obtains from the seller an immediate refund and without penalty of the sums paid; in this case, the buyer receives compensation at least equal to the penalty he would have incurred if the cancellation had occurred on that date.
The provisions of this article shall in no way prevent the conclusion of an amicable agreement aimed at the acceptance, by the buyer, of an alternative trip or stay proposed by the seller.
Article R211-11 :
Where, after the buyer's departure, the seller is unable to provide a predominant share of the services provided for in the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudice to any claims for compensation for damage suffered:
- either offer services in replacement of the planned services, possibly bearing any additional cost 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 it is refused by the buyer for valid reasons, provide the buyer, without additional cost, with transport tickets to ensure his return under conditions that can be considered 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..