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GENERAL TERMS AND CONDITIONS Télécharger les CGV

1. INTRODUCTION

« Novela » is a French and international trademark registered under the numbers 3881671 and 1118504.

Novela Travel is an independent Tour Operator based in Paris (called hereafter « Novela Cuba »).

Simplified joint stock company - APE 7911Z - Capital 40.000 Euros

Travel agency license n° IM075110070 delivered by the Prefecture of Paris.

Financial Guarantee: APST - 15 avenue Carnot – 75017 Paris

Professional Liability Insurance: Hiscox France 19, rue Louis le Grand – 75002 Paris.

Any reservation made on www.novelacuba.com suppose acceptance of these general terms and conditions (called hereafter « CGV »).

2. RATES

Reservations are payable in advance via our secure online payment system.

Novela Cuba regularly updates its rates and may revise its prices without prior notice under the conditions mentioned below.

In order to take into account the rates of our various providers and the currency rate, price adjustments can be made between the estimate and the confirmation of the reservation. In that case, you will be previously advised. The applicable rate is therefore the one submitted by Novela Cuba at the time of reservation and later reported on the invoice.

Our partner provider sets the rate indicated on estimates. Since the provider can change the rate at any time, we recommend that you make your reservation as soon as you receive the estimate. Novela Cuba is not required to honor an estimate at a later date if a reservation was not made.

As soon as the payment is completed, the price of the service is frozen and guaranteed and shall no longer be changed by Novela Cuba, even in case of currency rate fluctuations. Once full payment is completed, Novela Cuba is not required to change the rates that were paid, even if other promotional offers become available.

3. PAYMENT PROCEDURES

The amount of the booking is paid at the time of reservation and after the provider has confirmed the availability.

Accepted means of payment: International Credit Card (Visa, MasterCard), cheques issued by French banks and cash, directly at the Paris office and within the limits laid down in Article D 112-3 of the Monetary and Financial Code.

Regarding online bookings, payment is made by credit card. The customer shall provide his credit card details to Novela Cuba.

The amount of the reservation will only be charged once the availability is confirmed by the provider. In case of non-availability, the customer’s credit card won’t be charged.

Novela Cuba will confirm the booking to the customer by issuing a voucher.

As soon as the payment is completed, Novela Cuba sends an invoice to the customer.

4. APPLICABLE LAW

These general terms and conditions are subject to French law.

In case of disputes regarding the execution of a service performed by Novela Cuba, in the context of a relation between professionals, the jurisdiction will fall under the courts of Paris. This clause is not applicable to individuals.

5. PRIVACY POLICY AND PROTECTION

5.1. Personal data collection

Concerned about your private life and the protection of the information submitted, Novela Cuba operates under the declared legislation regarding the protection of private life. Some of the information we ask for are essential for processing your order (these are marked with an asterisk), others are optional and collected with the intention of better satisfying your needs. They may be transmitted to our providers (car hirers, hoteliers…) for the purpose of your order.

If you don’t supply the mandatory information, we will not be able to process your request.

All the personal data collected on this form are stored by Novela Cuba in a computerized file in order to book the requested services and to issue the necessary documents for your stay in Cuba.

Besides, your data may be used to send you commercial or promotional offers from Novela Cuba.

You can choose to no longer receive these offers, at any time, by clicking on the link at the bottom of each of our emails.

5.2. Rights of Access and Objection

In accordance with Article 34 of the Law n°78.17 dated January 06, 1978, called the Electronic and Freedom Law, you have the right to access, modify, correct or cancel your personal data. You can exercise such right by sending an email to info@novelacuba.com or a letter to:

Novela Travel

14 Rue des Minimes 75003 Paris – France

If you exercise your right to opposition before the end of the service, Novela Cuba won’t be able to guarantee the completion of the said service.

In accordance with Article 40-1-II of the law called the Electronic and Freedom Law, you can submit to Novela Cuba directives about your personal data retention, deletion and communication after your death.

In accordance with Article L121-34 of the Consumer Code, we remind you that you have the right to sign up on the opposition telephone marketing list from Bloctel http://www.bloctel.gouv.fr/.

5.3. Personal data retention

Novela Cuba commit itself to not save its clients’ personal data beyond the necessary time to process the booking, except to send them promotional or commercial offers for services similar to those already provided by Novela Cuba. In case the client doesn’t respond to any solicitation 3 years after the last contact, Novela Cuba undertakes to erase all information about him.

Novela Cuba ensures that all the data relating to credit cards are deleted as soon as the transaction is completed.

Personal data relating to a non-client prospect will be stored during 3 years as of the time they have been collected.

6. CAR RENTAL BOOKING CONDITIONS

6.1. Rate

• The rate includes

A package for the number of days reserved (on the basis of 24-hour units) with unlimited or limited mileage, according to conditions mentioned on the estimate.

The informations relating to the vehicle’s capacity (number of passengers, number of luggage…) are indicative; they vary according to the passengers’ height and luggage’s size. In no event shall Novela Cuba be considered liable.

• The rate does not include

- Fuel

- Mandatory insurance

- Accessories (baby seat, child seat) which cannot be guaranteed at the time of booking

- Airport taxes when the car is picked-up or dropped-off at the airport

- Abandonment fees also referred to as drop off fees

- Additional driver

- Deposit (The deposit will be fully refunded at the time of the vehicle’s return, provided that it is in the same condition as when it was picked-up)

- The provider will apply a penalty fee for delays in pick-up/return, and the amount of such will be mentioned in the hire contract,

- The amount of the excess charged by the provider in the event of an accident or damage to the vehicle, with or without a known third party, even if you took out the Reimbursement of the Excess Option

- The amount of fines and other contraventions

- Damage Waiver Insurance

You can check the amount of the additional fees during your online reservation by referring to the rate description (“more details” button). These are also reported on the voucher. These are indicative rates as the providers can change these prices without prior notice. These fees are to be paid directly to the provider.

• Drop off fees

If you return the vehicle in a different location (airport/ city center) or city than the one where the vehicle was initially picked-up, an additional fee called “abandonment fee” (or drop off fee) will be charged by the car rental company at the time of drop-off. The amount of the abandonment fees will be indicated at the time of reservation on our website, in the section titled « to pay in Cuba ».

Please note: this amount will be indicative as the provider may revise drop-off fees without prior notice.

• Fines and violations

The client is liable for all fines, fees in association with violations, verbal proceedings and any customs-related pursuit that may arise. Fines must be paid directly to the provider by Credit Card at the time of the vehicle’s return.

6.2. Documentation

The reserved vehicle will only be delivered once the following documents have been submitted:

› The voucher issued by Novela Cuba,

› The original and valid driver's license of the main driver and any additional drivers (photocopies are not accepted). The provider may request that the driver has had their license for a minimum amount of time: one or two years depending of the selected car rental company. It is not necessary to supply an international driving license.

› The passport of the main driver and any additional drivers,

› An international credit card with the same first and last name of the main driver, with sufficient limits to cover the excess in case of damage or theft. Maestro, Electron and American Express credit cards are not accepted by car rental companies.

Conditions of Driving License Holding :

• Vehicle rented with Cubacar

Valid driving license for 2 years and being at least aged 21 years old

• Vehicle rented with Gaviota

Valid driving license for 1 year and being at least aged 21 years old

Cubans are required to be in possession of a valid driving license at least 2 year old and be at least aged 21 years old.

• Vehicle rented with Rex

For all categories except the Sport one: valid driving license for 2 years and being at least aged 21 years old.

For the Sport category: valid driving license for 2 years and being at least aged 25 years old.

If those documents are not submitted to the provider or if the provider's conditions are not respected at the time of the vehicle’s pick-up, the provider reserves the right to not complete the reservation. Novela Cuba assumes no responsibility and will not issue compensation.

6.3. Deposit

The provider retains a deposit on the driver’s international credit card (VISA, MASTERCARD) at the time of the vehicle pick-up. The deposit can also be paid in cash. Cheques, traveller cheques, MAESTRO and ELECTRON credit cards are not accepted. The deposit will be fully returned once the vehicle is returned, provided it is in the same condition as when it was picked-up. We recommend to make sure that your international credit card authorizes deposit payments. This amount is based on the excess needed in case of damage incurred to the rented vehicle, on the daily rental rates and the value of a full tank of gas.

The deposit is not included in the car rental rate.

Novela Cuba will not be held responsible if the customer fails to follow the aforementioned guidelines, which could result in the cancellation of the reservation. The credit card holder is then responsible for taking the necessary action to ensure the credit card has a sufficient limit to cover the excess in case of damage or theft.

6.4. Agreement with the provider

The prepaid rental voucher issued by Novela Cuba does not constitute the rental contract. However, no change is possible (duration, type of vehicle).

The rental agreement is concluded between the customer and the provider at the time of the vehicle pick-up. It is subjected to the legislations of the country of pick-up and is valid for the duration of the rental. The contract includes the provider's rental conditions as well as any additional fees (optionals, airport tax…) which are the responsibility of the customer.

Signing the contract confirms the customer’s acceptance of its terms. We recommend the customer to keep a copy of this contract.

Additional drivers must be mentioned in the provider's contract and they must be present at the time of pick-up. They must also have a valid driver's license and the same documents required for the main driver.

The customer and authorized drivers are responsible for the vehicle from the time of pick-up until the time of drop-off. If the customer does not follow these rental conditions, the provider reserves the right to terminate the agreement immediately, in which case neither the provider nor Novela Cuba are liable for reimbursement of the rental vehicle and/or any compensation. Novela Cuba will not be held responsible if the customer does not follow the conditions determined by the provider.

Please note!

The rental cannot be transferred to another person. The duration is specified and indicated on the rental voucher issued by Novela Cuba.

6.5. Vehicle pick-up

You must be present at the provider's location at the date and time indicated on the voucher. Generally, a 30-minute delay is accepted provided it is within the normal operating hours of the agency. Beyond this delay, the reservation is no longer guaranteed. Novela Cuba will not be held responsible and will not issue compensation.

Exceptional case : airline cancellation / delay :

Please note: in the case of a pick-up at the airport, we remind you that no compensation will be issued if you couldn’t pick the vehicle following an error from you regarding the submission of the informations such as flight number, flight schedule or airport’s name, or if your flight is cancelled by the airline or the airport authorities.

In the latter case, we highly recommend you to turn against the airline.

6.6. Late return penalty

If the vehicle is returned after the time indicated on the voucher, a fee will be charged by the provider, which can be equivalent to the provider's daily rental minimum plus tax.

6.7. Vehicle technical inspection

When it becomes necessary to proceed to the car’s technical inspection during the rental period, the car rental company may ask the customer to go to a Gaviota-affiliated garage to make the inspection. This inspection approximately lasts 1 hour.

If the customer doesn’t proceed to the technical inspection, a penalty of 50 CUC will be charged at the time of the vehicle’s return.

6.8. Insurance

Drivers must subscribe to the cuban insurance proposed by the car rental company. This insurance is unique and mandatory. It is not included in the rental’s rate.

It is up to the driver to read carefully the contract’s terms and conditions at the time of subscription and, if necessary, to take out any additional insurance.

Novela Cuba propose a damage waiver insurance (including breakdown/repair - towing expenses which are not covered by the car rental company) to the extent of 600€ of which a maximum of 150€ for repair/towing expenses.

This insurance is proposed by Mondial Assurance whose general terms and conditions are available on our website: https://www.novelacuba.com/media/auto/mondial_assistance_novelacuba.pdf

Please note: in case of road accident, the Cuban administration may open a judicial investigation. In such circumstances, the driver may be forced to remain on the Cuban territory in expectation of the completion of the investigation.

It is up to the driver to comply with the overall regulations applicable in Cuba. Novela Cuba will not be held responsible in case of damage suffered by the driver, passengers or third parties during the rental. It is up to the driver to take all steps necessary to get an insurance covering any accidents that may occur during his stay.

7. HOTELS & GUESTHOUSES BOOKING CONDITIONS

7.1. Rate

• The rate includes

Linen, the service mentioned on both the invoice and the voucher (type of room and what is included: breakfast, half-board, and so on...)

• The rate does not include

- Insurance (highly recommended) when you stay in a Bed & Breakfast

- Some hotels require additional payment for boat transfers (in cayo Levisa or Guama for example).

7.2. Booking Conditions

Hotel

- The specific applicable conditions will be specified by the Hotel.

- Check in/out: Usually 01PM for check in and 12PM for check out

- Hotel rooms in Cuba can accommodate a maximum of 3 people.

- Each guest staying in a hotel room must show their passports at reception desk upon arrival

- You must present the voucher issued by Novela Cuba

- You must comply with local legislation. For example, Cuban people cannot stay in Cayo Levisa, unless authorized by local authorities.

- You must arrive at the hotel at the date of the beginning of your reservation or advise of an eventual delay as otherwise your reservation may be cancelled by the hotel and Novela Cuba won't issue any compensation.

- Some hotels require additional payment for boat transfers (in cayo Levisa or Guama for example). This information features on the voucher.

Guesthouses

- The specific applicable conditions will be specified by the Guesthouse.

- Check in/out: Usually 01PM for check in and 12PM for check out

- Each guest must show their passports to the owner upon arrival

- Guesthouses in Cuba can accommodate a maximum of 4 people.

- You must present the voucher issued by Novela Cuba

- You must comply with local legislation. For example, Cuban people cannot stay in Cayo Levisa, unless authorized by local authorities.

- You must arrive at the guesthouse at the date of the beginning of your reservation or advise of an eventual delay as otherwise your reservation may be cancelled by the guesthouse and Novela Cuba won't issue any compensation.

- You must respect the propriety rules of the guesthouse (noise pollution, prostitution, …) The owner reserves the right to cancel your reservation if these rules are not followed and Novela Cuba won't issue any compensation.

- Insurance : Novela Cuba recalls that the guesthouse’s license number, which is delivered by the administration, guarantees on the territory of the Republic of Cuba, and in the absence of other national regulations, all security aspects of the guesthouses. Novela Cuba also draws the customer’s attention to the fact that there is no insurance on the territory of the Republic of Cuba and no organization other than the one issuing the license, now therefore the customer must ensure himself against all accidents that may arise during his stay.

7.3. Mobility impaired person

In Cuba, there are no specific rules ensuring the facilities’ accessibility to mobility impaired person.

Consequently, Novela Cuba cannot guarantee the rooms’ accessibility to disabled persons.

8. TOURIST CARD (VISA) SALES CONDITIONS

8.1. Tourist Card

- The tourist card gives you a 30-day stay permission in Cuba, upon the arrival date in Cuba. It can be renewed for 30 extra days in the tourist office of Cuban hotels.

- The tourist Card is valid 6 months as of the date of delivery. If not used within this time limit, the person wishing to go to Cuba shall purchase a new Tourist Card.

- Novela Cuba can deliver you the Tourist Card either in person at the office or by post. In the latter case, you will have to choose the type of postal dispatch (express or normal): Novela Cuba will not be held responsible in the event of a delay in the delivery.

- In case of collection at the agency, you will have to present the passports of each traveler and a copy of the airline tickets. In case of sending by post, you will have to indicate the nationality and the passport number of each traveler.

- The tourist card (or visa) is sold blank, it is up to the customer to fill it before making the check-in at the airport for the one-way flight to Cuba.

- Once you have the tourist card: please fill in both parts in capital letters, without making any crossing-out

- The tourist card is neither taken back nor exchanged

It is up to the customer to ensure that each passenger conforms to the above-mentioned formalities. The customer won’t be eligible for refund if one of the passengers couldn’t embark for lack of complying with these formalities.

Please note : Novela Cuba cannot deliver Tourist Card for passengers whose arrival flight to Cuba originates from the United States. The airline company has the exclusive right to supply the tourist card.

Please note : the Tourist Card does not guarantee entry to the country.

8.2. Conditions for obtaining the Tourist Card

- You must be a resident of the European Community and go to Cuba for tourism purpose

- You must be in possession of a valid passport.

8.3. Rate

The Tourist Card costs 27€ per unit. Postage is payable by the customer according to the amounts indicated during the booking process; those ones can vary according to postal dispatch (standard or express). Assuming that the customer wouldn’t have received the Tourist Card within 15 days after the booking, Novela Cuba commits itself to sending a second time the Tourist Card at its own expense, provided that that the mailing address was not modified. The return request must be addressed within a 45-day delay as of the time of booking. In case of change of address, the customer will have to pay again the full amount (Tourist Card + postage). Assuming that the client still didn’t receive the Tourist Card, Novela Cuba will not send the document a third time.

The customer can purchase Tourist Cards for several travelers provided he can supply all the necessary informations.

9. AIRLINE TICKET BOOKING CONDITIONS

9.1. Airline company

Novela Cuba books airline tickets from Air France.

Air France’s general and special conditions of transportation are available on its website: www.airfrance.fr

In accordance with the Warsaw Convention, any airline company is likely to modify, without prior notice, times and/or itinerary and/or departure and destination airports.

Should the customer decide to cancel his trip, the cancellation policy mentioned in the Article 11 of the present will be applicable.

9.2. Rate

Ticket prices are featured on the estimate.

Tickets are neither changeable nor refundable.

9.3. Air France tickets booking conditions

- Tickets cannot be booked online. The customer has to call Novela Cuba, that will make the booking after acceptance of the estimate by the customer.

- The customer must submit to Novela Cuba the first and last name as indicated on the passport of each passenger

- The customer must be at the airport 3 hours before departure with the necessary documents: passport, tourist card, assistance guarantee certificate, return ticket.

10. AIRPORT TRANSFER

Novela Cuba proposes to its clients transfers with professional drivers (taxi or bus) between Cuba’s main airports and city centers.

The rate includes:

- The service stated on the voucher,

- The fuel

Novela Cuba will not be held responsible if incidents occur during the transfer. Any claim shall be directly addressed to the driver.

11. CANCELLATION POLICY APPLICABLE IN CASE OF CANCELLATION BY THE CLIENT

11.1. Right of withdrawal

In accordance with Article L. 121-21-8 of the Consumer Code, the customer is not entitled to the right of withdrawal.

11.2. Cancellation policy

Cancellation requests must be sent in writing and addressed only to Novela Cuba, and not to the local provider, by email at info@novelacuba.com.

Except cancellation for cases of force majeure as defined by Article 1218 of the Civil Code, below are described the fees imputable to your refund in case of cancellation:

Car rentals, Hotels and Guesthouses:

Penalties:

For any cancellation occurring more than 30 days before the scheduled beginning date of the service: 10% fees

For any cancellation occurring between 30 and 4 days before the scheduled beginning date of the service: 30% fees

For any cancellation occurring less than 3 days before the scheduled beginning date of the service: 100% fees

Tourist card

Neither taken back nor exchanged. Neither Novela Cuba nor its insurer will refund postage and acquisition fees.

Air France ticket

In case of cancellation by the client, only airport taxes are refundable.

In case of amendment, fees are retained: please contact us.

12. RESPONSIBILITY

Novela Cuba will not be held personally or through its local providers responsible in case of non-performance or delay in the performance of its obligations under or by virtue of the booking, or of the means and conditions of undertaking, if non-performance or bad performance is imputable either to the customer or the unpredictable and insurmountable caused by a third party, or a case of force majeure as defined by Article 1218 of the Civil Code.

13. CHANGES AND/OR EXTENSIONS BEFORE ARRIVING IN CUBA

Any amendment request must be made to Novela Cuba by email at info@novelacuba.com

Please note: The provider reserves the right to refuse the change.

› If the provider accepts the change: the change will be effecvtive subject to price revision proposed by Novela Cuba in the form of an estimate. Upon acceptance of this new estimate by the client, a new rental voucher will be available for download and print from your customer profile. Only the new rental voucher is necessary to benefit from the amended service.

› If the provider refuses the change, the booking initial conditions remain valid, just like the voucher.

14. CHANGES AND/OR EXTENSIONS WHILE IN CUBA

No reimbursement will be provided by Novela Cuba in case of cancellation or amendment while in Cuba.

In the event of an early return of the car, only the daily insurance might be reimbursed by the car rental company.

15. CANCELLATION AND MODIFICATION MADE BY NOVELA CUBA

15.1. Cancellation:

Should the cancellation of the service be due to Novela Cuba and subject to Article 12 of the present, the customer will obtain the refund of the sums already paid as well as the payment, by Novela Cuba, of a compensation at least equal to the penalty that he would have endured should the cancellation be his own decision at this time. The provisions of this article do not impede the conclusion of a mutual agreement whose objects are the acceptance by the customer of a substitute transaction proposed by Novela Cuba.

Should the cancellation be due to a cause of force majeure as defined in Article 14 of the present, Novela’s guarantee and liability won’t be seeked and imposed.

15.2. Modification:

Before departure
Should Novela Cuba be compelled to modify an essential element of the service by impossibility of performance, Novela Cuba will immediately inform the customer by registered letter with acknowledgement of receipt and propose an alternate service that the customer has a right to accept or refuse. In case of refusal, the customer may obtain, without penalty, the immediate refund of the amounts paid, subject to Article 12 of the present.
After departure
Should Novela Cuba be compelled to modify an essential element of the service after departure, Novela Cuba will do so under the conditions provided for in Article R 211-11 of the Tourism Code.

16. INSURANCE

Novela Cuba has taken out professional and general liability insurance from Hiscox company. The purpose of this contract is to guarantee Novela Cuba from professional risks likely to arise in its capacity as a travel agency.

Novela Cuba does not offer a range of insurances to the customer for his trip. It is up to the client to subscribe personal insurances:

- Health insurance: each traveler must necessarily subscribe a health insurance cover. It is generally included in the credit card charges. A medical insurance may be requested at the airport of arrival. However if, for some extraordinary reason, a traveler was not insured, he will have to subscribe an insurance at the airport of arrival in Cuba;

- Car insurance: drivers must subscribe to the Cuban unique and mandatory insurance. It is up to the driver to take note of the contract’s conditions at the time of subscription and, if necessary, to subscribe any additional insurance. Novela Cuba proposes a damage waiver insurance (including breakdown/repair - towing expenses which are not covered by the car hirer) to the extent of 600€ of which a maximum of 150€ for repair/towing expenses. This insurance is provided by Mondial Assurance whose general terms and conditions are available on our website: https://www.novelacuba.com/media/auto/mondial_assistance_novelacuba.pdf

- Accomodation insurance: it is strongly recommended to subscribe an insurance against all accidents that may occur during the length of stay. If the license is delivered by the administration only to guesthouses meeting security standard, there is no insurance on the Cuban territory to compensate travelers from any damages they may endure.

17. CONDITIONS FOR ENTRY INTO CUBA FOR EU CITIZENS

Any European citizen is informed that the following documents are necessary to enter the Cuban territory:

- A valid passport for the duration of the stay

- A Tourist Card

- A medical insurance certificate

- A round-trip air ticket

The display of these documents does not guarantee entry into the Cuban territory.

18. EMERGENCY CONTACTS DURING THE STAY

In accordance with Article R 211-6 of the Tourism Code, contact details that may be needed in case of problems encountered during the stay in Cuba are featured on the voucher issued by Novela Cuba.

19. CLAIMS

Any official claim must be addressed in writing to Novela Cuba's customer service within 2 months of the end of the reservation.

The customer has to set up a file with the following elements:

› Explanation of the claim,

› In case of a car rental, the rental contract issued by the provider

These documents can also be submitted:

by email at info@novelacuba.com

or by post at the following address

Novela Travel

14 Rue des Minimes 75003 Paris- France

In cases of dispute, the customer can appeal to a conventional mediation procedure or to any other alternative mode of settlement of disputes.

The customer can submit the case to the following consumer mediator: MTV Médiation Tourisme Voyage BP 80 303 - 75 823 Paris Cedex 17 - www.mtv.travel.

APPENDIX

In accordance with Article R211-12 of the Tourism Code, articles R.211-3 to R.211.-11 from the Tourism Code are reproduced below:

Article R211-3:

Subject to the exclusions set out in the third and fourth paragraphs of the Article L.211-7, any offer and sale of travel arrangements or stays give rise to the issue of appropriate documents meeting rules defined par the present section.

In case of sales of air travel tickets or regular service tickets without services linked to these transportation, the seller delivers to the buyer one or several passenger tickets for the entire journey, issued by the airline company or under his responsibility. In case of transport on demand, the name and address of the airline company, on whose behalf tickets are issued, shall be mentioned.

The separate invoicing of several elements of a same touristic package does not shield the seller from his obligations by regulatory provisions of the present section.

Article R211-3-1:

The exchange of pre-contractual informations or the provision of contractual terms and conditions are made by writing. They can be made electronically within the conditions of validity and exercise provided for in articles 1125 to 1127-6, 1176 and 1177 of the Civil Code. Are mentioned the seller’s name or business name, address as well as its registration under the register provided for in Article L.141-3 or, if necessary, the name, address and registration of the federation or union mentioned in the second paragraph of Article R.211-2

Article R211-4:

Before the conclusion of the contract, the seller must pass on to the buyer informations about rates, dates and other constituents of services provided on the occasion of the trip or stay such as:

1° The destination, means, characteristics and categories of transport to be used;

2° The type of accommodation, its location, degree of comfort and its mean features, its approval and tourist classification under the rules of the host country;

3° The catering facilities available;

4° A description of the itinerary when it concerns a tour;

5° The administrative and health formalities to be performed by the home-base or by the citizens of another State member of the European Union or of a State party to the agreement about European Economic Area in case, in particular, of border crossing as well as their time-frame for completion;

6° The visits, excursions and other services included in the package or possibly available at an additional cost;

7° The minimum or maximum group size allowing the journey or stay completion as well as, if the journey or stay completion is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation; this date cannot be set of less than twenty-one days before the departure;

8° The amount or percentage of the price which is to be paid on account when concluding the contract and the timetable for payment of the balance;

9° The methods of price adjustment as provided by the contract in accordance with Article R.211-8;

10° The cancellation policy which has contractual nature;

11° The cancellation policy set out in Articles R. 211-9, R. 211-10 et R. 211-11;

12° The information regarding the optional conclusion of an insurance policy covering the consequences of some cancellation cases or of an assistance policy covering some special risks, in particular repatriation in the event of accident or illness;

13° When the contract includes air transport services, the information, for each flight leg, in accordance with Articles R.211-15 to R.211-18.

Article R211-5:

The prior information supplied to the customer commits the seller, unless he specifically reserves the right to modify some elements of the information. The seller must, in that instance, clearly indicate to what extent this change may take place and on what elements.

In any event, changes made to prior information shall be notified to the consumer before the conclusion of the contract.

Article R211-6:

The contract between seller and buyer must be written, drawn up in two copies one of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, it shall invoke articles 1125 to 1127-6, 1176 and 1177 of the Civil Code. The contract shall 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 organizer;

2° The travel destination(s) and, where periods of stay are involved, the relevant periods with dates;

3° The means, characteristics and categories of transport to be used, the dates and points of departure and return;

4° The type of accommodation, its location, degree of comfort and its main features and its tourist classification under the rules of the host country;

5° The catering facilities available;

6° A description of the itinerary when it concerns a tour;

7° The visits, excursions or other services included in the total price of the journey or stay ;

8° The total price of the services invoiced as well as the indication of any possible revision of this invoice under the provisions of Article R.211-8;

9° Whether fees or taxes chargeable for certain services such as landing taxes or embarkation or disembarkation fees at ports and airports, tourist taxes, are included or not in the rate of the services provided;

10° The payment schedule and method of payment; the final payment paid by the buyer shall not be less than 30% of the cost of the trip or the stay and shall be made when the documents enabling the realization of the journey or stay are handed out;

11° The specific conditions asked by the buyer and accepted by the seller;

12° The ways in which the buyer can submit a claim to the seller in case of failure to perform or improper performance of the contract, claim that must be addressed as soon as possible, by any means capable of producing an acknowledgment of receipt to the seller, and if necessary, reported in writing to the organizer of the trip and to the relevant service provider;

13° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller if the execution of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of Article R.211-4;

14° The cancellation policy which have contractual nature;

15° The cancellation policy under articles R.211-9, R. 211-10 et R. 211-11;

16° Details relating to risks covered and amount of guarantees under the insurance contract covering the consequences of the seller’s civil and professional liability;

17° Indications relating to the insurance contract covering consequences of some cancellation cases subscribed by the buyer (policy number and insurance company’s name) as well as indications relating to assistance contract covering some particular cases, in particular, repatriation in the event of accident or illness; in this case, the seller has to give the buyer a document outlining at least the covered and excluded risks;

18° The deadline for informing the seller in case of contract termination by the buyer;

19° The commitment to provide to the buyer, at least ten days before his scheduled departure date, the following informations:

a) The name, address and telephone number of the local representation of the seller or otherwise, the names, addresses and phone numbers of the local agencies which can provide assistance to the consumer or, otherwise, a dedicated line offering urgently a contact with the seller;

b) For journeys and stays of minors abroad, a telephone number and an address enabling direct contact to be established with the child or the person responsible at the child’s place of stay;

20° The termination clause and the no-penalty repayment clause of the sums paid by the buyer in case of non-fulfilment of the obligation to provide information under 13° of article R.211-4;

21° The commitment to provide the buyer, in due course before the beginning of the journey or the stay, with the departure and arrival times.

Article R211-7:

The buyer may assign his contract to a transferee provided the latter meets the same conditions as the tenant for the rental period, as long as this contract generated no effects.

In the absence of more favourable terms for the transferor, this one shall inform the seller about his decision by any means capable of receiving acknowledgment of receipt at least seven days prior to the starting date of the journey. When it concerns a cruise, this period shall be increased to fifteen days. This transfer is not subject to the seller’s prior authorization.

Article R211-8:

When the contract contains an explicit possibility of price adjustment, within the limits established by article L.211-12, it must state how the revised price is to be calculated, both when increasing or decreasing, the price changes, and in particular the cost of transport and related fees, the currency or currencies that may have an impact on the price of the journey or stay, the portion of the price for which the variation applies, the currency or currencies’ value used as a reference at the time of pricing described in the contract.

Article R211-9:

When, before the buyer’s departure, the seller finds himself obliged to make a change to one of the essential elements of the contract such as a significant increase in the price and when he misjudges the obligation to inform mentioned in 13° of article R.211-4, the buyer can, without prejudging the redresses for “any damage caused”, and after having been notified by the seller by any means capable of receiving acknowledgment of receipt:

-either terminate his contract and get, without penalty, the immediate refund of the amounts paid;

-or accept the modification or the alternative journey proposed by the seller; an amendment to the contract stating the modifications is then signed by both parties; any decrease in the price is deducted from the possible outstanding payments from the buyer and, if the payment already made by the latter exceeds the price of the adjusted service, the overpayment shall be returned to him before his departure date.

Article R211-10:

In the case provided for in article L.211-14, when, before the buyer’s departure, the seller cancels the journey or the stay, he shall inform the buyer by any means capable of receiving acknowledgment of receipt; the buyer, without prejudging the redresses for possible damages suffered, obtains from the seller the immediate refund, and without penalty, of the amounts paid; the buyer receives, in this case, a compensation at least equaling the penalty he’d had to pay if the cancellation had taken place by his own act at this date.

The provisions of this article will apply without prejudice to the conclusion of a mutual agreement whose object is the acceptance, by the buyer, of an alternative journey or stay proposed by the seller.

Article R211-11:

When, after the buyer’s departure, the seller is unable to provide a major share of the services required by the contract representing a significant percentage of the price honored by the buyer, the seller must immediately take the following steps, without prejudging the redresses for possible damages suffered:

-either offering services in place of planned services supporting any possible extra charges and, if the services accepted by the buyer are of inferior quality, the seller shall refund him, as soon as he returns, the price differential;

-or, if he is unable to offer alternative services or if those are refused by the buyer for valid reasons, supplying the buyer, without a surcharge, with tickets in order to secure his return under conditions that may be considered equivalent to the point of departure or to any other place accepted by both parties.

The provisions of this article are applicable in case of failure to fulfil obligation referred to in 13° of article R.211-4.

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