Petits Groupes / Entre amis © Petits Groupes / Entre amis

GENERAL CONDITIONS OF SALES


GENERAL CONDITIONS OF SALES

ARTICLE R211-3

Amended by Decree 2009-1650 of 23 December 2009 – Article 1

Without prejudice to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and any sale of travel and holiday services require the relevant documents to be
delivered, and which must comply with the rules set forth in this section.
In the case of the sale of tickets for air travel or the sale of tickets for travel on regular services not accompanied by services linked to the transport itself, the vendor provides the purchaser with one or more travel tickets for the entire journey, issued by the carrier or under its responsibility.
In the case of transport being provided on request, the name and address of the carrier on whose behalf the tickets have been issued, must be stated.
The separate invoicing of the various elements making up a tourist package does not release the vendor from any of their obligations as set forth in provisions of this section.

ARTICLE R211-3-1 E

Created by Decree 2009-1650 of 23 December 2009 – Article 1
The exchange of pre-contractual information or the provision of contractual conditions must be done in writing. This may be done electronically subject to the validity and procedural conditions provided for in Articles 1369-1 to 1369-11 of the civil code. The vendor’s name or company name and address must be stated, along with its commercial registry number, as provided for in Article L. 141-3, paragraph a. Alternatively, the name, address and registry details of the federation or union must be stated, as set forth in Article .

ARTICLE R211-4

Created by Decree 2009-1650 of 23 December 2009 – Article 1
Prior to the signing of the contract, the vendor must provide the purchaser with information about the prices, dates and other elements that make up the service provided for the journey or stay. These include:
1. The destination, means, characteristics and categories of transport used;
2. The type of accommodation, its location, its level of comfort and main characteristics, its accreditation and tourist ratings in accordance with the regulations or practices in the host
country;
3. The type of meal service that will be provided;
4. A description of the itinerary in the case of tours;
5. The administrative and health formalities to be carried out by those who are nationals of, or are coming from, another European Union Member State or a State that is a member of the European Economic Area, particularly where borders are to be crossed, and the time required for their fulfilment;
6. The visits, excursions and other services included in the package price or available at a supplement;
7. The minimum or maximum number of participants required for the journey or stay to go ahead, and where a minimum number of participants is required, the date by which the purchaser must be informed in the event of cancellation; this date may not be less than twentyone days prior to the departure date;
8. The amount or percentage of the price to be paid as a deposit at the time of booking and the schedule for payment of the balance;
9. The methods for revising prices as provided for in the contract, pursuant to Article R. 211-8;
10. The conditions for cancelling the contract;
11. The conditions for cancellation as set forth in Articles R. 211-9, R.211-10 and
R. 211-11.
12. Information about optional insurance providing cover for certain types of cancellation or assistance under certain circumstances such as repatriation in the case of accident or illness;
13. When the package includes the provision of air transport, the information about each leg of the journey as required under Articles R. 211-15 to R. 211-18.

ARTICLE R211-5

Amended by Decree 2009-1650 of 23 December 2009 – Article 1
The vendor is bound by any information it gives to the purchaser prior to the purchase, except where the vendor has expressly reserved the right to modify certain elements therein. In this case, the vendor must clearly state to what extent said modifications may be made and to which elements they may apply.In any event, before signing the contract, the purchaser must be informed of any changes made to the information that was provided initially.

ARTICLE R211-6

Amended by Decree 2009-1650 of 23 December 2009 – Article 1
The contract between the vendor and the purchaser must be made in writing, in duplicate, and signed by both parties. One of the copies shall be given to the purchaser. In the case of contracts signed electronically, Articles 1369-1 to 1369-11 of the civil code apply. The contract must contain the following clauses:
1. The name and address of the vendor, its guarantor and its insurer, and the name and address of the organiser;
2. The destination(s) and, where the package includes stays in more than one place, the different periods and dates;
3. The means, characteristics and categories of the transport used, and the dates and places of departure and return;
4. The type of accommodation, its location, its level of comfort and main characteristics, and its tourist rating in accordance with the regulations or practices in the host country;
5. The type of meal service that will be provided;
6. The itinerary, in the case of tours;
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 and information about any revision to said price as a result of the provisions of Article R. 211-8;
9. An indication, where applicable, of any charges or taxes associated with certain services, such as landing fees, arrival tax or boarding tax in ports and airports, or tourist taxes where these are not included in the price of the service(s) provided;
10. The schedule and methods of payment; the final payment made by the purchaser may not be less than 30% of the price paid for the journey or stay and must be made when the purchaser is issued with the tickets and other documents for the journey or stay;
11. The specific conditions requested by the purchaser and accepted by the vendor;
12. The procedures by which the purchaser can make a claim against the vendor for failure to perform or for inadequate performance of the contract; such claims must be made as quickly as possible, by any means that enable the purchaser to verify receipt by the vendor, and, alternatively, made in writing to the tour organiser and service provider in question;
13. The date by which the vendor must inform the purchaser of the cancellation of the journey or stay in those cases where a minimum number of participants is required for it to go ahead, pursuant to Article R. 211-4, paragraph 7;
14. The conditions for cancellation of the contract;
15. The conditions for cancellation provided for in Articles R. 211-9, R.211-10 and R. 211-11;
16. Details of the risks covered and the amount guaranteed under the terms of the vendor’s civil and professional liability insurance policy;
17. Details of the insurance policy taken out by the purchaser to cover the consequences of cancellation in certain circumstances (policy number and name of the insurer), as well as the details of the policy providing assistance under certain circumstances, in particular repatriation costs in the event of an accident or illness; in such cases, the vendor must provide the purchaser with a document that outlines, at least, the risks covered and those excluded;
18. The date by which the purchaser must inform the vendor if they intend to transfer the contract to someone else;
19. A commitment to provide the purchaser with the following information no later than ten days prior to the planned departure date:
a) The name, address and phone number of the vendor’s local representative or, alternatively, the names, addresses and phone numbers of local organisations capable of assisting the purchaser in the event of difficulty or, alternatively, a phone number where the vendor can be reached in case of emergency;
b) In the case of minors travelling and staying abroad, a phone number and an address enabling direct contact to be made either with the child or the group leader at the place where the child
is staying;
20. A clause providing for termination of the contract and reimbursement of all monies paid by the purchaser in the event of failure to meet the obligatory information requirements provided for in Article R. 211-4, paragraph 13.
21. A commitment by the vendor to provide the purchaser with details of the departure and arrival times, in timely fashion prior to the start of the journey or stay.

ARTICLE R211-7 T

Amended by Decree 2009-1650 of 23 December 2009 – Article 1
The purchaser may transfer the contract to another party who meets the same conditions as the purchaser so that said party may travel or stay in the purchaser’s place, as long as the contract has not yet come into effect. Except where expressly stipulated to the contrary, the purchaser transferring a contract is required to inform the vendor of its decision by any means enabling receipt to be verified, no later than seven days before the start date of the journey. In the case of cruises, the notice given must not be less than 15 days. Under no circumstance shall the vendor’s prior authorisation be required for such a transfer.

ARTICLE R211-8

Amended by Decree 2009-1650 of 23 December 2009 – Article 1
If the contract expressly provides for the possibility of revising the price, and subject to the provisions of Article L. 211-12, it must stipulate the precise methods for calculating any upward or downward variation in price and, in particular, the value of the related transport charges and taxes, the currency or currencies that may affect the price of the journey or stay, the portion of the price to which the variation applies, and the exchange rate(s) being used as a reference when establishing the price that appears in the contract.

ARTICLE R211-9

Amended by Decree 2009-1650 of 23 December 2009 – Article 1
In the event that, prior to the purchaser’s departure, the vendor is forced to modify one of the core elements of the contract, such as a significant price increase, and disregards the obligation
to inform the purchaser as required under Article R. 211-4, paragraph 13, the purchaser may, without prejudice to their right to seek redress for any damages, and having been informed of the change by the vendor using any means enabling verification of receipt:
• either terminate the contract and receive a full and immediate refund of all monies paid;
• or accept the change or alternative package offered by the vendor; in this case, an addendum to the contract, stipulating the changes, must be signed by both parties; any price decrease is to be deducted from any monies still owed by the purchaser or, if the payment already made by the purchaser exceeds the price of the modified service, the excess amount must be refunded to the purchaser prior to departure.

ARTICLE R211-10

Amended by Decree 2009-1650 of 23 December 2009 – Article 1
If, prior to the purchaser’s departure, the vendor cancels the journey or stay under the circumstances provided for in Article L. 211-14, the vendor must inform the purchaser by any means enabling verification of receipt; without prejudice to their right to seek redress for any damages, the purchaser shall receive a full and immediate refund of all monies paid; in this case, the purchaser receives compensation that is at least equal to the penalty that would have been due if the cancellation had been made by the purchaser on the same date. The provisions of this article in no way prevent the parties from reaching an amicable agreement under which the purchaser accepts the alternative journey or stay offered by the vendor.

ARTICLE R211-11

In the event that, following the purchaser’s departure, the vendor is unable to provide a significant part of the services set forth in the contract, and which represents a substantial percentage of the price paid by the purchaser, the vendor must immediately take the following steps, without prejudice to the right to seek redress for any damages:
• either offer alternative services in lieu of the agreed services, covering any additional costs involved, and, in the event that the services accepted by the purchaser are inferior in quality,
refunding the difference in price upon the purchaser’s return;
• or, if the vendor is unable to offer any alternative services or if the purchaser refuses to accept the alternative for valid reasons, provide the purchaser, at no extra cost, with the means to return to the departure location, or any other location which is acceptable to both parties, in conditions deemed to be equivalent to those of the services originally booked.

The provisions of this article are applicable in the event of failure to respect the obligation set forth in Article R.211-4, paragraph 13.

SPECIFIC TERMS AND CONDITIONS OF SALE

MONTPELLIER TOURIST OFFICE
Association loi 1901 (agrément n° 034 09 0001)
Place de la Comédie - 30, Allée Jean de Lattre de Tassigny
34000 MONTPELLIER
Pursuant to the law of 22 July 2009, the Tourist Office may sell tourist, leisure and accommodation services of general interest within its area of intervention. It makes things easier for the public by offering a variety of services.

ARTICLE 1: GENERAL INFORMATION
These General Terms and Conditions are issued along with the quotation, which describes the specific services and prices, prior to the signing of the booking contract.
Together, they constitute the prior written information that the TOURIST OFFICE is duty-bound to provide. By agreeing to the quotation, the customer is deemed to be agreeing to these general terms and conditions.

ARTICLE 2: BOOKING CONDITIONS
2.1: REGISTRATION
GUIDED TOURS, HALF-DAYS AND FULL DAYS
Bookings may be made from 10 am to 6 pm, Monday to Friday.
Bookings are registered upon receipt of a valid quotation:
• properly dated / signed and bearing the remark ‘As per Agreement’;
• accompanied by a deposit of 30% of the total cost of the services booked, including any applicable taxes.
If the booking is made less than 30 days prior to the start date of the stay, the full amount is due at the time of booking.
In the event that quotations are returned after the expiry date, the offer may be withdrawn.

A second guide must be hired (except under special circumstances), for:

• groups of more than 30 people, for guided tours of Montpellier;
• excursions operating with more than one coach.

STAYS
Bookings may be made from 10 am to 6 pm, Monday to Friday.
Bookings are registered upon receipt of a valid quotation:
• properly dated / signed and bearing the remark ‘As per Agreement’;
• accompanied by a deposit of 50% of the total cost of the services booked, including any
applicable taxes.
If the booking is made less than 45 days before the start date of the stay, the full amount is due at the time of booking.
In the event that quotations are returned after the expiry date, the offer may be withdrawn.
A second guide must be hired (except under special circumstances), for:
• groups of more than 30 people, for guided tours of Montpellier;
• excursions operating with more than one coach.

2.2: CONFIRMATION / PAYMENT OF BALANCE
GUIDED TOURS, HALF-DAYS AND FULL DAYS
The booking is considered firm and final upon receipt of the contract of sale:
• no later than 30 days prior to the start of the service;
• properly dated / signed and bearing the remark ‘As per Agreement’;
• accompanied by the total cost of the services booked, including any applicable taxes.
The exact number of participants must be confirmed no later than eight business days (i.e. excluding Saturdays, Sundays and public holidays) before the start date of the service to be provided.

STAYS
The booking is considered firm and final upon receipt of the contract of sale:
• no later than 45 days prior to the start of the service;
• properly dated / signed and bearing the remark ‘As per Agreement’;
• accompanied by the total cost of the services booked, including any applicable taxes.
The provisional list of participants per type of room must be sent no later than eight business days before the start date of the service to be provided.

ARTICLE 3: CANCELLATION CHARGES AND CONDITIONS
GUIDED TOURS, HALF-DAYS AND FULL DAYS
Cancellation requests must always be made in writing:
• If a booking is cancelled between 30 and 15 business days inclusive (i.e. excluding Saturdays,
Sundays and public holidays) prior to the start date of the service: full refund;
• If a booking is cancelled between 14 and 8 business days inclusive (i.e. excluding Saturdays, Sundays and public holidays) prior to the start date of the service: 30% of the price is forfeited to cover administration costs;
• If a booking is cancelled between 7 and 0 business days (i.e. excluding Saturdays, Sundays and public holidays) prior to the start date of the service: the full amount is forfeited.

STAYS
Cancellation requests must always be made in writing:
• If a booking is cancelled more than 45 days before the start date of the service to be provided: 25% of the total price including tax will be forfeited to cover administration costs;
• If a booking is cancelled between 45 and 8 business days (i.e. excluding Saturdays, Sundays and public holidays) prior to the start date of the service: 50% of the price is forfeited to cover administration costs;
• If a booking is cancelled less than 8 business days (i.e. excluding Saturdays, Sundays and public holidays) prior to the start date of the service: the full amount is forfeited.

GUIDED TOURS, HALF-DAYS AND FULL DAYS AND STAYS
No-shows (i.e. services not cancelled in advance) will be charged to the customer at full cost.
A change in the dates of the group’s stay is considered as a cancellation and the relevant cancellation charges will apply.
No refunds will be given in the case of stays which are interrupted or curtailed at the customer’s initiative, for whatever reason.
We suggest that customers take out cancellation insurance with their preferred insurance company.

ARTICLE 4: LATE ARRIVALS

IN THE EVENT OF LATE ARRIVAL OF THE GROUP, PLEASE ADVISE:

• during office hours: our groups department on +33 (0)4 67 60 19 19 / 30;
• at weekends and on public holidays: the guide (contact details will be provided in the contract of sale).

GUIDED TOURS, HALF-DAYS AND FULL DAYS

The guide will wait for the group for up to one hour and the length of the tour will be shortened in accordance with the length of the delay.
However, if the group extends their tour beyond the pre-established finishing time, as agreed with the guide and subject to his/her availability, at least one additional hour will be invoiced and an ‘extra hour contract’ will have to be signed.
After a one-hour wait with no news of the group, the guide will cease to be at the group’s disposal and the full cost of the tour will be charged.

ARTICLE 5: PRICES / METHODS OF PAYMENT
Our prices are inclusive of all applicable taxes. VAT is included at the prevailing rate on the date of booking.
Group rates are calculated on demand and will be specified in a quotation which will constitute the specific terms and conditions of sale.
METHODS OF PAYMENT:
• cash;
• bank cheque, crossed and made payable to the ‘Office de Tourisme de Montpellier’;
• credit or debit card (in person or remotely);
• bank transfer;
• purchase orders are accepted from schools and French government departments.
Bank charges applicable to payments of invoices and deposits are the customer’s responsibility.

ARTICLE 6: CONFERENCE GUIDES, TRANSPORT
• Guiding services are provided by Ministry of Tourism qualified guide-interpreters.
• If the guide is required to travel to departure and/or arrival points outside Montpellier, their travel costs are the customer’s responsibility.
• For full-day services, the guide’s meal is the customer’s responsibility. Alternatively, if the guide does not dine with the group, he/she must be paid a meal allowance of € 18 including tax.

ARTICLE 7: CHANGES OR CANCELLATION BY THE TOURIST OFFICE
7-1: The Tourist Office reserves the right to change the programme and the order of the tours if necessary. Said changes will not constitute a major change to the contract, specifically its nature, value, date or length of the service to be provided.
7-2: The Montpellier Tourist Office reserves the right to cancel any booking if obliged to do so for reasons of force majeure and others beyond its control, including but not limited to: industrial action, fire, bad weather, blocked access, etc.
Should this occur, the Tourist Office will suggest an alternative date for the tour or a full refund of the monies already paid by the customer, who is entitled to accept or refuse. No other compensation will be payable in these circumstances.

ARTICLE 8: LIABILITY
Montpellier Tourist Office offers services for which it is the sole intermediary and takes responsibility for the performance of the obligations arising from these terms and conditions of
sale. Montpellier Tourist Office declines liability in the event of failure to perform or inadequate performance of said obligations due to: reasons imputable to the purchaser; unforeseen and insurmountable reasons; the acts of a third party not belonging to the organisation; the supply and processing of the services contracted, i.e. in circumstances of force majeure.
In its capacity as service provider, Montpellier Tourist Office is free to choose its partners as it deems fit.

ARTICLE 9: DISPUTES
All complaints must be sent to the Tourist Office by registered letter within three days of the start of the service.

ARTICLE 10: PERSONAL DETAILS
TOUR OPERATOR AND TRAVEL AGENCY NUMBER IM034110012
Pursuant to the Data Protection Act of 6 January 1978, amended by Law 2004-801 of 6 August 2004, you are informed that the information we gather from you is essential for the processing of your booking. You have the right to access, modify, rectify and delete any personal data concerning you.

If you wish to exercise this right, please send us an e-mail to the following address: groupes@ot-montpellier.fr. We can assure you that the information we gather is considered
confidential and will not be passed on to third parties other than those who will be providing the services booked, and for the sole purpose of processing your booking.

Follow us