TERMS AND CONDITIONS OF ZIPPY TRAVEL COMPANY
Zippy Travel Company (hereinafter referred to as « the Company») is a travel agency whose activity is subject to the provisions of articles L. 211-1 and following of the Tourism Code. In the course of its business, it offers services mainly related to the following travel services: air transport; rail transport; housing; transfers; car rental.
The Company is a limited liability company with a capital of EUR 8,000, registered with the Bordeaux RCS under number 842 986 374, whose registered office is at 11, Allée Jeanty d'Armagnac - 33 950 Lege-Cap-Ferret (France).
The Company is registered with the French Travel Operators Atout France (Registration Certificate No. IM033180020 issued on December 4, 2018). Atout France is headquartered 79/81, Rue de Clichy - 75009 Paris (France) (tel: 01.42.96.70.00).
In accordance with the provisions of Article L.211-18 of the Tourism Code, the Company: (i) benefits from a financial guarantee from Groupama Credit & Surety Insurance; (ii) is insured with Hiscox under contract HSXPM310014833 dated December 4, 2018 under Professional Liability Insurance; and (iii) meets the requirements of professional competence required by this article for the purpose of exercising it in France.
The present terms and conditions of the Company (hereinafter referred to as the « Terms and Conditions ») are composed of the special Terms and conditions (hereinafter referred to as « Special Terms and Conditions ») and the general terms and conditions (hereinafter referred to as « GTC »).
SPECIAL TERMS AND CONDITIONS
The Company, as set forth in the general provisions hereof, offers services mainly related to the following travel services: air transport; rail transport; housing; transfers; car rental (hereinafter referred to as « Tourist Services »).
These Tourist Services are accessible via the Company's website: www.myzippy.fr(hereinafter referred to as the « Website »), under the conditions described below.
The purpose of these Special Terms and Conditions is to define the conditions for the reservation of Tourist Services, which are binding on the users of the Website (individuals for their personal journeys or companies, who have not regularized a framework contract with the Company for their business trips) (hereinafter referred to as the « Customer(s) »).
In this context, they define, among other things, the respective rights and obligations of the Customers, on the one hand, and the Company, on the other hand (hereinafter referred to individually as a « Stakeholder »or collectively as the « Stakeholders »).
The Special Terms and Conditions also specify the cancellation and reimbursement policy applied by the Company, the possible limitations of its liability towards Customers as well as certain information relating to Touristic Services as a whole (risks, administrative formalities and sanitary conditions, payment and participation conditions, etc.).
2. Contractual documents
Customers acknowledge that the booking of Tourist Services with the Company, as well as the conditions for participation in these Services, are exclusively governed by the contract concluded between the stakeholders at the time of said reservation (hereinafter referred to as « the Contract »), composed of the following contractual documents :
- the Terms and Conditions, composed of the General Terms and Conditions (GTC) and Special Terms and Conditions;
- the quotation (hereinafter referred to as the « Quotation ») communicated by the Company for the reservation of a Tourist Service stating the essential characteristics of the said Service, and more generally all the pre-contractual information provided for by the provisions of the L. 211-8, L. 211-9 and R. 211-4 of the Tourism Code, including the summary of the rights of the Customers, in accordance with the provisions of the decree of March 1st, 2018 fixing the model information form for the sale of trips and package holidays (where the option chosen by the Customer constitutes a tourist package) (hereinafter referred to as the « Summary of Customers' Rights ») (Annex 1 of the Terms and Conditions) ;
- the confirmation (hereinafter referred to as the « Confirmation ») of the reservation of a Tourist Service sent by the Company to its Customers, following the payment of the said Service, under the conditions described below.
3. Modification of the Special Terms and Conditions
The applicable Special Terms and Conditions are those in effect on the date of the reservation, as defined herein.
However, the Company may have to modify the Special Terms and Conditions at any time, without notice, provided it informs the Customers as soon as the modifications come into force by email and/or the publication of the modification on the Website.
The Company will update the Special Terms and Conditions by indicating the date of the last update at the top right of this document.
Any Customer who wishes to book a Tourist Service must accept the Special Terms and Conditions in their entirety, including the last update that has been notified to them. If the Customer does not agree with the Special Terms and Conditions in force, he cannot proceed to the booking of a Tourist Service offered by the Company.
4. Pre-contractual information
In accordance with Articles L. 211-8 and R. 211-4 of the Tourism Code, the Company informs the Customers by means of a Quotation, prior to the validation of their reservation, summarizing the main characteristics of the proposed services relating to transport and the stay, details of the organizer, price and terms of payment, conditions for cancellation and resolution of the reservation, information on insurance, border crossing conditions.
The Quotation is accompanied by a Summary of the rights of the Customers, corresponding to the relevant model, in accordance with the provisions of article 1 of the decree of March 1st, 2018 fixing the model information form for the sale of trips and stays (Appendix 1 of the Terms and Conditions).
In accordance with the provisions of article L. 211-9 of the Tourism Code, the pre-contractual information communicated to the Customers forms an integral part of the Contract and cannot be modified, unless the Stakeholders expressly agree otherwise.
The Company communicates to Customers all changes relating to pre-contractual information in a clear, understandable and apparent manner, prior to the conclusion of the Contract
4.2. Code of Consumption
In addition to the information referred to in section 5.1 hereof, and where these have not already been provided to the Customers, the Company provides the latter with its legal obligation of pre-contractual information, in a legible and comprehensible manner. , all the information referred to in Articles L. 111-1 to L. 115-33 and Article L. 221-5 of the Consumer Code, and in particular the following information :
- the essential characteristics of the good or service, considering the communication medium used and the good or service concerned;
- the price of the good or service, pursuant to Articles L. 112-1 to L. 112-4;
- in the absence of immediate performance of the contract, the date or the time at which the trader undertakes to deliver the goods or to perform the service;
- information relating to his identity, his postal, telephone and electronic contact details and his activities, insofar as they do not appear from the context;
- where applicable, information relating to legal warranties, the functionalities of the digital content and, where appropriate, its interoperability, the existence and implementation of warranties and other contractual conditions;
- the possibility of having recourse to the French Ombudsman (“mediator”) under the conditions provided for in Title I of Book VI;
- where there is no written contract, the trader makes available to the consumer or communicates to him, in a readable and understandable manner, additional information relating to his contact details, his service delivery activity and other contractual conditions, whose list and contents are fixed by decree in Council of State. The additional information which is communicated only at the request of the consumer is also specified by decree by le Conseil d’État);
- the fact that Customers can not exercise the right of withdrawal provided for in Article L. 221-18 of the Consumer Code, in accordance with the provisions of Article L. 221-28 of the French Consumer Code;
- the details of the contact details of the professional, where appropriate the costs of using the remote communication technique, the existence of codes of good conduct, where applicable the guarantees and warranties, the terms of termination, the methods of settling disputes and other contractual conditions, the list and content of which are laid down by decree of the Council of State.
5. Tourist Services
The Tourist Services provided by the Company cover the following travel services:
in the case of travel services relating to air transport:
- Issuing a ticket of little importance whether or not the ticket was subsequently used, modified, cancelled/refunded;
- the booking of a flight for which no ticket is issued by the Service Provider (for example in the case of low-cost flights);
- the cancellation of a reservation;
- the modification of a reservation;
in the case of travel services relating to rail transport:
- The issue of a train ticket (paper or electronic), whether or not the ticket was subsequently used, modified, cancelled/refunded;
- the cancellation of a reservation;
- the modification of a reservation;
in the case of travel services relating to housing:
- reservation of accommodation, whether or not the booking was subsequently used, modified, cancelled/refunded;
- the cancellation of a house reservation;
- the modification of a house reservation;
in the case of travel services relating to transfers:
- the reservation of a transfer (taxis, shuttle, etc.), regardless of whether the booking was subsequently used, modified, cancelled/refunded;
- the cancellation of a transfer reservation;
- the modification of a transfer reservation;
- in the case of travel services relating to car rental, the Service Provider directs the Customer to a partner company.
6. General information
6.1. Administrative and sanitary information
About security and risks
It’s strongly recommended to the Customer, in addition to the information that would be communicated to him for information by the Company, in the contractual documents, with regards to the administrative and sanitary formalities:
- to inquire about the destination of his trip to the competent authorities, such as the embassy or consulate concerned in France, or to the Ministry of Foreign Affairs, as well as the town hall for administrative formalities;
- to consult also the following official websites:
- for the administrative formalities, on the website of the Ministry of Foreign Affairs in France, the form of the country of destination; and in particular the following addresses:
- for health risks, the websites of the Ministry of Health and the World Health Organization (WHO) and the « Health » section of each country file of the Ministry of Foreign Affairs.
In addition, it is the sole responsibility of the Customer to follow all the recommendations issued, particularly in the event of a health risk, by the competent authorities in Europe and on the spot by organizations recognized in the health sector (such as WHO), or by the Company and/or other service providers, and to keep them informed on a day-to-day basis, to which they expressly agree in the context of the present.
About the administrative and health formalities
The Customer, duly informed by the Company as to the obligation to carry out the administrative procedures related to obtaining visas and/or to update his vaccines, is solely responsible for the successful completion of these steps.
If these steps are decisive for the participation in the Tourist Service, the Customer cannot turn against the Company, if it cannot participate in the said Benefit due to non-compliance with these procedures.
Thus, it is his responsibility to check and keep informed of the deadlines for obtaining visas and/or vaccines that are applicable in his particular case, in addition to the information provided to him in this regard by the Company for information purposes.
With regard to administrative formalities, before the beginning of any Tourist Service, it is up to the Participating Customer to check that he has an identity document (passport, national identity card in the event that it is sufficient), as well as any other specific administrative document that may be required (visa/ESTA, family record book, exit permit, etc.).
When the administrative formalities to be completed for the entry into one or more countries of the Tourist Service require a visa or any other type of authorization, the Company informs the nationals of French nationality to the contractual documents.
It is the responsibility of the French Customer to complete the formalities for obtaining visas or other authorizations from the competent authorities and at his own expense.
Persons of foreign nationality must inform themselves and inquire before undertaking a Tourist Service on the necessary administrative and health formalities, in particular, with the embassies or consulates competent.
The Customer is informed that all the aforementioned information may change at any time, until the day of departure, especially in case of health risk (such as an epidemic) or bad weather.
It is up to each Customer to check with the competent authorities that the information available to him is still valid and so to inform himself of the possible update of the administrative and/or sanitary formalities that he has to fulfil, until the day before of his departure.
Customers undertake to keep themselves informed and to respect all the information and recommendations referred to herein.
6.2. Transportation information
The Company communicates to its Customers the name of the airline, as well as indications relating to the flight (dates, times, etc.).
The Company undertakes to inform its Customers immediately in the event of changes to any of this information (in accordance with international air transport regulations, any air carrier may be required to modify without notice, in particular schedules and/or itinerary, as well as the airports of departure and destination).
The European list of airlines can be found on the following link:
In addition, ticket boarding fees are not refundable upon request in accordance with Article L. 224-66 of the Consumer Code.
In addition, it is stated that:
- the times of call are determined by the air carriers according to their flight plans and that they can be modified without this being able to constitute a ground of cancellation without expenses;
- in the event that the air carrier is not able to insure the theft of the Customer, despite its obligation to assist, the Company may have recourse to another air carrier, in order to make travel the said Customer in conditions comparable transport;
- the remote registration procedures may be carried out within the deadlines set by each air carrier according to the flights;
- the conditions of carriage, in particular the number of checked baggage and their maximum weight without supplement, of the air carrier are available on the website of said carrier;
- in the event of modifications by the air carrier, notably due to technical, climatic or political incidents, delays, cancellations or strikes outside the Company, additional stops, change of aircraft or routes if the Customer decides to give up his Tourist Service, the cancellation fees provided for in Article 10 hereof shall apply to him;
- in the event of delay in the carriage on departure or return of the trip and/or loss of luggage and/or refusal of embarkation and/or cancellation of flight by the air carrier, it is the Customer's right to assert his rights directly of the air carrier concerned, in accordance with the European regulations in force.
7. Steps of the reservation
7.1. Request and confirmation of Services
Request and confirmation « online »
The Company has developed an online booking application interface, which the Customer can access on the Website, to carry out its requests and confirmations of Tourist Services (hereinafter referred to as the « Online Booking Tool »).
To do this, first of all, the Customer connects to his online account, following the procedures provided for this purpose on the Website.
Then, the Customer formulates his requests by selecting one of the following options: FLIGHTS; HOTEL; FLIGHTS + HOTELS ; FLIGHTS + HOTELS + TAXIS ; CAR RENTAL.
Depending on the chosen option, the Customer will fill in all the requested fields and formally make his request by clicking on the « Make my request » button.
Applications are then transmitted to the Company; which will answer by putting online via its Booking Tool and more specifically via the Customer's account, on this Tool the Quotes related thereto.
Once the Customer has taken note of the Company's Quotation, it has the option of either requesting changes to the Quotation or confirming it by following the procedure provided for this purpose by the Company's Online Booking Tool.
This confirmation is subject to the payment of the travel services requested by the Customer, as well as the remuneration due to the Company in return for the provision of its services, the terms and conditions of payment of which are defined in Article 8.2 hereof.
Request and confirmation by email
The Customer sends an email to the Company detailing its request for Tourist Services.
Depending on the elements contained in this email, the Company:
- calls the Customer for clarification and sends him an email summary, including a Quotation, for confirmation of the requested Tourist Services;
- send a summary email directly to the Customer, including a Quotation, for confirmation of the requested Tourist Services.
The Customer confirms to the Company by return email, the elements contained in the summary email that was previously sent to him by the Company.
The Company then sends payment links corresponding to the confirmed requests of the Customer, in the conditions described above, so that it proceeds to their payment (in the conditions defined in Article 8.2 hereof), so that they are definitely validated. The said payment is considered as a final acceptance of the Customer of the said service.
7.2. Payment of Tourist Services
The regulations for confirmed requests for travel services and related Services can be made:
- online as follows:
- After the Customer has confirmed his/her request for travel service(s) and related Service(s), under the conditions defined above, he/she is redirected by the Company to a corresponding payment link.
- For travel services related to air transportation, this link refers to the payment interface of the Company's partner, namely the Cercle des Vacances.
- For other travel services, except for car rentals, this link refers to the payment interface of the Company.
- The Customer then proceeds to the online payment of his confirmed request, by credit card, by means of secure payment services, or by transfer.
- A corresponding invoice is then put online by the Company via its Booking Tool and more specifically available via the Customer's account;
- by bank transfer as follows:
- After the Customer has confirmed his/her request for the travel service(s) and corresponding Service(s), under the conditions defined above, a corresponding invoice is put online by the Company via its Booking Tool and more specifically available through the Customer's account.
- The Company's invoices are payable upon receipt, by bank transfer to the Company's account (the details of which will have been communicated to it beforehand), so that the Company can proceed as quickly as possible to the payment of the travel services requested by the Customer.
- Any delay in payment shall entail the application by operation of law and without prior notice of default interest calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 points of interest. percentage, as well as a lump-sum indemnity of EUR 40 for recovery costs, in accordance with the provisions of Article L. 441-6-I of the French Commercial Code.
- In addition, the Company does not carry out any « cash » advance on behalf of its Customers, in the event of an increase in the cost of the travel services between the moment of their validation by the Customer (under the previously defined conditions) and the receipt of the corresponding funds in the bank account of the Company, the latter reserves the right to request from the Customer, without prior approval of the latter, an additional price not exceeding 15% of the amount initially agreed upon between Stakeholders.
- If the increase in the cost of travel services validated by the Customer is greater than the 15% mentioned above, the Company will contact the Customer, to indicate it to him and that the latter confirms or not his agreement on the new tariff relating to his travel project.
After validating the payment of the booking, the Customer will receive a confirmation of payment from the email address previously entered by him.
Moreover, the Company sends to this same email address, within 24 to 48 hours from the validation of the payment of its reservation, the Confirmation (which summarizes all the features of the Tourist Service reserved).
8. Date of the reservation, date of the Tourist Service and effect of the present
The date of the reservation corresponds to the date of receipt of the Confirmation by the Customer, which is sent by the Company by email, after payment of the Tourist Service.
The date of the Touristic Service is the start date of the Tourist Service as indicated on the Quotation and confirmed in writing by the Company prior to departure, unless expressly modified in writing by the Company prior to departure in accordance with the present.
These Special Terms and Conditions take effect from the date of their acceptance by the Customer in accordance with the conditions provided for this purpose on the Website.
The prices of the Tourist Services are indicated to the Customer in euros and all taxes included and are payable under the same conditions.
The price applicable to the reservation of any Tourist Service is the all taxes included price indicated on the estimate sent by the Company to the Customer.
The price quoted on the Quote is without prejudice to any additional fees or costs that may be charged to the Customer, in terms of the selection of options or any additional or subsequent reservation that it would be required to make, or due to external circumstances that have the effect of modifying the price of the reservation, in accordance with these conditions. The Customer is informed of any additional costs that may be charged to him in a clear and legible manner, as well as the optional nature of these charges.
The total T.T.C. price indicated for the reservation of a Tourist Service is the price charged by the Company on the booking date (as defined herein).
10. Cancellation, termination of the reservation and refund
10.1. Before departure
Minor changes by the Company
The Company reserves the right to make minor changes to the Contract prior to departure.
The Company informs the Customer in writing, in a clear, understandable and conspicuous manner.
Amendments to: (i) an essential element of the Contract; (ii) the Customers’ failure to meet the Customer's requirements that the Company has accepted.
According to article R.211-9 of the Tourism Code, when the respect of one of the essential elements of the Contract is made impossible as a result of an external event which is imposed on the Company and/or when the Company cannot meet the requirements of the Customer accepted by the Company, the latter informs the Customer in writing as soon as possible:
- proposed changes and, if applicable, their impact on the price of the Tourist Service (up or down);
- the fact that the Customer must communicate to the Company, as soon as possible, its decision to accept the modifications or to terminate the Contract.
In the event of termination of the Contract, the Company shall refund all payments made by the Customer as soon as possible and in any case no later than fourteen (14) days after the termination of the Contract, without prejudice to compensation in application of Article L. 211-17 of the Tourism Code.
In case of acceptance of the proposed modifications, a contractual amendment detailing the modifications made to the Contract is then regularized between the Stakeholders.
It is specified that any reduction in the price of the Tourist Service is deducted from any sums remaining due by the Customer and, if the payment already made by the latter exceeds the price of the modified Tourist Benefit, the overpayment must be refunded to him. before the date of his departure.
Cancellation by the Company before departure
Pursuant to the provisions of Article L. 211-14 of the Tourism Code, the Company is entitled to terminate the Contract if the Company is prevented from performing the Contract due to exceptional and unavoidable circumstances and notifies the termination of the Contract to the Customer as soon as possible before the beginning of the Tourist Service.
In such circumstances, the Company will reimburse the Customer for the payments made, less the appropriate resolution fees, as soon as possible and in any event within fourteen (14) days of the termination of the Contract.
If the Company complies with the conditions regarding the period of notice in particular, it will not be held to additional compensation. Otherwise, this additional compensation that the Customer is likely to receive is at least equal to the penalty he would have incurred if the cancellation had been made by him on that date.
The foregoing provisions do not in any way prevent the conclusion of an amicable agreement between the Stakeholders having for object the acceptance by the Customer of a replacement trip or stay proposed by the Company.
Modification of the reservation by the Customer
In case of modification of one of the elements of the reservation by the Customer, it will be charged a price supplement without prejudice to any costs related to the modification of the reservation.
These costs depend on the Tourist Services booked by said Customer, their conditions are specified by the Company to the Customer directly via its Booking Tool and are more specifically available via the Customer's account (under the « My Reservations » tab).
Cancellation of the reservation by the Customer
In the event of cancellation of the reservation by the Customer, it will be charged reasonable standard termination fees.
These costs depend on the Tourist Services booked by said Customer, their conditions are specified by the Company to the Customer directly via its Booking Tool and are more specifically available via the Customer's account (under the « My Reservations » tab).
10.2 After the departure
The Customer shall inform the Company, as soon as possible in the circumstances of the case, of any non-compliance found during the performance of the Tourist Service.
The Company will remedy the non-compliance, unless this is impossible or incurs disproportionate costs, given the non-compliance and the value of the services of the Tourist Service concerned. If the Company does not remedy the non-compliance, the Customer may:
- to ask for a price reduction and, in case of separate damages, damages in accordance with article L. 211-17 of the Tourism Code;
- upon the expiry of a reasonable period of time, remedy the situation itself and claim reimbursement of the necessary expenses.
Where the other services offered give rise to a Tourist Service of a quality lower than that specified in the Contract, the Company grants the Customer an appropriate price reduction.
The Customer may refuse the other services offered only if they are not comparable to what was provided for in the Contract or if the price reduction granted is not appropriate.
When a non-compliance significantly disrupts the performance of the Tourist Service and the Company does not remedy within a reasonable time set by the Customer, the latter may resolve the Contract without paying a resolution fee and ask, if the case in accordance with Article L. 211-7 of the Tourism Code, a price reduction and in case of damage distinct from and interests.
If it is impossible for the Company to offer other services or if the Customer refuses the other services offered (if they are not comparable to what was provided for in the Contract or if the price reduction granted is not appropriate) the Customer is entitled, if applicable, to a price reduction and, in the case of a separate loss, to damages in accordance with article L. 211-7 of the Tourism Code, without resolution
In case of non-conformity significantly disrupting the performance of the Tourist Service, if the Contract includes the carriage of passengers, the Company shall also provide the Customer with repatriation by an equivalent means of transport, as soon as possible in the circumstances of the species and at no additional cost to the traveller.
Where it is impossible, due to exceptional and unavoidable circumstances, to ensure the Customer's return as stipulated in the Contract, the Company shall bear the costs of the necessary accommodation, if possible, of equivalent category, for a maximum of three (3) nights by Customer.
The Customer will not be entitled to any compensation if the Company proves that the non-conformity is attributable either to the Customer, or to a third party foreign to the provision of services included in the Tourist Service and is of an unforeseeable or unavoidable nature, or to exceptional and unavoidable circumstances
11. Assignment of reservation to a stakeholder
In accordance with the provisions of articles L. 21111 and R. 2117 of the Tourism Code, the Customer has the right to transfer his reservation to any third party who fulfils the conditions required for the Tourist Service.
If necessary, the Customer must inform the Company of the transfer of his reservation to a third party by any means to acknowledge receipt, no later than seven (7) days before the start of the Tourist Service, to the address of contact indicated herein. When it comes to a cruise, this period is increased to fifteen (15) days.
The Customer and the third-party assignee of the reservation will be solidarly liable to the Company for the payment of the balance of the price, if any, additional costs that may be incurred as a result of this assignment, as well as any amount will be charged to them as part of the reservation in accordance with these terms
12. Liability of the Company
As part of its professional civil liability, the Company is insured by Hiscox under contract DEV000154502 dated November 27, 2018.
The Company is responsible for the proper performance of all travel services included in the Tourist Service, in accordance with Article L. 211-16 of the Tourism Code and is required to provide assistance to the Customer if he is in difficulty, in accordance with Article L. 211-17-1 of the Tourism Code.
In accordance with the provisions of article L.211-16 of the Tourism Code, the Company can be exonerated from its responsibility by proving that the damage is attributable:
- the Customer; this is particularly the case:
- loss or theft of tickets by the Customer;
- the absence of the Customer on the day of the beginning of the Tourist Service (denied boarding, disembarkation, etc.);
- failure by the Customer to present the identity documents required for travel, or for the submission of invalid documents and/or those that do not comply with registration or customs police services;
- provision by the Customer of identity information that does not comply with his identity documents, preventing him from performing the Tourist Service reserved by the Company on the basis of this information;
- incident/accident resulting from a personal initiative of the Customer, or any imprudence on his part. As a result, the costs and disbursements caused by an incident/accident caused by the Customer will be the sole responsibility of the latter.
- to a third party who is not concerned by of Tourist Services and is unpredictable or unavoidable; ;
- either exceptional and unavoidable circumstances; this is particularly the case:
- strike of transport services, air traffic controllers, hotel staff, or any personnel related to the realization of all or part of the Tourist Service;
- riots, insurrections, social movements;
- cancellation imposed by climatic, geographical, health or political conditions that threaten the Customer's life, his or her safety or health, or prevent the successful completion of the Tourist Service;
- cancellation at the request of an administrative authority or any other competent French or foreign (local) public authority;
- natural disasters, bad weather or weather conditions making it impossible to achieve all or part of the Tourist Service for the Company, regardless of the will of the latter.
13. Complaints - Contact
The Customer has the possibility to send to the Company any claim relating to the Tourist Service.
The complaint must be accompanied by supporting documents and sent by mail with acknowledgment of receipt to the Company at the postal address indicated on the Website.
The claim must be sent to the Company within a maximum of thirty (30) days from the end of the Tourist Service. After this period, any claim made cannot be accepted and will be declared inadmissible.
No claim will be accepted for loss(es), damage(s) or theft(s) of luggage, clothing or personal items placed under the personal supervision of the Customer during the stay, unless proven fault of Customer or service providers involved in the realization of the Tourist Service.
In the absence of a satisfactory response to his complaint, within sixty (60) days of the notification by the Customer of this claim addressed to the Company to the contact address indicated on the Website, the Customer is free to seize the Mediator of Tourism and Travel, whose contact details and referral procedures, are available on the latter's website, which can be accessed at the following address : www.mtv.travel.
The Ombudsman for Tourism and Travel is in charge of amicable settlement of disputes between providers of air transport services, travel or tourism and their customers.
Customers can also obtain information on online dispute resolution on the European platform at the following address:
Any request for information, clarification and reservation follow-up, as well as any claim under this article, may be addressed to the Company at the addresses on the Website.
14. Intellectual property
The entirety of the elements contained on the Website are protected by the laws relating to the intellectual property.
Thus, the Company alone holds all rights, titles and interests, including all intellectual property rights related to the Website, as well as ideas, suggestions, requests for improvement, comments, recommendations and other information that Customers and third parties would communicate about the Website.
In addition, the Company holds the rights to use all the items available on the Website that it owns, including text, images, graphics, logos, icons, sounds, software, etc. Consequently, any reproduction, representation, modification, publication, total or partial adaptation of the elements of the Website, by any means or process whatsoever, is prohibited, except with the express prior consent of the Company.
15. Personal data
In accordance with the provisions of Law No. 78-17 of January 6, 1978, relating to data, files and freedoms, the Company undertakes to respect the personal data of Customers and any data subject whose data personal data would be collected by the Company (hereinafter, the « Relevant Person(s) ») in the context of the reservation request and the participation in the Tourist Services, or during any exchange with these last in the context of his professional activity.
The personal data of the Customer/Relevant Person is the information that makes it possible to identify him directly or indirectly, within the meaning of Article 2 of the Data Protection Act.
Customers/Relevant Person are required to provide this type of information (surname, first name, e-mail address or postal address) on a voluntary basis when requesting online reservations and, where appropriate, a reservation from the Company.
The personal data collected by the Company may be used by the Company, by its employees or by its service providers for the purpose of providing the Tourist Services to Customers/Relevant Person in the context of its activity and in particular for the purpose of processing reservations made to the Company or to grant any request or question concerning the Website or the services offered as part of the Tourist Services.
The Customers/Relevant Person are informed that the Company is likely to communicate their personal data to third parties, subject to their express and prior consent or any competent public authority, when the laws and regulations require it.
The personal data of the Customers/Relevant Person will be kept by the Company in a strictly confidential manner and may only be used for the purposes for which they were collected and for the purposes for which the Customers and Relevant Person have expressly consented, in compliance with the provisions of the Data Protection Act, cited above.
For any other use of the personal data of the Customers/Relevant Person, the Company undertakes to collect the prior consent of the Customers/Relevant Person in accordance with the provisions of the aforementioned law on Data Protection.
Finally, any Customers/Relevant Person has the right to oppose, access, rectify or delete their personal data, which the latter is free to exercise by contacting the Company at any time with the contact address indicated on the Website.
16. Governing law and jurisdiction
The Terms and Conditions are subject to French law.
Any dispute relating to these presents will be brought before one of the jurisdictions territorially competent under the Civil Procedure Code.
The Customer has the opportunity to submit any dispute relating to these here before the jurisdiction of the place where the consumer remained at the time of the conclusion of the Contract, or before the place of the occurrence of the harmful event.
In any case, the Customer is duly informed that he is entitled to resort to mediation in accordance with the provisions of Article L. 111-1 of the Consumer Code.
For Customers having the status of merchant, any dispute relating to these presents will be brought before the Commercial Court of Bordeaux.
17. French and foreign versions
These Terms and Conditions are written in French. In the event of contradiction or misinterpretation, they will prevail over any other version which would be written in another language at the request of the Customer
In case of difficulty of interpretation between one or more titles and one or more stipulations hereof, the titles will not be taken into account.
18.2. Partial disability
If one of the stipulations of the present ones proved null or inapplicable, this one would be considered as unwritten without the validity of the other stipulations of the present ones can be put in question, provided however that the general economy of the present ones does not not significantly affected by the deletion of the stipulation concerned.
GENERAL TERMS AND CONDITIONS
In accordance with the provisions of article R.211-12 of the Tourism Code, articles R. 211-3 to R. 211-11, relating to the contract of sale of travel and stays, are reproduced below and constitute the GTC of the Company.
Article R.211-3 Any offer and any sale of the services mentioned in Article L. 211-1 shall give rise to the submission of appropriate documents that comply with the rules defined by this section.
Article R. 211-3-1 The exchange of pre-contractual information or the provision of contractual conditions is made in writing. They can be done electronically. The name or business name and address of the organizer or retailer and the indication of its registration in the register provided for in Article L. 141-3 or, where appropriate, the name, the address and the indication of the registration of the federation or the union mentioned in the second paragraph of Article R. 211-2.
Article R.211-4 Before concluding the contract, the organizer or retailer must inform the traveller of the following information:
1 The main characteristics of the travel services:
a) The destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included;
b) The means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and place of stops and connections. When the exact time has not yet been set, the organizer or retailer informs the traveller of the approximate time of departure and return;
c) The location, main features and, if applicable, the tourist category of accommodation under the rules of the country of destination; d) meals provided;
d) ) meals provided;
e) Visits, excursions or other services included in the total price agreed for the contract;
f) Where this is not apparent from the context, whether any travel services will be provided to the traveller as a member of a group and, in this case, if possible, the approximate size of the group;
g) Where the benefit of other tourist services provided to the traveller is based on effective verbal communication, the language in which these services will be provided;
h) Information on whether travel or holiday accommodation is generally suitable for persons with reduced mobility and, at the traveller’s request, specific information on the suitability of the trip or vacation stay to the needs of the traveller;
2 The corporate name and geographical address of the organizer and the retailer, as well as their telephone and, if applicable, electronic contact information;
3 The total price including taxes and, if applicable, all fees, royalties or other additional costs, or, where these cannot be reasonably calculated before the conclusion of the contract, an indication of the type of costs additional that the traveller may still have to bear;
4 the terms of payment, including the amount or percentage of the price to be paid as deposit and the schedule for the payment of the balance, or the financial guarantees to be paid or to be provided by the traveller;
5 The minimum number of people required to complete the trip or stay and the deadline mentioned in III of Article L. 211-14 preceding the start of the trip or stay for a possible resolution of the contract in case this number would not be reached;
6 General information concerning the conditions applicable to passports and visas, including the approximate duration of obtaining visas, as well as information on health formalities, of the country of destination;
7 A statement that the traveller may terminate the contract at any time before the start of the trip or stay, subject to the payment of appropriate resolution fees or, where applicable, standard resolution fees claimed by the organizer or retailer, in accordance with I of Article L. 211-14;
8Information on compulsory or optional insurance covering the costs of rescinding the contract by the traveller or on the cost of assistance, covering repatriation, in case of accident, illness or death.
With regard to the packages defined in e 2 of A of II of Article L. 211-2, the organizer or the retailer and the professional to whom the data are transmitted shall ensure that each of them provides, before the traveller is bound by a contract, the information listed in this section to the extent that it is relevant to the travel services it offers.
The form by which the information listed in this article is made known to the traveller is set by joint order of the Minister of Tourism and the Minister of Economy and Finance. This decree specifies the minimum information to be brought to the attention of the traveller when the contract is concluded by telephone.
Article R.211-5 The information mentioned in 1, 3, 4, 5 and 7 of Article R. 211-4 communicated to the traveller forms part of the contract and may only be modified under the conditions defined in Article L. 211-9.
Article R.211-6 The contract must include, in addition to the information defined in Article R. 211-4, the following information:
1 the particular requirements of the traveller that the organizer or retailer has accepted;
2 A statement indicating that the organizer and the retailer are responsible for the proper performance of all the travel services included in the contract in accordance with Article L. 211-16 and that they are required to provide assistance to the traveller if he is in difficulty, in accordance with article L. 211-17-1;
3 The name of the entity responsible for insolvency protection and its contact details, including its geographical address;
4 The name, address, telephone number, e-mail address and, where applicable, the fax number of the local representative of the organizer or retailer, a contact point or another service through which the traveller can quickly contact the organizer or the retailer and communicate with him effectively, ask for help if the traveller is in difficulty or complain about any non-compliance found during the execution of the trip or stay ;
5A statement indicating that the traveller is required to communicate any non-compliance that he/she finds during the execution of the trip or stay in accordance with II of Article L. 211-16;
6 When minors, unaccompanied by a parent or other authorized person, travel on the basis of a contract including accommodation, information allowing to establish a direct contact with the minor or the person responsible for the minor on the place residence of the minor;
7 Information on the internal procedures for handling available complaints and on the out-of-court dispute resolution mechanisms and, where applicable, on the entity to which the trader belongs and on the platform for the online settlement of disputes by Regulation (EU) No 524/2013 of the European Parliament and of the Council;
8 Information on the right of the traveller to assign the contract to another traveller in accordance with Article L. 211-11.
With regard to the packages defined in Article L. 211-2 of the Tourism Code, the professional to whom the data are transmitted informs the organizer or the retailer of the conclusion of the contract giving rise to the creation a package. The professional provides him with the necessary information to enable him to fulfil his obligations as an organizer. As soon as the organizer or retailer is informed of the creation of a package, he provides the traveller, in a durable medium, the information mentioned in 1 to 8.
Article R.211-7 The traveller may assign his contract to a transferee who fulfils the same conditions as him to carry out the journey or the stay, as long as this contract has not produced any effect.
Unless more favourable to the transferor, he must inform the organizer or the retailer of his decision by any means to obtain an acknowledgment of receipt no later than seven days before the start of the trip. This transfer is under no circumstances subject to prior authorization from the organizer or retailer.
Article R.211-8 Where the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it mentions the precise methods of calculation, both upwards and downwards, price changes, including the amount of the transportation costs and related taxes, the currency or currencies that may affect the price of the trip or stay, the share of the price to which the change applies, and the price of the currency or currencies used as reference when establishing the price appearing in the contract.
In the event of a reduction in the price, the organizer or retailer is entitled to deduct his actual administrative expenses from the reimbursement due to the traveller. At the request of the traveller, the organizer or retailer provides proof of these administrative expenses.
Article R.211-9 Where, before the departure of the traveller, the organizer or the retailer is compelled to make a modification to one of the essential elements of the contract, if he cannot satisfy the special requirements mentioned in 1 of Article R. 211-6, or in the event of a price increase of more than 8%, it informs the traveller as soon as possible, in a clear, comprehensible and apparent manner, on a durable medium :
1 Proposed amendments and, if applicable, their impact on the price of the trip or stay;
2 The reasonable period of time within which the traveller must communicate to the organizer or the retailer the decision he takes;
3 Consequences of the traveller’s failure to reply within the prescribed time;
4 If applicable, the other service offered, as well as its price.
When the contract changes or the substitution service results in a decline in the quality of the trip or stay or its cost, the traveller is entitled to an appropriate price reduction.
If the contract is resolved and the traveller does not accept any other service, the organizer or the retailer shall reimburse all the payments made by the traveller or on his behalf as soon as possible and in any case not later than fourteen days after the termination of the contract, without prejudice to compensation pursuant to Article L. 211-17.
Article R.211-10The organizer or the retailer shall make the reimbursements required under II and III of Article L. 211-14 or, under I of Article L. 211-14, refunds all payments made by or on behalf of the traveller less appropriate resolution fees. These refunds for the benefit of the traveller shall be made as soon as possible and in any event within fourteen days at the latest after the termination of the contract.
In the case provided for in III of Article L. 211-14, the additional compensation that the traveller is likely to receive is at least equal to the penalty he would have incurred if the cancellation had been made by him or her at that time dated.
Article R211-11 The aid payable by the organizer or retailer pursuant to Article L. 211-17-1 consists in particular of:
1 To provide useful information on health services, local authorities and consular assistance;
2To help the traveller to carry out long distance communications and to find other travel services.
The organizer or the retailer is entitled to charge a reasonable price for this assistance if this difficulty is caused intentionally by the traveller or by his negligence. The invoice price does not exceed in any case the actual costs incurred by the organizer or the retailer.
APPENDIX 1 – SUMMARY OF CUSTOMER RIGHTS
By clicking on the hyperlink above, the Customer will receive the following information:
Essential rights under Directive (EU) 2015/2302 transposed into the Tourism Code:
Customers will receive all essential information about the package before concluding the package travel contract.
The Company is responsible for the proper performance of all travel services included in the contract.
Customers receive an emergency telephone number or the contact details of a point of contact enabling them to contact the Company.
Customers may assign their package to another person on reasonable notice and possibly subject to additional charges.
The price of the package can only be increased if specific costs increase (for example, fuel prices) and if this possibility is explicitly foreseen in the contract and cannot be modified in any case less than twenty days before the start the package. If the price increase exceeds 8% of the package price, the Customer may terminate the Agreement. If the Company reserves the right to increase the price, the Customer is entitled to a price reduction in the event of a decrease in the corresponding costs.
Customers may terminate the Agreement without paying a resolution fee and be fully reimbursed for any payments made if any of the essential elements of the package, other than the price, are materially modified. If, before the beginning of the fixed price, the Company cancels this one, the travellers have the right to obtain the refund and a compensation, if it is necessary.
Customers may terminate the Agreement without paying a resolution fee before the start of the plan in the event of exceptional circumstances, for example if there are serious security issues at the destination that are likely to affect the package.
In addition, Customers may, at any time prior to the commencement of the plan, terminate the Agreement for payment of appropriate and justifiable resolution fees.
If, after the start of the package, important elements of it cannot be provided as expected, other appropriate services must be offered to customers, at no additional charge. Customers may terminate the Contract without paying a resolution fee when the Services are not performed in accordance with the Contract, this significantly disrupts the performance of the package and the Company does not remedy the problem.
Customers are also entitled to a price reduction and/or compensation in case of non-performance or improper performance of the travel services.
The Company must provide assistance if the Customer is in difficulty.
If the Company becomes insolvent, the amounts paid will be refunded. If the Company becomes insolvent after the beginning of the fixed price and if the transport is included in the fixed price, the repatriation of the Customers is guaranteed, the Company having subscribed insolvency protection to Groupama Credit Insurance & Guarantee. Customers may contact this entity if services are denied to them due to the insolvency of the Company.