GENERAL AND SPECIAL SALES TERMS
SPECIAL RESERVATION TERMSArticle R. 211-12 of the Tourism Code states that the provisions of Articles R. 211-3 to R. 211-11 must be reproduced in all brochures and travel contracts produced by the persons referred to in Article L. 211-1
Subject to the exclusions set out in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel services or holidays shall entail the delivery of the appropriate documents, in accordance with the rules defined in this section.
In the case of sales of airline tickets or tickets on regular transport routes, unaccompanied by any related services, the seller shall deliver to the buyer one or more tickets for the entire journey, issued by the carrier or under its responsibility. In the case of transport on demand, the name and address of the carrier, on whose behalf the tickets are issued, must be mentioned.
The issuing of separate bills for various components of a package shall not remove the seller's obligations under the regulatory provisions of this section.
The exchange of pre-contract information and provision of contract terms shall be in writing. This may also be done electronically, under the conditions of validity and operating conditions set out in Articles 1369-1 to 1369-11 of the Civil Code. These documents shall state the name or company name and address of the seller as well as details of their registration on the register set out in Article L. 141-3 or, where applicable, the name, address and registration details of the federation or union mentioned in the second paragraph of Article R. 211-2.
Prior to concluding the contract, the seller must provide the consumer with information on prices, dates and other components of the services provided during the journey or stay, such as:
1 ° The destination, means, characteristics and categories of transport used;
2 ° The type of accommodation, its location, level of comfort, main characteristics, approval certificate and tourism classification in accordance with the regulations or practices of the host country;
3 ° The catering services offered;
4 ° The description of the itinerary if it is a circuit;
5 ° The administrative and health formalities to be completed by nationals or by nationals of another Member State of the European Union or a State party to the Agreement on the European Economic Area, in particular in the event of borders being crossed, and the deadlines for completion of these;
6 ° The visits, excursions and other services included in the package or available at an extra cost;
7 ° The minimum or maximum size of the group for the journey or stay and, if the journey or stay is subject to a minimum number of participants, the deadline for informing the consumer in case of cancellation of the journey or stay; this date can not be set at less than twenty-one days before departure;
8 ° The amount or percentage of the price to be paid as a deposit upon conclusion of the contract and the schedule of payment of the balance;
9 ° The procedures for revision of prices as set out in the contract pursuant to Article R. 211-8;
10 ° The terms of cancellation of the contract;
11 ° The terms of cancellation as set out in Articles R. 211-9, R. 211-10 and R. 211-11;
12 ° Information on the option to purchase an insurance contract covering the consequences of cancellation in certain cases, or an assistance contract covering certain specific risks, including repatriation costs in case of accident or disease;
13 ° When the contract includes air travel, information for each flight leg, as set out in Articles R. 211-15 to R. 211-18.
The prior information given to the consumer is binding upon the seller, unless in the latter the seller expressly reserves the right to modify certain elements. The seller must, in this case, clearly indicate the extent to which these changes may occur and any items to which they apply.
In any event, any changes to the prior information must be communicated to the consumer before the contract is concluded.
The contract between the seller and the buyer must be in writing, in duplicate, one copy of which is delivered to the buyer, and signed by both parties. When the contract is concluded electronically, Articles 1369-1 to 1369-11 of the Civil Code apply. The contract must include the following clauses:
1° The name and address of the seller, their guarantor and insurer as well as the name and address of the organiser;
2 ° The destination or destinations of the journey and, if the holiday is split, the different periods and their dates;
3 ° The means, characteristics and categories of transport used, the dates and places of departure and return;
4 ° The type of accommodation, its location, level of comfort, main characteristics and tourism classification under the regulations or customs of the host country;
5 ° The catering services offered;
6 ° The itinerary if it is a circuit;
7 ° The visits, excursions or other services included in the total price of the journey or holiday;
8 ° The total cost of services billed as well as information on any possible revision of this bill under the provisions of Article R. 211-8;
9 ° If applicable, information on any fees or taxes for certain services such as landing taxes, taxes on embarkation or disembarkation at ports and airports, and resort taxes when these are not included in the price of the service or services provided;
10 ° The schedule of payment and payment methods; the last payment made by the buyer cannot be less than 30% of the price of the journey or holiday, and must be made upon receipt of the documents enabling the journey or holiday to take place;
11 ° Special conditions requested by the buyer and accepted by the seller;
12 ° The conditions under which the purchaser may submit a claim to the seller for non-performance or improper performance of the contract, which complaint must be made as soon as possible, by any means enabling them to obtain an acknowledgment of receipt from the seller. Where appropriate, the tour operator and service provider concerned should be notified in writing;
13 ° The deadline for informing the buyer in case of cancellation of the journey or holiday by the seller in the event that the journey or holiday is subject to a minimum number of participants, in accordance with the provisions of 7 ° of Article R. 211-4;
14 ° The terms of cancellation of the contract;
15 ° The terms of cancellation as set out in Articles R. 211-9, R. 211-10 and R. 211-11;
16 ° Details of the risks covered and the amounts guaranteed under the insurance contract covering the consequences of the civil and professional liability of the seller;
17 ° Information concerning the insurance contract covering the consequences of certain cases of cancellation, signed by the buyer (policy number and name of the insurer) and those concerning the assistance contract covering certain specific risks, including repatriation costs in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and excluded risks;
18 ° The deadline for informing the seller in case of transfer of the contract by the buyer;
19 ° The commitment to provide the buyer, at least ten days before their scheduled date of departure, with the following information:
a) The name, address and telephone number of the seller's local representative or, failing this, the names, addresses and telephone numbers of local organisations that can help the consumer in case of difficulty or, failing that, an emergency contact number for the seller;
b) For journeys and holidays for minors abroad, a telephone number and an address for direct contact with the child or the responsible person at the place where they are staying;
20 ° The termination clause, entitling the buyer to a refund of the amounts paid, without penalty, in the event of failure to provide information as set out in 13 ° of Article R. 211-4;
21 ° The commitment to inform the buyer, in good time before the start of the journey or holiday, of their departure and arrival times.
The buyer may transfer the contract to a transferee fulfilling the same conditions as them, who may then go on the journey or holiday, as long as the contract has produced no effect.
Unless otherwise stipulated in favour of the transferor, the latter must then inform the seller of their decision, by any means enabling them to obtain an acknowledgement of receipt no later than seven days before the start of the journey. In the case of a cruise, this period is extended to fifteen days. This transfer shall under no circumstances require the prior permission of the seller.
When the contract provides explicitly for the possibility of price revision, within the limits laid down in Article L. 211-12, it must state the precise calculation methods used for both upward and downward price variations, including the costs of transport and associated taxes, the currency or currencies that may affect the price of the journey or holiday, the proportion of the price to which the variation applies, and the price of the currency or currencies used as a reference for the price shown in the contract.
If, prior to the departure of the buyer, the seller is forced to make a change to one of the essential elements of the contract, such as a significant price increase, and if they disregard the obligation to provide information referred to in 13 ° of Article R. 211-4, the buyer may, without prejudice to their right to claim compensation for any damages incurred, and after having been informed of this by the seller by any means enabling them to obtain an acknowledgment of receipt:
- either terminate their contract and obtain an immediate refund of the sums paid, without penalty;
- or accept the change or replacement journey offered by the seller; an additional clause stating the changes made shall then be signed by the parties; any reduction in price shall be deducted from any sums still due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the difference must be returned to them before their date of departure.
In the case provided for in Article L. 211-14, where the seller cancels the journey or holiday before the departure of the buyer, they must inform the buyer by any means enabling them to obtain an acknowledgment of receipt; the buyer, without prejudice to their right to claim compensation for any damages incurred, shall obtain an immediate refund of the sums paid, without penalty; in this case, the buyer shall receive compensation at least equal to the penalty they would have paid had they cancelled on that date.
The provisions of this Article shall in no case form an obstacle to the conclusion of an amicable agreement whereby the buyer accepts a replacement journey or holiday offered by the seller.
If, after the departure of the buyer, the seller is unable to deliver a significant part of the services under the contract, representing a significant percentage of the price paid by the buyer, the seller must immediately take the following steps without prejudice to the right to claim compensation for any damages incurred:
-either offer an alternative to the services originally offered, bearing any extra cost, and if the services accepted by the buyer are of lower quality, the seller shall refund the price difference upon their return;
-or, if they cannot offer an alternative or the alternative is rejected by the buyer for valid reasons, they can provide the buyer with tickets back to the place of departure or to another place accepted by both parties, under conditions that may be deemed equivalent, at no extra cost.
The provisions of this Article shall apply in case of non-compliance with the obligation laid down in paragraph 13 of Article R. 211-4.
Special Terms and Conditions
Art. 1 - In accordance with the law no. 2009-888 of 22/07/2009, registered Tourist Offices may book and sell all types of services, leisure activities and general hospitality in their area of operation. They assist the public by offering a range of services. Tourism Offices are local tourism organisations that make their services available to providers who have signed a marketing agreement with them. In no event shall the Fédération des Offices de Tourisme de France (French Federation of Tourist Offices) or the Tourist Offices be held liable for the use of these contracts by third parties or for purposes other than tourism.
Art. 2 – Information. The promotional materials (brochures, website...) describe the services on sale. However, these services may be subject to change. In accordance with Article R211-5 of the Tourism Code, any changes must be brought to the attention of the customer by the Tourist Office, in writing, before the conclusion of the contract.
Art. 3 – Duration of the service
The customer signing the contract for a specific period may under no circumstances invoke any right to remain on the premises at the end of the stay.
Art. 4 - Liability. The Tourist Office Gérardmer-Monts et Vallées is liable under the terms of Article L211-16 of the Tourism Code, which states: "Any person or entity that engages in the transactions referred to in Article L.211-1 is responsible has a legal responsibility towards the buyer to fulfil the obligations arising from the contract, whether the contract has been concluded remotely or not, and whether such obligations are to be performed by itself or by other service providers, without prejudice to the right to claim compensation against them, within the limits of the compensation agreed upon under international agreements. However, it may be exempt from all or part of its liability if it can demonstrate that the non-performance or improper performance of the contract is attributable to the buyer, to the unforeseeable and insurmountable action of a third party not involved in the provision of services under the contract, or to a case of force majeure."
Art. 5 - Booking. The booking shall become firm when a deposit of 25% of the total amount, the administrative fee and a copy of the contract signed by the customer have been sent to the booking department before the deadline on the contract.
Art. 6 - Late bookings. In case of late booking, less than 30 days prior to the start of the holiday, full payment is required at the time of booking, subject to compliance with Article R.211-6, 10 of the Tourism Code.
Art. 7: Right of withdrawal
The withdrawal period for distance selling does not apply to tourist services (Article L121-20-4 of the Consumer Code). Therefore, and in accordance with the law, no requests for refunds following distance selling can be taken into account once the booking is confirmed.
Art. 8 - Payment of the balance.
The customer shall pay the remaining balance of the agreed service to the Tourist Office Gérardmer-Monts et Vallées, one month before the commencement of services (rental, excursion, holiday...). If the customer has not paid the balance on the agreed date, they shall be deemed to have cancelled their holiday. Therefore, the service shall once more be offered for sale and no refund shall be issued.
Art. 9 - Vouchers/booking contract. Upon receipt of the balance, the booking service shall send the customer a voucher or booking contract to give to the service provider(s) upon arrival.
Art. 10- Arrival.
The customer must arrive on the day and at the address specified on the voucher or booking contract from 4 pm and the departures take place before 10 am. In case of late or postponed arrival, or a last-minute hold-up, the customer must notify the service provider(s) directly, using the contact details which the Tourist Office will have given them. Failure to keep to this timetable may result in the service provider being unable to deliver the service. Services not consumed by the customer must still be paid for and no refunds shall be issued.
Art. 11 - Cancellation. For all cancellations, the Tourist Office must be notified by registered letter.
In the event of cancellation by the customer, even in case of force majeure, besides the administrative and insurance fees, the following variable charges shall apply:
- over 30 days (inclusive) before the start of the holiday: 25% of the total price for the services shall be retained
- between the 30th and the 8th day (inclusive) before the start of the holiday: 50% of the total price of the services shall be retained
- less than 8 days before the start of the holiday: 100% of the total price of the services shall be retained
If the customer has taken out cancellation insurance at the time of booking, they should refer to the insurance sheet attached to the contract.
The date of receipt of the letter sent by registered mail will be used to determine what percentage of the total price will be retained.
Art. 12 - Interruption of the holiday
No refunds shall be issued in the event of the holiday being interrupted.
Art. 13 – Capacity: The contract is drawn up for a specified number of people. In the event of the customer failing to comply with this clause, the service provider may refuse to accept the extra customers. No refunds shall be issued in this case.
Art. 14 - Transfer of the contract by the customer. The transfer must be carried out at cost price between the transferor and the transferee. The buyer may transfer the contract to a transferee fulfilling the same conditions as them, who may then go on the holiday. In this case, the buyer is obliged to inform the Tourist Office of Gérardmer/Xonrupt of their decision by registered letter with acknowledgment of receipt, no later than 7 days before the start of the holiday. The transferor shall be solely and jointly liable for payment of the balance to the seller, as well as any additional costs arising from such a transfer. These additional costs shall be paid by the transferor.
Art. 15 - Insurance. The customer is responsible for any damage they may cause. They are invited to purchase a civil liability insurance policy and a “holiday” insurance policy.
The Tourist Office offers the customer the option to purchase an insurance policy covering the consequences of cancellation in certain cases; the content of the guarantees and exclusions is described in a document which shall be provided to the buyer at the time of purchase.
Art. 16 – Inventory - meter reading - maintenance
For property rentals, an inventory and where applicable a meter reading shall be carried out jointly and signed by the tenant and the owner or their representative upon arrival and departure. These two documents shall be the only references in case of dispute. The cleanliness of the accommodation must be described in the inventory upon arrival and departure. The tenant shall be responsible for cleaning the premises and clearing snow during their stay.
Art. 17 – Security deposit
The deposit amount is variable (stated in the booking contract). It is intended to cover the possible consequences of any damage caused by the tenant. This deposit shall be paid after the inventory has been taken upon arrival, and shall be returned to the customer, minus the cost of any repairs if the tenant is found to have caused any damage to the property.
Art. 18 – Payment of charges and taxes
At the end of their stay, the customer must pay the property owner or their representative any taxes and charges not included in the price shown in the booking contract (electricity following a meter reading, resort tax, sheet hire...).
Art. 19 - Modification of a significant element of the contract by the Tourist Office. Refer to Article R211-9 of the general terms and conditions.
Art. 20 - Cancellation by the seller. Refer to Article R211-10 of the Tourism Code.
Art. 21 - Inability of the seller to deliver the services stated in the contract during the holiday. Refer to Article R211-11 of the Tourism Code.
Art. 22 - Complaints. Any complaints relating to the non-performance or improper performance of the contract must be sent to the Tourist Office within three days by registered letter with acknowledgment of receipt. Complaints pertaining to the condition of the premises shall be made to the reservation department within 48 hours of the arrival.
Art. 23 – The Tourism Office has taken out professional civil liability insurance with the following company:
MMA 8 Bd Adolphe Garnier 88400 GERARDMER
Legal status: EPIC
SIRET no.: 80863763100017
A.P.E. CODE: 7990 Z Travel agency business
Registration in the register of operators travel and holidays : IM088150002
The financial guarantee is provided by: APS (€ 89 000)
OFFICE DE TOURISME INTERCOMMUNAL GERARDMER-MONTS ET VALLEES
Head office address:
4 PLACE DES DEPORTES 88400 GERARDMER