Terms of sales

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Valid from November 12, 2014.

Mr. Charles Aréthuse, manager of the company Art Montgolfières in personal name company registered with the RCS Blois under number 482 920 782 00034 and whose registered office is 9 Le Petit Villeneuve - 41400 Saint Georges Sur Cher (hereinafter the "Company"), whose telephone number is +33(0)2 54 32 08 11, whose email address is charles@art-montgolfieres.fr and whose VAT number is FR40482920782 individual, publishes a website selling online flight tickets and balloon stays at http://www.art-montgolfieres.fr (hereinafter the "Site") to individual buyers (hereinafter designated the "Purchaser"). The Company is authorized in France by the Civil Aviation for public transport passengers by order of 3 August 2005 and holder of the air transport certificate FO No. 045 issued by the Directorate of Civil Aviation CASD WESTERN Airport Brest - Brittany BP 56 29490 GUIPAVAS and the air transport license FO-2011-LEB-321 issued by the Directorate of Civil Aviation CASD WESTERN Airport Brest - Brittany BP 56 29490 GUIPAVAS. As an air passenger carrier, the Company is also subject to the conditions set forth in the Warsaw Convention.

The Company holds a Registration in Travel and Holidays Operators Registry No. IM041120007 issued by ASSET France 78-81 Rue de Clichy 75009 PARIS.
The Company maintains professional liability insurance with AXA France IARD 26, Rue Drouot 75009 PARIS

The Company reserves the right to modify at any time and in its sole discretion, these terms and conditions. The general conditions in force are those contained on the Site when the Buyer places his order. The placing of an order by the Buyer implies irrevocable acceptance of these terms, which the Buyer acknowledges having read prior to placing the order.

By accepting these terms of sale, the Buyer warrants that major and have full legal capacity to order on the Site.

1. Object

These conditions of sale are intended to define the conditions and terms of sale to the Buyer, and the obligations of both parties.

2. Entry into force / Duration

The present general conditions come into effect from the signing of the order by the Buyer, and remain in force until termination of rights and obligations for one or other of the parties.

3. Description of Products and Services

3.1 The flight ticket Balloon

Buyer may pass flight ticket order ballooning:

  1. on Company Website
  2. from the office of the Company at: 9 Le Petit Villeneuve - 41400 Saint Georges Sur Cher;
  3. by telephone at +33 (0) 2 54 32 08 11
  4. with partners of the Company

The ticket will be valid for twelve (12) months from the date of issue, flight period from 1 April to 31 October each year. If canceled its flight to weather reasons, the Buyer must choose a new flight. He will have a minimum of four (4) attempts to fly in twelve (12) months. Otherwise the ticket will be considered as consumed. If the Buyer has completed less than four (4) attempts to steal during the twelve (12) months, the Company will extend its ticket a year at a cost of 50 euros per ticket and, upon written request to the office of the society. The validity of the ticket will be extended for one year at no cost to any passenger showing that his flight was canceled at least four (4) times by the Company for reasons of bad weather conditions or for other safety reasons.

The ticket includes:

  1. Traveling by car from the point of appointment to the place of embarkation in the Balloon;
  2. Preparation for the inflation of the balloon;
  3. The safety briefing;
  4. Hot air ballooning;
  5. The storage of the balloon;
  6. The traditional toast of balloonists;
  7. The return to the point of appointment in the vehicle;
  8. Insurance civil aviation liability.

3.2 The travel packages entitled "Formulas"

The Purchaser has descriptive information of formulas proposed to it by the Company on each page of the site with them. It can download these pre-contractual information as PDF document.

Formulas are proposed and organized by the company Art Montgolfières, 9 Le Petit Villeneuve - 41400 Saint Georges Sur Cher.

The Company has a guarantor Caisse Régionale de Crédit Agricole Mutuel Val de France, 1 Rue Daniel Boutet 28000 CHARTRES and an insurer: AXA France IARD, 26 Rue Drouot 75009 PARIS. The risks covered and the amounts guaranteed under the insurance contract are listed in the Annex hereto.
The formulas proposed by the Company include a Balloon Flight and accommodation in B & B or hotel in two, three or four stars or; Balloon flights, accommodation in a guesthouse or hotel in two, three or four stars and a catering service, in Form chosen.

The specific conditions of each formula are present on the site when buying Formula and must be accepted by the Buyer when purchasing.
The Prix Formula must be paid in full when ordering.
Any claim for non-performance or improper performance of the contract should be addressed as soon as possible by registered letter with acknowledgment of receipt and the seller by email to third party service providers charge a hosting service or catering.
Formulas reserved for groups of 10 must be paid in full no later than twenty-two (22) days before the start of the holiday or flight. If the number of people is not confirmed within this time, the Company will inform the Buyer of the cancellation of the Formula later than twenty-one (21) days before the date of arrival.
In case of cancellation of the Formula by Buyer for personal reasons, the total amount paid by the Purchaser to the Company will be retained him.
Buyer still retains the ability to change the start date of its formula, free of charge, until the eighth day before that date, subject to availability for the new date chosen.
When the Buyer purchases a formula to assign to a third party, the Company must be notified of the name and contact details of the latter within seven (7) days before the date of arrival. This third party must meet the same conditions as the Buyer.
The Company will inform the Buyer's name and contact information of the identity of the service provider operating the flight in balloon when using a subcontractor and that, no later than eight (8) days before the date of the flight contract or at the time of conclusion of the contract if it occurs less than eight (8) days before the flight date or if the change occurs after conclusion of this contract at the latest, must, at the time of registration.
Otherwise, the Purchaser is informed that he has a possibility of cancellation and refund without penalties of the sums paid by the buyer.
The Company undertakes to provide to the buyer, in time for the arrival, departure times and arrival.
The Company retains the right to change schedules without return flights or possible termination for Buyer.
In the case provided for in Article L. 211-14 of the Tourism Code, when, before the start of the Purchaser, the Company will be forced to cancel the stay, including for weather reasons, it will inform the buyer mail with return receipt. In such a case, the Company may offer an alternative holiday to Buyer that it will be free to accept or not. Otherwise, the Company will refund immediately and without penalty amounts paid. She will pay the Purchaser compensation limited to the amount of his Formula canceled.
When, after the departure of the Purchaser, the Company is unable to provide a major part of the services under the contract representing a significant percentage of the price paid by the buyer, it will offer them benefits replacement benefits provided, bearing any additional cost and, if the services accepted by the buyer are of inferior quality, the Company will reimburse, upon his return, the price difference. The Buyer may not refuse them for valid reasons. Otherwise, the Company shall provide the Purchaser, at no extra cost, the means to ensure his return to the place of the first provision included in the formula, or to another place accepted by both parties. It is the same when changing the identity of the service provider operating the flight Ballooning.
In case of contradiction between this section and any other section of this agreement, this section will apply to the purchase of Formulas.

3.3 Gift certificates

Gift vouchers indicate an expiry date of one year from date of purchase.

They can be exchanged by the person to whom they are offered against flight tickets Balloon or formulas, as available, including date and time desired, except for decorative products sold on the site and in the limit the amount of gift vouchers.
The recipient of a gift voucher can redeem it by contacting the Company or by e-mail at charles@art-montgolfieres.fr or by telephone at 02 54 32 08 11 or at the company's office at 9 Le Petit Villeneuve - 41400 Saint Georges Sur Cher.

During the exchange, the recipient of the gift certificate will be presented in duplicate these Conditions of Sale shall accept it.

3.4 Decorative products

The Company offers the sale of decorative items that can be purchased alone or with tickets stolen or formula.

Gift packages can only be purchased when accompanied by one or more tickets stolen or formula.

The "Send your balloon notes" box containing a balloon filled with helium inside a gift box, should not be open to the outside to avoid losing possession and notes that there are attached.

Products are offered subject to availability.

In case of unavailability of a product ordered, the Buyer will be notified by email. The cancellation of the order of this product and its potential refund will then be carried out, the rest of the order remaining firm and definitive.

Products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller's responsibility could not be committed. Photographs of products are not contractual.
In case of contradiction between this section and any other section of this agreement, this section will apply to the purchase of decorative products.

4. Order

The Company provides a copy of this contract downloadable durable medium on its website at the time of the order, the Buyer accepts. It also agrees to receive information related to the order and its execution by email.

4.1 Placing the order

In order to place an order, Buyer shall take the following steps:

  1. The Purchaser shall proceed to the choice of the desired product or service and then click on "Add to Cart" and then on "Order";
  2. On the "Order summary" Buyer may add a new item to their cart by clicking "Add Item", and will repeat the above steps. The buyer can add as many items as desired.
  3. The Buyer will then either create an account, if not already created one, or sign in with their email address and password. To create an account, Buyer shall fill various fields on the site and agree to the terms and conditions by checking the box "I have read the terms and conditions of service and I adhere without reservation (Read Terms & Conditions sale) "and the" I reiterate my acceptance to the general terms and conditions ";
  4. The Buyer shall indicate the address to which he wishes to be delivered and invoiced;
  5. The Buyer shall then choose the method of payment;
  6. The Buyer shall then agree to the terms and conditions by checking the box "I have read the terms and conditions of service and I adhere without reservation (Read Terms & Conditions)" and the "I reiterate my acceptance the general conditions of sale "and will have the ability to save these terms of sale by downloading;
  7. Then the Buyer will make payment.

Buyer warrants to the Company the veracity of the information provided when placing the order, in particular when creating an account, and undertakes to update the data on it, so they are always truthful.

Buyer is informed that in case of prolonged inactivity during the connection, it is possible that the selection of flights, packages or products chosen is no longer guaranteed. In this event, the Purchaser shall repeat steps from the beginning.

The Buyer is informed that he continues to cover all telecommunications costs enabling it to access the internet.

Buyer is informed that he has the ability to return to previous pages and correct errors and / or modify his order and the data provided, and before confirming their order. If an error in the input of information by the buyer would result in a delay in the delivery of ordered tickets, the Company shall in no case be held responsible.

4.2 Order Confirmation

The Buyer will receive an order confirmation by email, worth acknowledgment of the order.

The order confirmation will be sent to the email address provided by the Buyer when creating his account, and will be worth final confirmation of the order. The Buyer will not reverse its order for the change, once the order confirmed by email Society.

Buyer can track their order in the "Order Tracking" part in his personal space "my account"

4.3 Delivery

The notes, formulas or products will be delivered to the address provided by the Buyer when placing the order. The place of delivery will be located in France, in the DOM, TOM and abroad. The shipping costs will be different and specified in the order for each destination.

When the command has no decoration products, the Buyer can opt for email delivery of electronic tickets, without shipping costs.

The delivery time will be 24 to 48 hours after the order confirmation by email.

The delivery method will be: single post with the exception of balloons inflating package sent by 48 collissimo.

If the time of delivery, the envelope or package is damaged, torn or opened, the Buyer shall indicate the form of handwritten reserves on the delivery order.

These reservations must be confirmed to the Company by registered mail no later than two business days after receipt of the envelope or package. Requests for return of products from the company should be made within seven (7) days of delivery. Otherwise, they will not be accepted. Products must be returned in their original condition (packaging, accessories, manuals ...). In particular, the package of balloons filled with helium can not be assumed by the Company after opening and inflated, as regards non-reusable products.

Any claim not made in the rules defined above and on time will not be taken into account and release the seller from any vis-à-vis the buyer's responsibility.

In case of error of delivery or exchange any product for exchange or refund will be returned to the seller as a whole and in its original packaging, in Colissimo Recommended to the following address: Art Montgolfières 9 Le Petit Villeneuve - 41400 Saint Georges Sur Cher. Return costs are the responsibility of the seller.

The products sold are covered by a commercial guarantee to ensure compliance and to ensure repayment of the purchase price, replacement or repair of goods. It does not cover defects caused due to abnormal or improper use or resulting from a cause unrelated to the intrinsic qualities of products.
The above provisions do not preclude the application of the legal guarantee of conformity with Article L. 211-4 of the Consumer Code and warranty defects of the thing sold articles 1641 of the civil code . The buyer is expressly informed that the seller is not the producer of all products featured within the meaning of Law No 98-389 of 19 May 1998 concerning liability for defective products.

5. Cancellation

5.1 No right of withdrawal for the sale of flight tickets and travel packages Balloon entitled "Formulas"

The Company engaged in passenger transport and travel packages to sales activity, the Buyer will not have withdrawal in accordance with the provisions of 5 ° and 9 ° of I of article L.121-16-1 of the consumer code. The contract will then be considered final upon confirmation of the order by sending an email to the Company to the Buyer.

The ticket will be refundable, exchangeable except for "serenity" tickets to the conditions set forth herein.

5.2 Right of withdrawal for decorative products sold on the site

The Buyer has a right of withdrawal of fourteen (14) days from the delivery of the order.

The Purchaser may exercise the right of withdrawal:

  • using the form included at the end of these terms;
  • or by sending a letter to this effect to the Company Art Montgolfières, before the expiry of that period, to the following address: 9 Le Petit Villeneuve - 41400 Saint Georges Sur Cher. The withdrawal letter must specify the name, address, order number of the Buyer and the products that Buyer wishes to return to the Company.

A return number will be communicated to the Buyer, who will affix the product reference parcels.
If the Buyer exercises his right of withdrawal, he will return the products to the company, without undue delay and, at the latest within fourteen (14) days after sending the company of his decision to withdraw, and bear the postal cost of returning the goods. Buyer agrees to wrap the products so that they can not suffer damage during transport, and will assume full responsibility.

The Company will reimburse the Buyer when it has received the goods in good condition.

6. Payment

The price of the services offered for sale is indicated in euros and does not include shipping costs. shipping costs are added in the order depending on the ticket delivery address. The price in euros HT, the amount of taxes and shipping costs will be indicated on the "Shipping Costs". The Company reserves the right to change its rates at any time. The rate applicable to the Buyer will be the rate in effect at the time of confirmation of the order.

Payment must be made by the Purchaser through the following payment methods: Credit Card, Paypal, Bank Transfer or check, Holiday vouchers.

Groups of at least ten (10) persons, the Regulation will be staggered over time with a payment of a deposit of fifty (50) percent at booking, the balance to be paid in full at least twenty two (22) days before the flight. The final number of participants must be stopped at that time and will be the basis for final billing. This number will be confirmed at the last payment.

7. Reservation flight

Each holder of an open ticket showing flight date as the expiry date of the ticket can book a flight on a date closer to the latter, indicating the day and time desired. Reservations must be made at least fifteen (15) days before the intended date of flight.

The flight can be booked, subject to availability:

  1. On the website of the Company;
  2. Company office with, at: 9 Le Petit Villeneuve - 41400 Saint Georges Sur Cher;
  3. By telephone at +33 (0) 2 54 32 08 11.

The day before the scheduled date for the flight, between 15h and 18h, the passenger must make contact by telephone with the Company at the telephone number shown above to have confirmation of the time and place of rendezvous provided, and the feasibility of the flight. If weather uncertainty, they will be asked later to recontact the Company.

Flight confirmation is the number specified on the flight ticket or the appointment confirmation email.

The Buyer retains the ability to change the date of flight for free until the eighth day before that date, subject to availability for the new date chosen.

8. Cancellation of a flight

The Company, by decision of its pilot, reserves the right to switch off site but also to cancel a flight to take-off, due to bad weather, unfavorable wind directions or technical incident involving passenger safety and that of his driver.

The Company is not liable for any costs incurred by customers in case of cancellation of a flight by the Company.

When the cancellation of a flight is from the decision of the Company to weather or safety reasons related to flight, passengers must rebook on another flight in accordance with these terms and not in any case be refunded the amount of the ticket, unless bought a "serenity" ticket.

The ticket "serenity" is the only ticket refundable in case of cancellation of the flight to weather or safety reasons related to flight. It can be refunded upon written request to the Company's office at: 9 Le Petit Villeneuve - 41400 Saint Georges Sur Cher.

9. Conditions boarding

No one has the right to board a hot air balloon of the Company without holding a valid and registered flight ticket.

The identity of the buyer will be checked before boarding. It will accordingly present the pilot with a valid ID.
As an air passenger carrier, the Company is subject to the conditions set forth in the Warsaw Convention. The drivers of the Company are the sole command and as such they have authority over all persons on board. They have the right to refuse to embark or disembark any person among the passengers that could endanger the safety, health or good order of the device.

10. Flight conditions

The flight is fully subject to the weather, the Company does not guarantee any circuit or path. The average duration of a flight is one hour. The driver reserves the right to modify the duration, place of departure, the appointment time and everything related to flying. The missions are conducted under VFR (visual flight, as defined by the regulations of the General Directorate of Civil Aviation). The passenger must bring adequate clothing and footwear. The heels are prohibited. The hats are recommended. Only small personal items are allowed on board (camera, purse) excluding baggage. The passenger must comply with safety rules that are recalled to it by the driver before boarding. As such, it is strictly forbidden to smoke in and around the Balloon inflations during operations, flight and storage of the ball.

11. Restrictions

The Company is not qualified to judge the fitness and the ability of passengers to fly. These can take advice from their doctor.

Passengers with serious medical problems or who have had surgery will not be accepted into the boat without a medical certificate declaring them fit to hot air balloon rides. The pods are not fitted with seats.

The following persons are not allowed to flights:

  • pregnant women;
  • children under six.
  • any person under alcohol or drug influence.

Children under twelve (12) years must be accompanied by an adult with a maximum of one adult to five (5) children. He owned and the responsibility of accompanying adults to communicate the exact age of the child. People with disabilities must be accompanied by a valid adult, being indicated that the balloons are not equipped with door that can accommodate a wheelchair.

Pets are not allowed in flight.

12. Insurance

The Company is hedged for passengers when their balloon flight, in accordance with the Civil Aviation Authorities.

The cost of insurance covering passengers under the Civil Liability aircraft are included in the ticket price.

The risks are borne in amounts comparable to those required by the Warsaw Convention, in terms of passenger air transport.

Objects taken by passengers are not taken into account by the insurance of the Company, nor the damage to clothing, or in case of intentional injury or suicide, unless proven fault of the Company. The Buyer shall accordingly be especially vigilant about their belongings. Passengers are however free to make additional insurance if deemed necessary.

13. Subcontractors

The company reserves the right to use subcontractors to perform Balloon flights. All subcontractors partners are accredited by the French Civil Aviation.

14. Personal data

Buyer is informed that personal data submitted during the creation of his account on the Site are subject to processing by the Company for purposes of administrative, commercial and for statistical. This treatment has been declared to the Commission Nationale Informatique et Libertés (CNIL).

When creating an account, the Purchaser shall in particular take their telephone details. Buyer is informed that he can register for free on an opposition list in telephone solicitation from an organization responsible for the management of the Opposition list in telephone canvassing.

According to the Law "and Freedoms" of 6 January 1978, the Buyer has the right to access, rectify and delete data concerning him, by sending a written request to this effect to the following address: Art Montgolfières, 9 Le Petit Villeneuve - 41400 Saint Georges Sur Cher.

The Company reserves the right to submit to the Buyer a newsletter and commercial offers from the Company or inform the special operations conducted by the Company by e-mail sent to the address provided by the Buyer on the Site. If Buyer does not wish to receive such offers, it may at any time oppose it by clicking a web link provided for this purpose in emails commercial prospecting.

The Buyer is required to correct or update the data that is inaccurate, incomplete or outdated, failing which the order may not be considered or honored on time, and the Company does not incur liability this title.

Buyer is informed about the use of cookies that conserve memory pages visited by the Buyer. Buyer may refuse the presence of cookies by following the instructions found on the CNIL's website available at: www.cnil.fr.

15. Intellectual Property

The Site and its contents, including trademarks, logos, images, drawings, models, texts, photographs, graphic charts, databases are proprietary, full, of the Company. Any reproduction, distribution, operations, marketing, use of any of the elements present on the Site, or any part of the Site is strictly prohibited.

The Purchaser prohibits any act of infringement, unfair or abusive competition for the Company.

16. Hyperlink

The insertion of a hypertext link to the Site requires obtaining the prior written consent of the Company. In any case, the link should point only to the home page of the Site.

17. Force majeure

The obligations of the Company will be suspended in case of force majeure without the Purchaser can not engage the responsibility of the Company./p>

Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of courts and tribunals French: total or partial strikes, internal or external to the company, including postal services, lockout , bad weather, epidemics, earthquake, fire, storm, flood, water damage, blockage of telecommunications, blocking the internet, governmental or legal restrictions, legal or regulatory changes forms of marketing, and other independent case the express will of the parties preventing normal execution of this contract.

18. Limitations of the Internet

The Buyer acknowledges having knowledge of the characteristics and limitations of the Internet, for viruses, and possible misuse of the data by the Buyer due to piracy, the Company shall not be responsible. It is the same in case of difficulties of access to the Site or malfunction of the Site, including related to piracy. The Company reserves the right to interrupt the services as part of maintenance.

19. Agreement of proof

Buyer acknowledges and agrees that the information in the computer systems of the Company have the same probative value as paper documents, as regards the signing of the order by the Buyer and acceptance of these terms and conditions.

20. Independence of the General Conditions

If any provision of these terms were to be declared void or unenforceable due to a court decision or the application of a law or regulation, the remaining provisions of these terms remain in force.

If these terms were brought to be translated, in case of doubt about the interpretation or validity of their versions translated into another language, the French version shall prevail.

21. Governing Law

These general conditions are subject to French law.

Appendix 1 - Form of withdrawal

Please complete and return this form only if you wish to withdraw from the contract to the attention of Art Montgolfières, 9 Le Petit Villeneuve - 41400 Saint Georges Sur Cher - Fax.: 02 54 32 44 96; email: charles@art-montgolfieres.fr

I / We (*) notify (*) by this letter / email my / our (*) Cancellation of the contract for the sale of the property (*) / for the provision of services (*) below:
Ordered on (*) / received (*):
Name(s) Consumer(s):
Address (of) consumer(s):
Signature (of) consumer(s) (only if notification of this form on paper):
(*) Delete as appropriate.

Appendix 2 - Article R211-3 to R211-11 of the Tourism Code applicable to the sale of tourist packages

Article R211-3

Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel and holiday services give rise to the provision of appropriate documents meeting the rules defined by this section.

In case of sale of air tickets or tickets on regular line not accompanied by services related thereto, the seller delivers to the purchaser one or more tickets for the entire trip, issued by the carrier or under his responsibility. In the case of transport on request, the name and address of the carrier for whom the tickets are issued must be mentioned.
The separate billing of various components of a package does not release the seller from the obligations placed upon it by the regulatory provisions of this section.

Article R211-3-1

The exchange of pre-contractual information or the provision of contractual conditions is carried out in writing. They may be electronically under the conditions of validity and exercising provided for in articles 1369-1 to 1369-11 of the civil code. Mentioned the name or business name and address of the seller and the indication of its registration in under a of Article L. 141-3 or, if applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of Article R. 211-2.

Article R211-4

Prior to the conclusion of the contract, the seller must provide the consumer with information on prices, dates and other aspects of the services provided during the trip or stay such as:

  1. The destination, means, characteristics and categories of transport used;
  2. The accommodation, its location, level of comfort and its main features, its approval and tourist classification corresponding to the regulations or customs of the host country;
  3. The meals provided;
  4. The description of the itinerary in the case of a tour;
  5. Administrative and health formalities to be completed by national or by nationals of another member state of the European Union or a State party to the Agreement on the European Economic Area in the event, in particular, border crossing and their times of completion
  6. The visits, excursions and other services included in the package or available at an additional cost;
  7. The minimum or maximum size of the group for the trip or stay and, if the journey or stay is subject to a minimum number of participants, the date for informing the consumer in the event of trip cancellation 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 on the contract and the balance of the payment schedule;
  9. The price review procedures as specified in the contract pursuant to Article R. 211-8;
  10. The contractual terms of cancellation;
  11. Cancellation defined in Articles R. 211-9, R. 211-10 and R. 211-11;
  12. The information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain special risks, including repatriation costs in case of accident or illness;
  13. When the contract includes air transportation, information for each flight leg, under Articles R. 211-15 to R. 211-18.

Article R211-5

The prior information to the consumer binds the seller, unless in it the seller has expressly reserved the right to modify certain elements. The seller must, in this case clearly indicate to what extent these changes may occur and what elements.

In any event, the changes to the prior information must be communicated to the consumer before conclusion of the contract.

Article R211-6

The contract

The contract between the seller and the buyer must be in writing, in duplicate, one of which is delivered to the buyer, and signed by both parties. When the agreement is concluded electronically, shall be applied articles 1369-1 à 1369-11 of the civil code. The contract must include the following clauses:

  1. The name and address of the seller, its guarantor and insurer and the name and address of the organizer;
  2. Destination or destinations of the trip and, in case of a holiday, the various periods and their dates;
  3. The means, characteristics and categories of transport used, the dates and places of departure and return;
  4. The accommodation, its location, level of comfort and main characteristics and tourist classification under the regulations or customs of the host country;
  5. The meals provided;
  6. The itinerary is a tour;
  7. The visits, excursions or other services included in the total price of the trip or stay;
  8. The total price of services invoiced and the indication of any possible revision of this invoicing under the provisions of Article R. 211-8
  9. The indication, if applicable, royalties or fees for certain services such as landing taxes, embarkation or disembarkation at ports and airports, tourist taxes when they are not included in the price of the service or services provided;
  10. The timing and terms of payment; the last payment made by the buyer will be less than 30% of the travel or holiday and must be made upon delivery of the documents enabling the trip or stay;
  11. The special conditions requested by the buyer and accepted by the seller;
  12. The manner in which the purchaser may make the seller a complaint for non-performance or improper performance of the contract, which complaint must be sent as soon as possible, by any means capable of producing a receipt to the seller, and, if any, reported in writing to the organizer of the trip and service provider concerned;
  13. The deadline for informing the buyer in case of cancellation of the trip or stay by the seller in case the journey or stay is subject to a minimum number of participants, in accordance with 7 of Article R. 211-4;
  14. The contractual terms of cancellation;
  15. The cancellation conditions of Articles R. 211-9, R. 211-10 and R. 211-11;
  16. Details concerning the risks covered and the amounts guaranteed under the insurance contract covering the consequences of the professional liability of the seller;
  17. Indications concerning the insurance contract covering the consequences of certain cases of cancellation subscribed by the purchaser (policy number and name of insurer) and those concerning the assistance contract covering certain risks, including costs repatriation in case of accident or illness; in this case, the seller must give the buyer a document specifying at least the risks covered and the risks excluded;
  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 the scheduled departure, the following information:
    • The name, address and telephone number of the seller's local representative or, failing that, the names, addresses and telephone numbers of local organizations likely to help the consumer in case of difficulty or, failing that, the number call to establish urgently a contact with the seller;
    • For trips and stays of minors abroad, a telephone number and an address for direct contact with the child or the person's place of residence;
  20. The termination clause and reimbursement without penalties of the sums paid by the buyer for non-compliance with disclosure requirement in paragraph 13 of Article R. 211-4;
  21. The commitment to provide to the buyer, in good time before the start of the trip or stay, the hours of departure and arrival.

Article R211-7

The purchaser may transfer his contract to a transferee who meets the same conditions as him for the trip or stay, as long as the contract has no effect.
Unless more favorable to the transferor, the latter must inform the seller of his decision by any means capable of producing a receipt not later than seven days before the start of the trip. When is a cruise, this period is extended to fifteen days. This transfer is not subject, in any case, prior authorization of the seller.

Article R211-8

When the contract includes an express possibility of price revision, within the limits laid down in Article L. 211-12, it must mention the precise means of calculation, both upward and downward price changes, in particular the amount of transport costs and related taxes, the currency or currencies that may affect the price of the trip or stay, the share price at which the variation applies, the price of the currency or currencies used as a reference when establishing the price stated in the contract.

Article R211-9

When, before 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 when it disregards the obligation of information referred to in 13 of Article R. 211-4, the buyer may, without prejudice to recourse to redress any loss suffered, and after having been informed by the seller by any means allowing him to obtain an acknowledgment:

  • either terminate the contract and obtain without penalty the immediate refund of amounts paid;
  • or accept the change or replacement trip offered by the vendor; a rider to the contract specifying the changes made is then signed by the parties; any reduction in price is deducted from any amounts remaining due by the purchaser and if the payment already made by the latter exceeds the price of the modified service, the excess must be refunded to him before his departure date.

Article R211-10

In the case provided for in Article L. 211-14, when, before the departure of the buyer, the seller cancels the trip or stay, he must inform the buyer by any means allowing to obtain an acknowledgment of reception; the buyer, without prejudice to recourse for compensation for any loss suffered, obtains from the seller immediate reimbursement without penalty of the sums paid; the buyer receives, in this case, compensation at least equal to the penalty he would have supported if the cancellation had been made of her at that time.
The provisions of this Article shall in no case impede the conclusion of an amicable agreement for the acceptance by the purchaser of a replacement trip or holiday offered by the seller.

Article R211-11

When, after the departure of the buyer, the seller is unable to provide a major 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 measures without prejudice to recourse for compensation for any damage suffered:

  • either offer services to replace the planned services, bearing any additional cost and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him, upon his return, the price difference;
  • or, if he can not offer any replacement service or if they are refused by the purchaser for valid reasons, provide the purchaser, at no extra cost, transport tickets to ensure his return in conditions can be considered equivalent to the place of departure or to another place accepted by both parties.

The provisions of this Article shall apply in the event of non-compliance with the requirement in 13 of Article R. 211-4.

Annexe 3 - Legal guarantees for the sale of products

Consumer Code:

Article L211-4

The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery.

Article L211-5

To comply with the contract, the product must:

  1. Be fit for the purpose usually associated with such a product and, if applicable:
    • match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model;
    • The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
  2. Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.

Article L211-6

The seller is not bound by public statements of the producer or his representative if it is established that he did not know and was not legitimately not wrong.

Article L211-7

The lack of conformity which becomes apparent within six months from delivery of the goods are presumed to exist at the time of delivery, unless proved otherwise.

The seller can rebut this presumption if it is not compatible with the nature of the good or the defect invoked compliance.

Article L211-8

The buyer is entitled to demand compliance with the contract. It can not however challenge compliance by invoking a defect he knew or could not ignore when contracted. This applies even when the defect originated in the materials he has himself provided.

Article L211-9

In case of lack of conformity, the buyer chooses between the repair and replacement of the property.

However, the seller may not proceed according to the buyer's choice if the choice involves a manifestly disproportionate cost in relation to the other terms, given the property value or importance of the defect. It is then required to make, where possible, according to the modality chosen not by the purchaser.

Article L211-10

If repair and replacement, are impossible, the buyer can make good and get refund the price or keep the property and to the return of part of the price.
The same option is open to him:

  1. If the requested solution, proposed or agreed pursuant to Article L. 211-9 can be implemented within a month after the claim of the buyer;
  2. Or if this solution can not be without great inconvenience to it given the nature of the property and use that research.

The resolution of the sale can not however be imposed if the defect is minor.

Article L211-11

The application of the provisions of Articles L. 211-9 and L. 211-10 takes place at no cost to the buyer.
Those provisions do not preclude the allocation of damages.

Article L211-12

The action resulting from lack of conformity lapses two years after delivery of the goods.

Article L211-13

The provisions of this section shall not deprive the buyer of the right to bring an action resulting from latent defects as resulting from articles 1641 to 1649 of the Civil Code or any other action of contract, tort Nature's recognized by the law.

Article L211-15

Commercial guarantee means any contractual commitment of a professional with regard to the consumer for refund of the purchase price, replacement or repair of the property, in addition to its legal obligations to ensure compliance good.
The commercial guarantee is the subject of a written contract, a copy is delivered to the buyer.
The contract specifies the content of the guarantee, the modalities of its implementation, price, duration, territorial scope and the name and address of the guarantor and reproduced in Article L. 211-16.
In addition, it mentions clearly and precisely that, irrespective of the commercial guarantee, the vendor remains liable for the legal guarantee of conformity as mentioned in Articles L. 211-4 to L. 211-13 of this code and from that relating to defects of the thing sold, as provided in sections 1641 to 1648 and 2232 of the civil code. Articles L. 211-4, L. 211-5 and L. 211-12 of the Code and Article 1641 of the first paragraph of Article 1648 of the Civil Code are reproduced.
In case of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely.

Article L211-19

The after-sales services performed by the seller and not under the commercial guarantee referred to in Section 3 are subject to a contract, a copy is delivered to the buyer.

Civil Code:

Article 1641

The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not have bought it or not have paid a lower price if he had known.

Article 1642

The seller is not required to apparent defects which the buyer was able to convince himself.

Article 1643

It is bound for latent defects, even if he would not have known, unless, in this case, it is stipulated that he will be obliged to any warranty.

Article 1644

In the case of articles 1641 and 1643, the buyer has the choice to make the thing and get refund the price, or keep the thing and be make part of the price, as it will be refereed by experts.

Article 1645

If the seller knew the defects of the thing, he is bound only to restore the price he received, all damages to the buyer.

Article 1646

If the seller knew the defects of the thing, it will be required to restore the price, and repay to the purchaser the costs of the sale.

Article 1647

If the thing had perished vices due to its poor quality, the loss is for the seller to be liable to the buyer for the return of the price and other compensations explained in the previous two articles.
But the loss came by accident will be for the account of the buyer.

Article 1648

The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, in the year following the date on which the seller may be discharged defects or apparent lack of conformity.

Article 2232

The postponement of the start, suspension or interruption of limitation shall not have the effect of increasing the period of extinctive prescription beyond twenty years from the day of birth of the right.
The first paragraph does not apply in the cases mentioned in Articles 2226, 2227, 2233 and 2236, the first paragraph of Article 2241 and Article 2244. It does not apply to actions relating to status of persons.

Appendix 4 - Risks covered and amount of coverage of insurance contracts

Liability Insurance under the operation of aircraft - Aerial The meeting contract 2014/10577

Professional liability insurance of the organizer and stays seller - AXA No. 3406640304