GENERAL AND SPECIAL TERMS AND CONDITIONS OF SALE
GENERATION VOYAGEURS is a French simplified joint-stock Company (SAS, société par actions simplifiées) whose registered office is situated in 4 allée des banquiers – 13290 Aix-en-Provence (France) and identified at the Aix-en-Provence Trade and Company Register under the number 817 435 258. GENERATION VOYAGEURS holds a registration document IMO 13160002 issued by Atout France – French Register of Tour and Holiday Operators (79/81 rue de Clichy 75009 Paris), and has taken out a financial guarantee with ATRADIUS Credit Insurance NV. 44 (avenue Georges Pompidou 92596 Levallois-Perret Cedex). Through the insurance intermediary Add Value Assurance (4 rue Lamennais 75008 Paris), GENERATION VOYAGEURS has taken out a professional liability insurance with HISCOX, No HRCP 100395 to cover the consequence of its professional civil liability for an amount of coverage for all types of damages per claim and per year up to an amount of 1 500 000 €.
GENERATION VOYAGEURS operates its travel agency activities under the trade name “FRENCH SIDE TRAVEL.”
FRENCH SIDE TRAVEL is a travel agency specialized in customized package travels in France and the Lesser Antilles (French West Indies).
By using this website and purchasing package travel services offered by FRENCH SIDE TRAVEL, the customer accepts these General and Special Terms and Conditions of Sale, supplemented by the Special Terms and Conditions of Sale applied by the respective service provider, in the entirety of their provisions.
By ticking the box of the booking form provided for this purpose as an online form or a paper form, the customer agrees that he or she has fully acknowledged the chosen product description, these General and Special Terms and Conditions of Sale, supplemented by the Special Terms and Conditions of Sale applied by the respective service provider for the booked service.
In the event of any conflict between the General and/or Special Terms and Conditions of Sale and the Contract entered into between the Customer and FRENCH SIDE TRAVEL, the provisions of the Contract shall prevail.
GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale govern the sales of trips and package travels offered on the website of FRENCH SIDE TRAVEL in accordance with the Articles L.211-1 and R.211-1 of the French Tourism Code (Code du tourisme).
Pursuant to the Articles L. 211-8 and R. 211-4 of the French Tourism Code (Code du tourisme) all precontractual information is brought to the traveler’s attention by means of a standard information form drawn up by joint order of the French Minister of Tourism and the French Minister for Economic Affairs and Finance, as reproduced hereafter:
Standard Information Form for Package Travel Contracts
The combination of travel services offered to you is a package travel within the meaning of the Directive (EU) 2015/2302 and Article L.211-2 II of the French Tourism Code (Code du tourisme). You will therefore benefit from all the rights granted by the European Union applicable to package travels, as transposed into the French Tourism Code (Code du tourisme). FRENCH SIDE TRAVEL will be fully responsible for the proper performance of the package travel as a whole.
In addition, as required by law, FRENCH SIDE TRAVEL has taken out a protection against insolvability in order to reimburse your payments and, if transportation is included in the package travel, to ensure your repatriation in case it becomes insolvent.
Please find further information on your essential rights under the (EU) Directive 2015/2302 as transposed into the French Tourism Code (Code du tourisme) on the website: https://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006074073&dateTexte=20180704
By clicking on the hyperlink, the traveler will receive the following information:
– The traveler’s essential rights as defined by the (EU) Directive 2015/2302 and transposed into the French Tourism Code (Code du tourisme).
– The traveler will be informed of the essential characteristics of the package travel before entering into the travel contract.
– The organizer and the retailer are responsible for the proper performance of all travel services included in the contract.
– The traveler will receive an emergency phone number or the address and phone number of a contact point or a contact person in order to get in touch with the organizer or the retailer.
– The traveler may transfer his or her contract to a transferee upon reasonable notice, this transfer may be subject to additional charges.
– Where the contract expressly reserves the right to increase the price, the price of the package travel may only be increased if there is an increase of specific costs (e.g. gasoline prices); in any event, the price cannot be revised less than twenty days before the start of the package travel. If the price increase exceeds 8% of the travel price, the traveler may terminate the contract. If the organizer reserves the right to increase the price of the package travel, the traveler is entitled to a price reduction in case of reduction of the associated costs.
– The traveler may terminate the contract without application of cancellation fees and will be fully refunded of all payments made if one material element of the package travel, other than the price, is subject to a significant amendment. If the organizer cancels the package travel before the start of the trip, the traveler is entitled to full refund, as well as compensation, if applicable.
– In the event of unavoidable and extraordinary circumstances such as serious security problems at the place of destination likely to have an impact on the package travel, the traveler may terminate the contract before the start of the travel package, without application of cancellation fees.
– Moreover, the traveler may, at any time before the start of the package travel, terminate the contract in return for payment of an appropriate cancellation fee.
– Where after the start of the travel package material elements thereof cannot be complied as scheduled, the organizer must propose appropriate alternative services, without application of any price increase. The traveler may terminate the contract, without application of cancellation fees, if the services cannot be performed in compliance with the contract and alter a significant part of the travel package, and where the organizer fails to find remedy.
– In case of non-performance or poor performance of the travel services, the traveler is entitled to a price reduction and/or compensation.
– The organizer or the retailer are obliged to provide assistance if the traveler is in difficulty.
– If the organizer or the retailer become insolvable, the payment made by the customer will be refunded. If the organizer or the retailer become insolvable after the start of the package travel, and transportation is included therein, repatriation must be ensured. The TRAVEL AGENCY and the TECHNICAL ORGANIZER have taken out a protection against insolvability. The traveler can contact this protection if services are refused due to the insolvability of the TRAVEL AGENCY and the TECHNICAL ORGANIZER.
Customer: refers to any natural or legal person who books, orders or buys a service proposed by the agency such as service provision of plane tickets, accommodation, car rental, rental of holiday homes, package travels, or any other services.
Organizer: refers to the company performing the service of transportation and/or tourism bought by the customer for the benefit of the travelers.
Agency: refers to the legal person distributing the offers of the organizers.
Traveler: refers to the natural persons and travel participants who benefit from the provision of transportation, tourism, accommodation or rental services.
Online Booking: refers to the bookings made by the customer on the website of XS VOYAGES by means of a computer, a tablet, a smartphone or any other electronical device enabling to browse the internet such as smart TV or game consoles. All bookings made with the assistance of call centers (numbers XS – XS€/min + call charge) will automatically be directed to an online booking.
Individual Contract: the individual contract is composed of the various contractual documents set out in these General Terms and Conditions of Sale, it defines the Terms and Conditions for the provision of the travel contract, namely the standard information form for the package travel contract, the travel quote, the Special Terms and Conditions of Sale, and the travel contract.
SPECIAL TERMS AND CONDITIONS OF SALE
These Special Terms and Conditions of Sale must be disclosed to the customer prior to the entering into a sales contract and are part of the preliminary information referred to in Article R211-6 of the French Code of Tourism (Code du tourisme).
These Special Terms and Conditions of Sale are available on the website of FRENCH SIDE TRAVEL and will be updated in the event of any content changes.
By using the website of FRENCH SIDE TRAVEL the customer accepts these Special Terms and Conditions of Sale, supplemented by the Special Terms and Conditions of Sale for the service provided by the respective supplier, in the entirety of their provisions.
Pursuant to the Articles L.121-A16-1 and L.121-21-8 of the French Consumer Code (Code de la consommation), the consumer rights do not provide a cooling-off period for travel contracts.
1–TRAVEL BOOKING PROCEDURES
FRENCH SIDE TRAVEL has chosen a booking procedure “on- demand.” Consequently, all quotes are subject to the availability of the services requested by the customer.
The customer expresses his or her requests by completing the quote request form available on the website: www.frenchsidetravel.com
Upon receipt of this duly completed quote request form, FRENCH SIDE TRAVEL will send a quote to the customer, the quote is subject to the availability of the requested services.
If the customer wants to book the requested package travel, FRENCH SIDE TRAVEL will send him or her a booking form to be completed and confirmed.
Upon receipt of this booking form, FRENCH SIDE TRAVEL will check the availability of the trip or package travel. If the trip or package travel is available, the customer will be informed thereof by FRENCH SIDE TRAVEL by email.
In order to book the requested services, the customer must pay a deposit, or the total travel price, as indicated in the quote and set out in article 7 of these Special Terms and Conditions of Sale.
Upon receipt of payment, FRENCH SIDE TRAVEL will proceed with the firm booking and will send the invoice to the customer.
If the package travel is not available, the customer will be informed thereof by FRENCH SIDE TRAVEL by email, and the booking will be cancelled; the customer will be reimbursed of all payments made as set out in article 7 of these Special Terms and Conditions of Sale, without application of any compensation. However, FRENCH SIDE TRAVEL will endeavor its best efforts to make a counterproposal of equivalent services and will send a new proposal with a new quote to the customer.
The booking of a package travel will be effective upon receipt of a deposit or the total travel price through the secure payment system used by FRENCH SIDE TRAVEL or via bank transfer pursuant to article 7 of these Special Terms and Conditions of Sale.
2 – TRAVELERS WITH SPECIAL NEEDS
2.1. OBLIGATION OF INFORMATION ON THE PART OF THE CUSTOMER
The customer must inform FRENCH SIDE TRAVEL, in writing and prior to the booking, of any special needs that may concern him or her personally (or any other traveler participating in this trip) likely to have an impact on the travel procedure: needs for special assistance applying to persons with reduced mobility (whether in a wheel chair or not), accompanying animals, oversize luggage etc. (Please note: if the service providers accept a customer accompanied by an animal, the customer must provide an updated international certificate of vaccination). More generally, the customer is obliged to inform the agency in writing of all special requests and needs.
2.2. LEGAL CAPACITY/MINORS:
Each person purchasing a trip, a travel package, or any other travel service must be at least 18 years of age and legally capable of contracting. Each person entering into an electronic contract with FRENCH SIDE TRAVEL must guarantee the validity of the information provided and is personally liable for each person registered on the same booking form. Accompanied minors must provide the following documents: a national identity card (namely for the member states of the European Union, the Schengen Area and Switzerland), or a passport, or a passport with a valid visa. Please ensure that you are in possession of the mandatory documents for the minor under your care (family register, national identity card or passport). During the entire trip the minor traveler must carry the contact details of his or her parent(s) or legal guardian (name, address, phone numbers) in order to ensure that the parent(s) or the legal guardian can be contacted directly.
All booking requests for minors traveling non-accompanied by their parent(s) or legal guardian are subject to the prior authorization of FRENCH SIDE TRAVEL and are legally bound to be signed by the father, the mother or the legal guardian bearing the mention “in agreement with the father, the mother or the legal guardian.” Moreover, before entering into the contract, the contact dates of the adult person accompanying the minor during the trip (or if necessary, those of the minor) will have to be communicated to FRENCH SIDE TRAVEL in order to enable it to make direct contact with the minor or the responsible adult, if necessary.
2.3. PERSONS WITH REDUCED MOBILITY:
Persons with reduced mobility must consult with FRENCH SIDE TRAVEL whether the requested trip is suitable to their situation and special needs, and to ensure that all necessary services are covered by the precontract or the travel contract. The agency will provide detailed information thereof only upon prior and explicit request on the part of the customer.
3 – SPECIAL CONDITIONS OF OUR TRAVEL OFFERS
3.1. Only the services indicated on the website www.frenchsidetravel.com are regarded as contractual. All our travel offers (unless otherwise specified) provide accommodations in double rooms (two persons). If available, FRENCH SIDE TRAVEL may provide a single room at an extra charge. In case of contradiction between information on our travel offer in our brochure and information on our website, the latter will prevail.
3.2. A guarantee deposit may be requested at the place of destination, namely for the rental of accommodation and equipment. If the customer agrees to conclude a deposit contract directly with the service provider, FRENCH SIDE TRAVEL cannot be held liable for such deposit contracts and has no control thereof. This deposit has the sole purpose to restitute the accommodation or the equipment in good condition at the end of the rental of accommodation or equipment.
3.3. Regarding the rental of vehicles (cars, bikes…), the conditions of the rental service suppliers will apply, except in case of changes or cancellations as provided for in Article 9 hereafter.
4 -TERMS AND CONDITIONS APPLICABLE TO CERTAIN PACKAGE TRAVELS
The performance of certain travel packages is subject to a minimum number of travelers participating in this trip, detailed information thereof is provided on the price list of the relevant trip. In case of an insufficient number of participants as requested for the performance of the trip, the trip may be cancelled in accordance with Article L.211-14-III of the French Tourism Code (Code du tourisme).
5 – RIGHT FOR ASSISTANCE WITHOUT SURCHARGE FOR PHONE CALLS AND IMPLEMENTATION
5.1. Implementation of phone assistance without surcharge for phone calls
FRENCH SIDE TRAVEL puts at the disposal of its customers a phone number without surcharge for the exclusive use of the follow-up of the order processing. This phone number is indicated on all corporate documents of FRENCH SIDE TRAVEL; for phone calls off business hours, a phone number is indicated on the vouchers sent to the customer by email. When using this phone assistance without surcharge, the customer must indicate the order number, and will use it exclusively for the follow-up of the order.
5.2. Follow-up of the order processing:
The follow-up of the order processing means the confirmation of the order by email to the receipt by the customer of all documents necessary for the effective performance of the order (airport notification, e-tickets, vouchers for hotel services, car rental, accommodation etc.).
6 – PRICES
6.1. The prices of trips and travel packages published on our website www.frenchsidetravel.com will be confirmed upon booking. These prices may be subject to errors or omissions. They are indicated in euros. After the customization of your trip including your choice of dates and services, the travel price will be indicated in your personal quote issued by FRENCH SIDE TRAVEL with a validity date. All quotes are subject to the availability of the services proposed. In order to book these services, the customer must pay a deposit as set out in his or her personal quote. If a booking cannot be complied by FRENCH SIDE TRAVEL due to the non-availability of the chosen product, the customer will be informed thereof by FRENCH SIDE TRAVEL by email; the booking will be cancelled and all amounts paid for this booking will be immediately reimbursed to the customer, without application of any other compensation.
6.2. Travel duration:
FRENCH SIDE TRAVEL assumes that the first and the last day of the trip are entirely used for transport, notwithstanding the fact that these days may as well include travel services such as accommodation, meals, visits etc. The price calculation is based on the number of overnight stays at the place of destination and does not take into account the number of entire days.
With the exception of specific requests, the travel package does not include any other meals but breakfast.
In case of specific meal requests:
The half-board package includes breakfast and one meal (generally dinner) for a hotel accommodation, without beverages.
The full board package includes breakfast, lunch and dinner for a hotel accommodation, without beverages. All additional meals served must be paid on-site; any meal not consumed due to the plane schedule or any other reasons will not be reimbursed.
The mentions “all inclusive” or “all-in arrangement” refer to the description of services offered by organizers operating under the labels of “all inclusive” or “all-in arrangement” and are limited to the services described.
Warning concerning the package travels “all inclusive”: alcoholic beverages are to be consumed in moderation and are prohibited for minors, any alcohol consumption by a minor is the full responsibility of his or her parent(s) or accompanying adult(s).
The customer must inform FRENCH SIDE TRAVEL if he or she wishes special meals during his or her stay.
6.4. Upon invoicing, the travel price is binding and payable in euros. However, in accordance with the provisions of Article L.211-12 of the French Tourism Code (Code du tourisme), it is expressly provided for that FRENCH SIDE TRAVEL may make upward or downward price adjustments in case of alteration of the economic situation, at the latest 20 days before departure. In this case, the price modification may have an impact on the total amount of the travel price. If the increase of the travel price exceeds 8% of the initial price fixed in the travel contract, the customer may terminate the said contract and may be reimbursed of the amounts already paid, provided that the customer informs FRENCH SIDE TRAVEL within seven days after receipt of this notification of price increase delivered to the customer by registered letter enabling an acknowledgement of receipt. In lack of such notice, it shall be deemed that the customer accepts this price increase.
If one or more traveler(s) registered on the same booking form cancel(s) the trip, the trip may be maintained, provided that the travelers have paid FRENCH SIDE TRAVEL, before departure, the potential extra cost of the relevant services which may have altered due to the cancellation of one or more traveler(s). Any refusal on the part of the remaining registered traveler(s) to pay the price adjustment shall be deemed as cancellation on the part of the of the traveler(s) concerned, pursuant to the calculation basis of Article 9 hereafter.
6.5. The prices of optional and/or required services to be paid directly to the service provider on-site are listed on the website of FRENCH SIDE TRAVEL (e.g. tourist tax, cleaning service, rental of bedding and towels, baby’s crib, air conditioning, TV, internet connection, parking lot, pool, security deposit, charges, animals etc.). FRENCH SIDE TRAVEL is not liable for any price modifications made by the service provider for optional and/or required services.
6.6. The prices do not include processing fees for travel documents legally required (visa, passport etc.), as well as tips, donations of any kind, personal expenses, beverages or certain local taxes to be paid on-site, or voluntary insurances for luggage loss, cancellation and insurance assistance such as repatriation. FRENCH SIDE TRAVEL declines all responsibility for personal purchases on the spot.
7 – TERMS AND CONDITIONS OF PAYMENT
For all bookings of our package travels:
• More than 45 days before departure date a deposit of 40% of the total travel price is due, plus administrative fee and, as the case may be, the optional cancellation insurance or the insurance coverage the customer may have taken out; the balance must be settled 45 days before departure date, without the necessity of a reminder from FRENCH SIDE TRAVEL.
• Less than 45 days before departure date the total amount of the travel price is due, plus administrative fee, and, as the case may be, the optional cancellation insurance or the insurance coverage the customer may have taken out.
Please note the following terms and conditions: full payment is due (i) in the event of special prices (promotions, special operations…), (ii) for hotel and/or package services called “RER” (booking, ticket issuing and payment), (iii) for the purchase of TGV (French high speed train) tickets or regular airline tickets, and (iv) for services provided during local or bank holidays, carnivals, festivals and high season periods.
The balance of the travel price is to be paid, without any reminder from FRENCH SIDE TRAVEL, at the latest 45 days before departure. FRENCH SIDE TRAVEL will not confirm receipt of payment.
In case of bank transfer: make sure to send a proof of the bank transfer to FRENCH SIDE TRAVEL by email in order to assign your bank transfer payment to your file. In default of such proof, your payment cannot be registered. Please note: bank transfer payments can only be accepted and registered to your account if FRENCH SIDE TRAVEL receives them no later than 21 days before the start of your travel package.
Account holder: SAS GENERATION VOYAGEURS / FRENCH SIDE TRAVEL
Bank code: 11306
Sort code: 00010
Account number: 48113200238
Bank key: 14
Code BIC: AGRIFRPP813
IBAN: FR76 1130 6000 1048 1132 0023 814
Domiciliation: PRO AIX
In case of payment per check: checks must in all cases be sent to the head office of FRENCH SIDE TRAVEL by registered letter enabling acknowledgement of receipt. FRENCH SIDE TRAVEL declines all responsibility for checks sent by regular postal service.
In case of credit card payment (except Diners Club): the outstanding balance of the travel price will be automatically debited 45 days before departure date as set out in the booking form.
Any payment delay of the deposit or the outstanding balance is deemed as cancellation and will entail cancellation fees as provided for in Article 10 hereafter.
Any payments less than 21 days before the start of the travel package must be paid by credit card.
Please note: in line with the fight against credit or debit card fraud, FRENCH SIDE TRAVEL may be obliged to request from the customer, by any means whatsoever, a photocopy of the credit or debit card used for the payment of the order, as well as photocopies of the passport and/or identity card of the credit or debit card holder and the passport/or identity card of the passenger(s). If the customer does not reply, or in case the customer cannot be contacted within the proscribed time limits, the agency will not be able to process the order and the booking request will be cancelled free of charge.
Pursuant to the Articles L.133-8 and L. 133-17 of the French Monetary and Financial Code (Code monétaire et financier), the traveler agrees and accepts, that the commitment to pay by means of a credit or debit card is irrevocable. Consequently, any payment made by credit or debit card can only be blocked in cases of loss, theft or fraudulent use of the credit or debit card. Apart from these cases restrictively admitted by the legislator, the cardholder will be accused of credit or debit card fraud. The right to oppose payment can in no case be used to compensate for the absence of a cooling-off period which does not apply to the tourism sector.
If a customer is in default of payment and the services are not paid within the prescribed time period, namely before departure, the provision of travel services and travel documents will be automatically suspended by act of law and the costs incurred will be at the expense of the debtor customer. The confirmation of a booking is subject to the payment of the scheduled services within the initially fixed timescale and will bind FRENCH SIDE TRAVEL on this sole condition. Any delay or postponement of payment on due date will entitle FRENCH SIDE TRAVEL to a late payment indemnity as provided for in these General Terms and Conditions of Sale and will account for at least 2% of the amount due per month of delay.
8 – TRAVEL INFORMATION/REGULATORY TRAVEL DOCUMENTS
After settlement of payment, the travel documents (electronic transport tickets and/or vouchers for terrestrial services) will be sent to the customer’s email address. The customer will be notified in real time per email of any modifications and will be reminded to download the modified document. Please keep the printouts of these documents at hand during your trip and regularly consult your mail box. In default of information within 48 hours before departure or in the event of incomplete travel documents, the customer must immediately contact FRENCH SIDE TRAVEL.
8.1. Regulatory documents.
Before booking you must ensure that each traveler holds a valid passport or a national identity card for the planned trip appropriate to his or her personal situation and nationality, as well as any other document(s) (visa, family register) required by the local authorities for transiting or entering the country(s) of destination. As to citizens of the member states of the European Union and their family members, the right to free movement in the “Schengen Area” arises from the Directive 2004/38/CE1. Travelers of other nationalities must contact the competent embassies or consulates for travel information on the regulatory documents (such as visa etc.) and health certificates (such as an updated certificate of vaccination etc.) before booking and start of the trip. A traveler who cannot reach his or her destination because of missing documents, custom documents and/or health certificates is not entitled to claim any refund of his or her travel price. FRENCH SIDE TRAVEL is under no circumstances liable for the consequence of non-compliance with the police, customs or health regulations before departure or during the trip (i.eg. loss of identity documents and/or airline tickets…).
8.2. Information about security and health risks.
FRENCH SIDE TRAVEL advises the traveler to consult regularly the website of the French Interior Ministry: http://www.interieur.gouv.fr/. before departure and during the stay in France. This advice does not release FRENCH SIDE TRAVEL of its responsibility. Health risks: we advise our customers to consult regularly the website of the competent authorities www.sante.gouv.fr (French Health Ministry) and www.who.int/fr/ (World Health Organization) for all recommendations and health measures in case of risks, or, on request, please contact our consultants.
8.3. The itinerary of the package tours is nonbinding. The routes and stopovers may be changed, reversed, postponed or preponed according to local priorities. The names of the accommodations are nonbinding and may be replaced by other accommodations of equal or superior category. The customer’s check-in and check-out will comply with the customary practices of the international hotel business; in this regard no complaint or refund claim on the part of the customer will be taken into consideration.
8.4 Information on accommodation and services arising from sharing economy.
All services arising from sharing economy are provided by private persons that are no tourism professionals. If the customer accepts and agrees to book services provided by a private person accommodating him or her, sharing a meal or an activity with him or her, FRENCH SIDE TRAVEL will herein inform the traveler that these services may not be equivalent to those provided by a professional tourism supplier.
By accepting and agreeing to these Special Conditions of Sale, a traveler who chooses one or more services arising from sharing economy acknowledges this information.
9 – MODIFICATION / CANCELLATION
9.1. On the part of the customer:
• Any request for modification on the part of the customer concerning one or more travel services, after booking, but before the issuing of the personalized vouchers and/or tickets will be at the charge of the customer provided that FRENCH SIDE TRAVEL can satisfy this request and was reported to FRENCH SIDE TRAVEL no later than 45 days before departure date. Any modification or change of name after the issuing of travel tickets, regardless the date of modification, will be subject to penalty and/or modification fees in accordance with the Directives applied by the transport companies and will be at the charge of the customer.
• In compliance with the law, the customer may terminate the travel contract any time before the start of the travel package in return of payment of an appropriate cancellation fee.
• In the event of exceptional and unavoidable circumstances occurring at the place of destination, the customer may terminate the travel contract before the start of the travel package. In this case, the customer is entitled to full reimbursement of the total amount paid, without application of any additional compensation.
• Moreover, certain trips are subject to material amendments of the travel conditions on the part of the organizers. If the customer does not accept these amendments, the customer will be refunded of all deposits made.
Each request for cancellation or modification must be send to the agency chosen upon booking, by any written means enabling an acknowledgement of receipt. The effective date will be the date of a business day upon receipt by the agency.
Insurance. If you have to cancel your trip and want to make use of the insurance coverage taken out, you must inform your insurance company and FRENCH SIDE TRAVEL, by any written means enabling acknowledgement of receipt, as soon as the cause of cancellation occurs. The date of issue of the registered letter will be regarded as the cancellation date for the calculation and invoicing of the cancellation fee. Please note that your insurance company will calculate the reimbursement of the cancellation fees based on the supporting documents sent directly to its office, these documents must indicate the date of the cancellation cause. Please also note, that the insurance premium and the handling charge are neither refundable by FRENCH SIDE TRAVEL nor by the insurance company.
9.2. On the part of FRENCH SIDE TRAVEL:
•Besides the right to revise the price as provided for in Article 6 of these Special Terms and Conditions of Sale, FRENCH SIDE TRAVEL also reserves the right to unilaterally amend the Terms and Conditions of the Travel Contract before departure, as set out in Article L.211-13 of the French Tourism Code (Code du tourisme).
• If, before departure, one of the material elements of the travel contract cannot be performed due to an external event arising beyond FRENCH SIDE TRAVEL’s control, the customer will be informed of his or her right whether to accept this amendment or to terminate the contract at no charge. If within seven days after receipt of the notification of this amendment, delivered by registered letter enabling acknowledgement of receipt, the customer does not inform FRENCH SIDE TRAVEL of his or her intention to terminate the contract, it shall be deemed that the customer accepts the amendment of the travel contract.
In accordance with Article L. 211-14-III of the French Tourism Code (Code du tourisme), no compensation is due in case of cancellation of the contract due to exceptional circumstances or an insufficient number of travelers if requested for the performance of the trip.
•If FRENCH SIDE TRAVEL decides to cancel the travel package before departure, FRENCH SIDE TRAVEL must inform the customer by any means necessary enabling an acknowledgement of receipt. If the parties do not reach an amicable agreement on a substitute trip, FRENCH SIDE TRAVEL will reimburse the customer all amounts paid, as well as a compensation at least equal to the penalty the customer would have incurred if he or she had cancelled the travel package on the same date. These provisions do not apply in the cases referred to in Article L. 211-16 of the French Tourism Code (Code du tourisme).
•Where after departure, FRENCH SIDE TRAVEL cannot provide a preponderant part of the scheduled services accounting for a substantial percentage of the travel price paid by the customer, FRENCH SIDE TRAVEL will endeavor its best efforts to replace these services with equivalent services. If FRENCH SIDE TRAVEL cannot propose an adequate alternative to replace the scheduled services or in case such alternative is refused by the customer on legitimate grounds, FRENCH SIDE TRAVEL must ensure the customer’s return on the same conditions, without application of any additional costs, to the place of start of the service, or to any other place as may be agreed between FRENCH SIDE TRAVEL and the customer.
•If a minimum number of travelers is required for the performance of a trip, and this minimum number has not been reached, FRENCH SIDE TRAVEL must inform the customer thereof at least 21 days before departure date. FRENCH SIDE TRAVEL will propose the customer one or more alternative option(s) at the same rate, failing this, FRENCH SIDE TRAVEL must reimburse the customer all amounts already paid, without application of any compensation.
9.3. Calculation basis of total cancellation charges, except other conditions (§4.4.).
9.3.1. The cancellation fees for all trips and travel packages proposed by FRENCH SIDE TRAVEL are calculated on the following basis, or, if applicable, pursuant to the Articles 9.3.2. and 9.3.3. hereafter:
• Cancellation more than 45 days before departure: 40% of the total travel price is due; less than 45 days before departure and after the date of departure, or in case of no-show at the arrival date: 100% of the travel price is due to FRENCH SIDE TRAVEL.
• Cancellation of trips/package travels requiring full payment upon booking: (i) in the event of special rates (promotions, special offers etc.), (ii) for hotel and/or packages services including booking, ticket issuing and payment (“RER services”), (iii) for the purchase of TGV high speed train and regular airline tickets, and (iv) in case of certain services during local or bank holidays, carnivals, festivals and high season periods where the conditions of amendment and cancellation may add up to 100% of the total travel price upon booking.
• Each commenced trip is deemed as consumed by the customer and does not entitle to any refund or compensation. If a customer does not make use of a service or restitutes a service before the scheduled time, he or she is not entitled to any reimbursement; in case of late arrival to activities, visits and/or transfers of more than 15 minutes of the schedule indicated in the travel documents, the customer is not entitled to any reimbursement.
9.3.2. Calculation basis for partial cancellation fees. If one or more traveler(s) registered on the same booking form cancel(s) the participation in a trip which is maintained by the remaining traveler(s): the cancellation charges for personal services (not shared) will be calculated pursuant to Article 9.3.1 and will be based on the personal travel services of the one or more traveler(s) (e.g. airline ticket…) not consumed on the date of cancellation; – shared services: equal charges of 100%, regardless of the cancellation date, will be invoiced from the one or more traveler(s) cancelling his/her/their portion of the shared travel services.
9.3.3. Further conditions: in addition to the above-mentioned calculation of charges, 100% of cancellation fees are due for all hotel services concerning all types of trips and all types of tickets already issued or subject to a firm and nonrefundable commitment (TGV high speed train tickets, airline tickets, bookings during festival periods, concert or event tickets…). In these cases, 100% of the total ticket price will be retained by FRENCH SIDE TRAVEL.
If several travelers are registered on the same booking form and one of them cancels the trip, the cancellation fees will be deducted from the amount collected by FRENCH SIDE TRAVEL, notwithstanding the remitter of this payment. In the event of cancellation, for whatever reason, all costs not included in the travel booking provided by FRENCH SIDE TRAVEL, such as transport expenses to the departure point and the return ticket back home, visa fees, travel documents and vaccination fees independently undertaken by the customer, will not be subject to reimbursement.
10 – CONTRACT TRANSFER
With accordance to Article L.211-11 of the French Tourism Code (Code du tourisme), the buyer may assign his or her contract (except insurance) to a transferee fulfilling the same conditions to undertake the trip or the package travel, provided that the contract has not taken effect and that FRENCH SIDE TRAVEL was informed of this transfer no later than seven days before departure. The customer and the transferee remain jointly and severally liable for the payment of the balance of the travel contract and the transfer costs communicated to them.
11 – INSURANCE COVERAGE.
Please note: no repatriation insurance or assistance are included in the package travel (package tours/round trips etc.). The customer is advised to take out an optional insurance covering, namely, assistance, repatriation and the consequence of cancellation as set out in the Terms and Conditions of Sale published on the website of FRENCH SIDE TRAVEL. If a customer cancels a trip or a package travel, the insurance premium will not be nonrefundable. You can choose between three different insurance coverages proposed by FRENCH SIDE TRAVEL. Please check whether you are already covered by such insurances through your personal insurance provider. You must personally contact your insurance company before or during your trip in order to activate your insurance coverage. The insurance contracts proposed by FRENCH SIDE TRAVEL do not cover the insurance premium, visa fees etc., these items will neither be reimbursed by FRENCH SIDE TRAVEL nor by the insurance company.
11.1. Contract 1: “assistance, repatriation, medical expenses and luggage insurance”. This insurance is subject to a charge of 1.00% of the total price of the various travel services.
11.2. Contract 2: “transport delay, replacement trip, travel interruption, third-party insurance, individual travel accident insurance”. This insurance is subject to a charge of 2.00% of the total price of the various travel services.
11.3. Contract 3: “cancellation on the grounds of unpredictable events”. This insurance is subject to a charge of 2.50% of the total price of the various travel services.
11.4. Procedure of travel insurance claims. In the event of cancellation or any other incident covered by these insurance contracts, you may contact, by phone (in France): 01 48 82 62 35; (from abroad): +(33) 1 48 82 62 35 or by facsimile (in France): 01 45 16 63 92; (from abroad): +(33) 1 45 16 63 92; or in writing, with preference by postal service, within no later than ten days to: Tokio Marine Kiln / Mutuaide Assistance 8-14, avenue des Frères Lumière 94368 Bry sur Marne Cedex, France.
12 – TRANSPORT TO THE STARTING POINT
Unless otherwise specified or agreed with the customer, FRENCH SIDE TRAVEL offers packages travels and trips excluding the booking of transport tickets between the place of residence and the places of start and end of the travel service. The customer will organize at own expense the transport to the starting point of the trip and the return to the place of residence at the end of the trip. FRENCH SIDE TRAVEL advises the purchase of flexible and/or refundable services (transport tickets …), it is important to allow yourself extra time for the transfer between airports and railway stations, and to avoid one or more urgent engagements one day before and one day after your trip. In the event of force majeure, an unpredictable or unavoidable event caused by a third party or the customer himself or herself likely to alter the services provided by FRENCH SIDE TRAVEL, FRENCH SIDE TRAVEL will not reimburse the expenses arising therefrom.
13 – FAILURE OF AIRPORT CHECK-IN
Where a package travel includes the booking of transport tickets between the place of residence and the start and end of the travel services, FRENCH SIDE TRAVEL will not be liable for any failure of check-in at the starting point of the air package travel, for any reason whatsoever, such as a delay of air or terrestrial transportation, even where this delay is due to force majeure, unforeseeable circumstance or caused by a third-party.
FRENCH SIDE TRAVEL cannot be held liable for the following defaults of check-in:
– Where the traveler provides outdated identification documents or health certificates (identity card, passport, visa, exit permits for minors, certificate of vaccination etc.).
– Where the traveler does not provide the identification documents and/or health certificates required for the trip and destination.
– Where the traveler is not able to pay the deposits required for the rental of accommodation and/or equipment or is not able to provide the certificates and licenses required for the rental of equipment or activities.
If the customer fails to check-in at the starting point of the package travel, 100% of the travel price will be retained.
14 – RESPONSIBILITY/LIABILITY
FRENCH SIDE TRAVEL is responsible for the proper performance of the services provided in the travel contract and is obliged to provide assistance to a traveler in difficulty.
However, FRENCH SIDE TRAVEL is not liable for any unavoidable and exceptional circumstances due to an error made by the customer or a third-party.
Thus, FRENCH SIDE TRAVEL is not liable for the consequences arising from external events such as:
– Loss or theft of transport tickets, transport companies do not issue duplicates;
– in case of no-show, 100% of the total price of the travel service is due;
– unpredictable, unavoidable and extraordinary circumstances caused by a third-party, and beyond the control of FRENCH SIDE TRAVEL such as: war, political unrest, strikes, riots, technical or administrative incidents, bankruptcy of service providers, weather conditions, delays (including delays of postal services concerning the posting of airline tickets, passports etc.), car breakdown, loss or theft of luggage or other personal valuables. Any delay arising from these above-mentioned cases and any itinerary and/or program changes that may occur on these grounds do not entitle the customer to any compensation, for any reason whatsoever, on the part of FRENCH SIDE TRAVEL, namely in the case of changes of the initially scheduled travel duration or a stopover delay. Any additional costs that may result from these inconveniences (taxes, hotel, parking fees, purchase of transport tickets…) will be at the sole charge of the traveler;
– in the event of cancellation arising from force majeure, and/or safety reasons for the traveler and/or by order of an official authority, FRENCH SIDE TRAVEL reserves the right to change the date, the time and/or the scheduled itinerary, if considered as necessary for the safety of the traveler; any amendments arising from these causes do not give right to compensation claims.
15 – COMPLAINTS
The customer accepts and agrees to notify on the spot, in writing, any non-compliance with the travel contract to his or her contact person whose name and contact details will be communicated before the start of the trip. In case of difficulties occurring on the spot, the traveler is invited to ask this contact person for assistance. If the traveler fails to report a non-compliance at the time of its occurrence on the spot, any delay of notification may impact on the calculation of the potential compensation or a potential price reduction if the timely notification may have avoided or reduced the damage suffered. Please send your complaint, in writing, to FRENCH SIDE TRAVEL S.A.S. Service Clients – 4 allée des banquiers – 13290 Aix-en-Provence (France) within eight days after the date of return from your trip, except force majeure, with attachment of the supporting documents. All complaints are strictly limited to the contractual elements of the booking and will be examined to this effect. In the absence of a satisfactory response from our customer service within a maximum period of 60 days, you may file a complaint to the Mediator of Tourism and Travel (médiateur du tourisme et du voyage) whose contact dates, as well as terms and conditions, are available on the website www.mtv.travel. In order to settle the complaint, the customer may also contact the platform: https://webgate.ec.europa.eu/odr
16 – PERSONAL DATA.
In accordance with the French Database and Privacy Law, number 78-17 of January 6, 1978 (Loi Informatique et Liberté n° 78-17 du 6 janvier 1978 relative à l’informatique, aux fichiers et aux libertés) pertaining to data processing and the protection of privacy, the customer will be herein informed, that his or her personal data and those of the other travelers participating in the package travel are necessary for the processing of their requests. For the purpose of the processing of the order and the travel contract, this personal information will be transmitted to the partners of FRENCH SIDE TRAVEL and to the suppliers of the booked services (hoteliers, transport companies etc.) who may be residing outside the European Union.
If this personal data is not provided, neither the request nor the travel contract can be processed.
The legal basis for collecting and processing this data is the performance of the travel contract.
The data collected and processed for the performance of the contract will be kept for a period of two years from the end of the performance of the contract, duration corresponding to the extinctive prescription period for any legal action in this area, except new legal or regulatory provisions.
FRENCH SIDE TRAVEL may use the personal data of the customer for commercial prospection through sending of promotional or commercial offers of products equal to those previously purchased by the customer. The customer has the right to object to the receiving of commercial offers.
The customer has the right to access, rectify, transmit instructions regarding the use in the fate of his or her death, portability, opposition, limitation, deletion of his or her personal data, and withdraw his or her consent to commercial prospecting to the following address: Service Clients – FRENCH SIDE TRAVEL SAS– 4 allée des banquiers – 13290 Aix en Provence (France) or per email to email@example.com
It is expressly agreed that the data contained in the information system of FRENCH SIDE TRAVEL has probative force pertaining to the orders and any other element relating to the use of the website www.frenchsidetravel.com. This data may be validly produced as evidence in the same way as any other written document.
FRENCH SIDE TRAVEL informs the customer that cookies are used on the computer when browsing its site. These cookies allow to use information about the customer for technical and commercial purposes in order to provide him or her a better service. This data may be shared with partner companies. The customer can disable these cookies from his or her browser.
17 – APPLICABLE LAW
Each contract entered into between FRENCH SIDE TRAVEL and the customer is governed by French law. Any correspondence relating to a dispute that may arise will be drawn up in French. Any dispute relating to the validity, interpretation and execution of the contract entered into between FRENCH SIDE TRAVEL and the customer shall be subject to the competence of French jurisdiction.
In the event of a dispute, the French version of these General and Special Terms and Conditions of Sale shall prevail.
Updating of the Special Conditions of Sale: December 28th, 2018