GENERAL AND SPECIFIC TERMS AND CONDITIONS OF SALE
FRENCH SIDE TRAVEL is a brand of GENERATION VOYAGEURS, a French simplified joint-stock Company (SAS, société par action simplifiées) whose registered office is in 50 Place du Haut du Cours Mirabeau – 13100 Aix-en-Provence (France) and which is 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, N° HRCP 100395 in order to cover the consequences of its professional civil liability for an amount of coverage for all types of damages per claim and per year from 1€ to 500 000 €.
The website GENERATION VOYAGEURS is specialized on holidays and trips in FRANCE and uses services arising from sharing economy and/or professional tourism.
Tourism based on sharing economy means that the customer may be accommodated and/or take their meals in a private home and/or participate in local activities with a private host during their holiday, in other words, buy services outside the professional hotel, catering and entertainment industry. If the customer chooses a service arising from sharing economy as part of their travel package, they shall take into account the characteristics of such type of services provided by a private person and not by a travel and tourism professional.
The use of this website and the purchase of travel and holiday package services offered by GENERATION VOYAGEURS, requires the customer’s acknowledgment of these General and Specific Terms and Conditions of Sale, amended by the Specific Terms and Conditions of Sale applied by the respective service suppliers for the relevant services, in the entirety of their provisions.
By ticking the box of the travel booking form, provided for that purpose as online or paper form, the customer who books a travel package or a holiday, recognizes having taken full and prior knowledge of the chosen product description, these General and Specific Terms and Conditions of Sale, as well as the Specific terms and Conditions of sale, applied by the respective service provider of the booked service.
In the event of any conflict between the General and/or Specific Terms and Conditions of Sale and the contract entered into between the customer and GENERATION VOYAGEURS, the provisions of the contract shall prevail.
GENERAL TERMS AND CONDITIONS OF SALE
The General Terms and Conditions of Sale presented herein govern the sale of travels, packages and stays offered on the website of GENERATION VOYAGEURS and as set out in the Articles R.211-3 – R.211-11 of the French Tourism Code (Code du tourisme). Pursuant to Article R.211-12 of the French Tourism Code (Code du tourisme), the relevant articles are reproduced hereinafter:
Art R.211-3 – Subject to the exceptions set out under paragraphs 3 and 4 of Article L.211-7, all offers and sales of travel and holiday services shall entail the delivery of appropriate documents in compliance with the rules set forth in this section. In the case of sales of air travel tickets or travel tickets on regular lines that do not include services in connection with such travel, the seller shall provide the buyer with one or more travel tickets for the entire trip, issued by the carrier or under the carrier’s responsibility. In the case of on-demand transport, the name and address of the carrier on whose behalf the tickets are issued shall be mentioned.
Separate invoicing of the various elements of one and the same tourist package shall not exempt the seller from complying with their obligations under the regulatory provisions of this section.
Art R.211-3-1 – The exchange of pre-contractual information or the provision of contractual terms and conditions shall be made in writing. This information may be sent by electronic means in accordance with the validity and procedural requirements specified in Articles 1369-1 to 1369-11 of the French Civil Code (Code civil). [The documents] shall state the name or corporate name and the address of the seller, as well as details of their registration with the register specified in Article L.141-3 or, if applicable, the name, address and details of the registration of the federation or union specified in Article R.211-2, paragraph 2.
Art R.211-4 – Before finalizing the contract, the seller must inform the customer of prices, dates and other details concerning the services that are available during the trip or the holiday such as:
1. the destination, means of transport used and the characteristics and categories thereof;
2. the type of accommodation, its location, comfort standards and principal characteristics, and its accreditation or tourism rating under the laws and regulations or customary practice in the country where such accommodation is located;
3. meal services offered;
4. a description of the itinerary in the case of a tour;
5. the administrative and health formalities to be carried out by nationals or citizens of another European Union member state or of a state that is party to the European Economic Area Agreement (in particular, if borders will be crossed) and the deadlines for completing such formalities;
6. visits, excursions and other services included in the package or that may be offered at an additional cost;
7. the minimum or maximum size of the group required for the travel or holiday package and, if the travel or holiday package requires a minimum number of participants, the latest date for informing the consumer in the event of the travel or holiday package being cancelled; which may not be less than 21 days before departure;
8. the amount or the percentage of the price to be paid as a deposit at the time of the contract signing, and the schedule for paying the balance;
9. the price revision conditions specified in the contract in accordance with Article R.211-8;
10. the cancellation conditions specified in the contract;
11. the cancellation conditions as set out in Articles R.211-9, R.211-10 and R.211-11;
12. information concerning the option to take out an insurance policy covering the consequences of cancellation on certain grounds or a travel insurance policy covering certain specific risks, such as repatriation expenses in the event of accident or illness;
13. if the contract includes air travel services, the information concerning each flight segment required by Articles R.211-15 to R.211-18.
Article R.211-5 – The pre-contractual information provided to the consumer binds the seller, unless in the information document the seller expressly reserves the right to change certain items, in which case, the seller shall clearly state how such changes may be made and on what basis.
In any event, changes made to the pre-contractual information shall be communicated to the consumer before the contract is concluded.
Article R.211-6 – The contract entered into between the seller and the buyer must be in writing, produced in duplicate, one copy of which is to be given to the buyer and signed by both parties. If the contract is concluded electronically, the provisions of Articles 1369-1 to 1369-11 of the French Civil Code (Code civil) shall apply. The contract must include the following clauses:
1. the name and address of the seller, its guarantor and its insurance company, as well as the name and address of the organizer;
2. the destination or destinations of the trip and, if the holiday includes several locations, the various periods and their dates;
3. the means of transport used and the characteristics and categories thereof, and the departure/return dates and venues;
4. the type of accommodation, its location, main characteristics and comfort standards, and its accreditation or tourist rating under the laws and regulations or customary practice in the country where such accommodation is located;
5. meal services offered;
6. the itinerary in the case of a tour;
7. visits, excursions and other services included in the total price of the travel or holiday package;
8. the total price of the billed services, as well as a notification regarding any possible revision of the invoice in accordance with the provisions of Article R.211-8;
9. a notification in case of payment of taxes or fees applied to certain services, such as landing, boarding or disembarkation fees charged by ports and airports, as well as tourist taxes if these are not included in the price of the supplied service(s);
10. the schedule and payment methods of the price; the last installment paid by the buyer may not be less than 30 % of the total travel or holiday package price and must be made upon delivery of the documents enabling the buyer to travel or start their holiday;
11. any specific conditions requested by the buyer and accepted by the seller;
12. the terms and conditions the buyer must observe in order to assert a claim against the seller for non-performance or inadequate performance of the contract; such claims must be sent as soon as possible to the seller, by any means enabling an acknowledgement of receipt and, if applicable, shall be reported in writing to the travel organizer and the provider of the relevant services;
13. the deadline for informing the buyer in the event the seller cancels a travel or holiday package that requires a minimum number of participants, in accordance with the provisions of Article 211-4, paragraph 7;
14. the cancellation conditions specified in the contract;
15. the cancellation conditions specified in Articles R.211-9, R.211-10 and R.211-11;
16. details about the covered risks and the amount of coverage provided by the insurance policy taken out to cover the consequences of the seller’s professional civil liability;
17. information about the insurance policy taken out by the buyer in order to cover the consequences of cancellation on certain grounds (policy number and name of the insurance company), as well as information about the travel insurance policy covering certain specific risks, such as repatriation expenses in the event of accident or illness. In such cases, the seller shall provide the buyer with a document specifying, at least, the covered and excluded risks;
18. the deadline for informing the seller in the event the buyer assigns the contract;
19. the undertaking to provide the buyer, at least ten days before the scheduled date of departure, with the following information: a) the name, address and telephone number of the seller’s local representative, or failing this, the names, addresses and telephone numbers of local organizations that may be able to assist the consumers in the event of a difficulty, or failing this, an emergency number to contact the seller; b) in the case of travel or holiday packages abroad involving minors, an address and telephone number via which the minor or the local person in charge on-site can be reached directly;
20. The clause providing for termination and reimbursement without penalty of sums paid by the buyer in the event of non-compliance with the information obligation laid down in Article R. 211-4, paragraph 13;
21. The commitment to provide the buyer with departure and arrival times, in a timely manner before the commencement of the trip or holiday package.
Art R.211-7 – Before the contract takes effect, the buyer may assign the contract to an assignee who fulfills the same conditions as the buyer for the travel or holiday package.
Except if a more favorable time limit is stipulated, the assignor shall inform the seller of their decision, using any means that permits obtaining acknowledgment of receipt, no later than seven days before the start of travel. In the case of a cruise, this time limit is extended to 15 days. Such assignment shall in no event require the seller’s prior authorization.
Art R.211 – 8 – If the contract includes an express price revision clause, within the limits prescribed by Article L. 212-12, the contract shall state the exact methods for calculating price variations, whether an increase or a decrease, in particular, the amount of transport costs and the taxes applicable thereto, the currency or currencies that may have an impact on the price of the travel or holiday package, the portion of the price to which the price variation applies and the exchange rate of the currency or currencies used as a reference in setting the contract price.
Art R.211-9 – If before the buyer’s departure the seller must make a change to one of the material terms of the contract, such as a significant price increase, and if the seller does not comply with the obligation to inform the buyer as prescribed in Article R 211-4, paragraph 13, the buyer, without prejudice to their right to take action to obtain compensation for any loss sustained, and after informing the seller, using any means that permit obtaining acknowledgment of receipt, may: Terminate the contract and obtain immediate reimbursement of all sums paid, without penalty; or agree to the change or replacement travel proposed by the seller. In such case, a contractual amendment specifying the changes made shall be signed by the parties. Any decrease in price shall be deducted from any amounts that the buyer may still owe and, if the payment already made by the buyer exceeds the price of the modified services, the overpayment shall be refunded to the buyer before the date of departure.
Art R.211-10 – In the case provided for by Article L.211-14, if before the buyer’s departure, the seller cancels the travel or holiday package, they shall inform the buyer thereof, by any means enabling to obtain an acknowledgement of receipt; without prejudice to the buyer’s right to take action to compensate any loss sustained; the seller shall immediately reimburse the buyer all amounts paid, without penalty. In such case, the buyer shall receive compensation at least equal to the penalty that they would have incurred if they had cancelled on that date.
The provisions of this article shall in no event prevent the conclusion of an amicable agreement pursuant to which the buyer accepts a replacement travel or holiday package offered by the seller.
Art R.211-11 – If, after the buyer’s departure, the seller is unable to provide a preponderant part of the services provided in the contract, representing a not insignificant percentage of the price paid by the buyer, the seller must immediately take the following action without prejudice to any claim for reparation of any loss suffered: – Either offer services to replace the initial services, bearing any additional cost and, if the services accepted by the buyer are of inferior quality, the seller is to refund the price difference as soon as returning from the journey; – or offer other services to replace those initially planned, bearing any additional costs; if the services accepted by the buyer are of a lower standard, the seller must reimburse the difference in price to the buyer as soon as they return home; or, if the seller cannot offer any replacement service or if they are rejected by the buyer on valid grounds, provide the buyer, at no additional cost, with travel tickets so that the buyer can return to the point of departure or to another venue accepted by both parties under conditions deemed to be equivalent. The provisions of this clause are applicable in the event of noncompliance with the obligation set out in the paragraph 13 of Article R.211-4. If after the buyer’s departure the seller is unable to provide a significant portion of the services agreed under the contract, which represent an appreciable percentage of the price paid by the buyer, the seller shall immediately take the following measures, without prejudice to the buyer’s right to take action to obtain compensation for any loss sustained:
– Offer replacement services for the services agreed, with the seller bearing any additional costs. If the services accepted by the buyer are inferior in quality, the seller shall, upon the buyer’s return, refund the buyer the difference in price; or
– if the seller is unable to offer any replacement services or if the buyer refuses such replacement services on legitimate grounds, the seller shall provide the buyer, at no additional price, with travel tickets enabling the buyer to return, under conditions deemed equivalent, to the point of departure or to any other place agreed by both parties. The provisions of this article shall apply in the event of non-compliance with the obligation specified in Article R. 211-4, paragraph 13.
SPECIFIC TERMS AND CONDITIONS OF SALE
The Specific Terms and Conditions of Sale must be disclosed to the client prior to the entering into a sales contract and are part of the advance notification referred to in Article R211-6 of the French Code of Tourism (Code de tourisme).
The Specific Terms and Conditions of Sale are available on the website Génération Voyageurs and shall be regularly updated in the event of any content changes.
By using the Website GENERATION VOYAGEURS, the client acknowledges these Specific Terms and Conditions of Sale, amended by the Specific Terms and Conditions of Sale for the relevant 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 consumers’ right of withdrawal does not apply to travel contracts.
1–TRAVEL BOOKING PROCEDURES
GENERATION VOYAGEURS has opted for a booking procedure “on-demand”, all price quotes are therefore subject to the availability of the services requested by the customer. In order to proceed the booking of the requested services, the customer shall either make a deposit or settle the full amount of the travel price as set out in the price quote pursuant to Article 3 of these Specific Terms and Conditions of Sale.
In order to specify their request, the customer completes the price quote form, available on the internet site www.generation-voyageurs.fr
Upon receipt of the duly completed booking form, GENERATION VOYAGEURS shall send a price quote to the customer, without guarantee of availability of the services. In order to book the travel package, the customer shall complete, date and sign the booking form and pay the partial or full amount of the travel price pursuant to Article 3 of these Specific Terms and Conditions of Sale.
The booking form may be forwarded to GENERATION VOYAGEURS either by registered letter with return receipt or by email.
Upon receipt of the booking form and the payment, GENERATION VOYAGEURS will check the availability of the requested travel or holiday package and proceed the booking.
If the requested travel or holiday package is available, the booking is confirmed and the customer shall receive their invoice.
If the requested travel or holiday package is not available, the customer is to be notified by email. The booking will be cancelled and the customer will be refunded in accordance with the Terms and Conditions of Sale of Article 3, without entitlement to any further compensation.
Pursuant to Article 3, the booking of the travel or holiday package shall be effective upon receipt of the partial or total amount of the travel price via our secure payment system.
2 – PRICES
2.1. The prices of trips and holidays published on our internet site www.generation-voyageurs.fr shall be confirmed upon booking. The listed prices may be subject to printing errors and omissions. All our prices are given in euros. After the personalization of your holiday (including the choice of dates and services), Génération Voyageurs shall issue a personal price quote indicating the validity date. The price quote is subject to the availability of the services offered on Génération Voyageurs’ internet site. In order to book these services, the customer shall pay a deposit as set out in their price quote. If a booking request cannot be fulfilled by Génération Voyageurs on grounds of the non-availability of the chosen product, the customer shall be informed by Génération Voyageurs by email; the booking shall be cancelled and all amounts paid by the client for the booking shall be immediately refunded, excluding any further claims.
2.2 Upon delivery of the invoice, the travel price is binding and payable in euros. However, in accordance with the law, Génération Voyageurs may conduct upward or downward price adjustments up to 30 days before departure, on condition that these price adjustments are not significant (up to 10% of the initial price set out in the initial price quote), and if they arise on the following grounds: 1° variations of the transport costs, in particular, due to the fuel costs and/or 2° variations of the fees and taxes pertaining to the provided services such as visitor’s taxes and VAT. In these cases the customer is not entitled to free of charge cancellation. Génération Voyageurs shall charge the customer the full amount of the additional costs arising from such events. Any refusal on the part of the customer to pay such price adjustments shall be regarded as cancellation.
If one or more travel participants registered on the same booking form cancel(s) the trip, the trip can be maintained, provided that the participants have paid Génération Voyageurs, before departure, the potential extra cost of the relevant services that had to be modified due to the cancellation on the part of one or more participant(s). Any refusal on the part of the one or more still registered participant(s) to pay the price adjustment will be regarded as cancellation on their behalf, or of the relevant participants, pursuant to the calculation basis of Article 4.
2.3 The prices of optional and/or required services to be paid directly to the service supplier on-site are listed on the website of Génération Voyageurs (i.eg. cleaning service, rental of bedding and towels, baby’s crib, air conditioning, TV, internet connection, parking lot, security payment, visitor’s tax, charges, animals). Génération Voyageurs cannot be held liable for any of such modifications made by the service suppliers for optional and/or required services.
2.4 A handling charge of 15 € will be charged per booking form.
2.5 Our prices do not include processing fees for administrative travel documents such as visa, passport, as well as tips, donations of any kind, personal expenses, drinks or certain local taxes to be paid on-site, or voluntary insurances for luggage loss, cancellation and insurance assistance such as repatriation. GENERATION VOYAGEURS disclaims any responsibility for personal purchases on-site.
3 TERMS AND CONDITIONS OF PAYMENT
These terms and conditions of payment apply for all bookings of our trips/holidays.
• More than 30 days of departure a deposit of 25% of the total travel price is due, increased by the administrative fee and the cancellation insurance or the insurance premiums the client may have taken out, the remaining amount shall be settled 30 days before departure date, without the necessity of a reminder letter on the part of Génération Voyageurs.
• Less than 30 days of departure the total amount of the travel price is due, increased by the application charges, the cancellation insurance or the insurance premiums.
Please note the following 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 or regular airline tickets and (iv) for services provided during local or bank holidays, carnivals, festivals and high season periods.
For each booking the customer shall be charged 15 € per file. The remaining amount of the travel price is to be paid (without any reminder on our part) at the latest 30 days before departure. Génération Voyageurs will not confirm receipt of payment.
In case of bank transfer payment: you are obliged to send us a bank transfer proof by email so as to relate your bank transfer payment to your booking form. In default of such proof, your payment cannot be registered. Please note: bank transfer payments cannot be accepted and registered to your account unless we receive them 14 days at the latest before the start of your holiday.
In case of payment per check: checks must in all cases be sent to the head office of Génération Voyageurs by registered letter with acknowledgement of receipt. Génération Voyageurs declines all responsibility for checks sent by regular postal service.
In the case of credit card payment (except Diners Club and Amex), the remaining amount of the travel price shall be automatically debited from your account 30 days before departure date as set out in the booking form.
Any payment delay of the deposit or the remaining amount is regarded as cancellation and shall entail cancellation charges as provided for in Article 4.
Any payments less than 14 days before the start of the holiday are to be made by credit card.
The insurance premium offered by Génération Voyageurs must be paid upon booking. Pursuant to Article L. 121-21-8 of the French Consumer Code (Code de la consommation), the customer shall not be granted a withdrawal period once they have ordered a travel service via Génération Voyageurs’ internet site.
4 – TRAVEL INFORMATION
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 shall be notified in real time via email of any modifications and be asked to download the modified document. When undertaking the trip, the customer must keep the printed documents at hand. We recommend the customer to consult their mail box. In default of information within 48 hours before departure or in the event of incomplete travel documents, the customer must immediately contact Génération Voyageurs.
4.1. Administrative Formalities. Before booking you must make sure that each travel participant, according to their personal situation and their nationality, holds a valid passport or a national identity card for the planned trip, 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. Travel participants of other nationalities are obliged to contact the competent embassies or consulates for travel information on the mandatory administrative formalities (such as visa etc.) and sanitary formalities (such as vaccinations etc.) before booking and undertaking of their trip. A Travel participant who cannot reach their destination on grounds of missing documents, custom documents and/or health certificates shall not be entitled to claim any refund of their travel price. Génération Voyageurs shall under no circumstances be reliable for the consequences of non-compliance with the police, customs or health regulations before departure or during the holiday (i.eg. loss of identity documents and/or airline tickets…).
4.2. Information about security and health risks. Génération Voyageurs recommend you to regularly access the information on the website of the French Interior Ministry: http://www.interieur.gouv.fr/. before departure and during your stay in France. This recommendation does not release Génération Voyageurs of their liabilities. Health risks: we advise our customers to access 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 to be taken in case of risks, or, on request, please contact our consultants.
4.3 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 can be replaced by other accommodations of equal or superior category. The customer’s check-in and check-out shall comply with the customary practices of the international hotel business; in this regard no complaint or refund claim on the part of the customer shall be taken into consideration.
4.4 Information on the accommodation and services arising from sharing economy.
All services arising from sharing economy are provided by private persons and not by tourism professionals. We draw our customer’s attention to the fact that services provided by a private person (who accommodates, shares a meal or an activity with you) may not be equivalent to those provided by a professional tourism supplier.
By accepting these Specific Conditions of Sale, the customer who choses one or more services arising from sharing economy, acknowledges to be aware of this information.
5 – CUSTOMER INFORMATION DUTIES
The customer is obliged to inform Génération Voyageurs, in writing and prior to all bookings, of any specific characteristics likely to influence the travel procedure such as persons with reduced mobility (with wheelchair or not), animals, bulky luggage etc. (please note: if a supplier accepts to accommodate a customer with their domestic animal, they must be in possession of a valid vaccination certificate for the animal).
6 – CUSTOMER CHANGE REQUESTS BEFORE DEPARTURE
Any change requests on the part of the customer concerning one or more travel services after booking but before the issuing of personalized travel tickets shall be at the charge of the customer, provided that Génération Voyageurs were able to meet the request and the request were notified more than 21 days before departure date. Any modification or change of name after the issuing of travel tickets, regardless the date of change, shall be subject to penalty and/or change fees in accordance with the directives applied by the transport companies and shall be at the customer’s charge.
7 – CONDITIONS AND CANCELLATION CHARGES
7.1. If you are obliged to cancel your trip, you must inform your insurance company by any written means with acknowledgement of receipt, as soon as the cause of cancellation occurs. The calculation of the cancellation charges takes into account the date of issue of the registered letter. Please note that your insurance company will assess the reimbursement of your cancellation charges based on the documents that must be sent directly to their office, in addition to the date of the cancellation cause. Moreover, we would like to point out that neither the insurance premium nor the handling charge are refundable, neither by Génération Voyageurs nor by the insurance company.
7.2. Calculation basis of total cancellation charges, except other conditions (§4.4.).
7.2.1. The cancellation charges for all holidays and trips offered by Génération Voyageurs are calculated on the following basis, or, if applicable, pursuant to the Articles 7.3 and 7.4.
• Cancellation more than 45 days before departure: 50 € par person. • From 45 to 30 days: 35% of the total travel price • From 29 to 15 days: 50% of the total travel price. • From 15 to 07 days: 75% of the total travel price. • Less than 07 days before departure and after departure date in case of no-show at arrival date: 100% of the travel price shall be paid to Génération Voyageurs.
• Cancellation of 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 train and regular airline tickets, and (iv) in the event of certain services during local or bank holidays, carnivals, festivals and high season periods. In these cases the conditions of change and cancellation may add up to 100% of the total travel price upon booking.
• Each commenced holiday is regarded 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, they shall not be entitled to any refund; in case of late arrival to activities, visits and/or transfers of more than 15 minutes with respect to the schedule mentioned in the travel documents, the customer shall not be entitled to any reimbursement.
7.3 Calculation basis of partial cancellation charges. If one or more travel participant(s) registered on the same booking form cancel their participation in a trip/holiday which is maintained by the other travel participants, the following calculation method applies: the cancellation charges for the (not shared) personal services are calculated pursuant to Article 4 on the basis of the personal travel services of the one or more travel participant(s) (i.eg. airline ticket…) not been used at the date of cancellation; as to the shared services, the cancellation charges are calculated as follows: regardless of the cancellation date, the one or more travel participant(s) cancelling their trip/holiday shall pay equal charges of 100% of their portion of the travel services.
7.4. Further conditions: in addition to the above-mentioned calculation of charges, 100% of the cancellation charges are due for all hotel services concerning all types of travel and all types of transport tickets already issued or subject to a firm and nonrefundable commitment (TGV, bookings during festival periods, concert or events tickets…). In these cases 100% of the charges, more precisely, the total ticket price, shall be retained by Génération Voyageurs.
If several travel participants are registered on the same booking form and one of them cancels their holiday, the cancellation charges shall be deducted from the amount already paid to Génération Voyageurs, notwithstanding the amount. In the event of cancellation, for whatever reason, all costs beyond the travel booking with Génération Voyageurs such as transport expenses to the departure point and the return ticket back home, visa fees, travel documents and vaccination fees under customer’s own responsibility shall in no circumstances be subject to any kind of reimbursement.
8 – INSURANCES. Please note: no repatriation insurance or assistance are included in the travel packages (package tours/holidays, circular trips…). Génération Voyageurs advises their customers the taking out of an optional insurance covering, in particular, assistance/repatriation and cancellation consequences as set out in the conditions on the website of Generation Voyageurs. If a customer cancels a trip or a holiday, the insurance premium is nonrefundable. You may choose between three different insurance contracts offered by Génération Voyageurs. Please check if you are already insured elsewhere. In order to validate your insurance coverage, you must personally contact your insurance before or during your trip. As to the insurance contracts offered by Génération Voyageurs, the insurance premium, visa fees etc. are neither reimbursed by Génération Voyageurs nor by your insurance company.
8.1. Contract 1: “assistance/repatriation and luggage insurance”. You shall pay 1.00 % of the total price of the various services.
8.3. Contract 2: “transport delay, replacement trip, holiday interruption, personal liability insurance, personal accident insurance”. You shall pay 2.00 % of the total price of the various services.
8.3. Contract 3: “cancellation for reasons of unpredictable events”. You shall pay 2.50 % of the total price of the different services.
8.4. Procedure in the event of an insurance claim pursuant to the regulations of these travel insurances. In the event of cancellation or any other incident covered by these insurance contracts, you may contact: per phone (in France): 01 48 82 62 35; (from abroad): (33) 1 48 82 62 35 or per facsimile (in France): 01 45 16 63 92; (from abroad): (33) 1 45 16 63 92; or in writing, with preference per 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.
8 – TRANSPORT TO THE STARTING POINT
8.3. Except certain cases, Génération Voyageurs offers travel and holiday packages not including the booking of transport tickets between the place of residence and the place of departure at the commencement and at the end of the tourism travel or holiday package. The customer organizes on their own responsibility and at their own expense the transport to the place of commencement of the holiday and the return to their place of residence at the end of their holiday. Génération Voyageurs advises the purchase of flexible and refundable services (transport tickets …), it is important to allow yourself extra time for the transfer between airports/railway stations, as well as 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 by the customer themselves, likely to impact on the services provided by Génération Voyageurs and to entail changes thereof, Génération Voyageurs shall not reimburse the expenses arising thereof.
9 – SPECIFIF CONDITIONS OF OUR TRAVEL OFFERS
9.1. Génération Voyageurs assumes that the first and the last day of the journey are entirely used for transport, notwithstanding the fact that these days may as well include travel services such as accommodation, meals, visits etc.
9.2. Solely the services mentioned on the website www.génération-voyageurs.fr. are regarded as contractual. All our travel offers (unless otherwise specified) provide accommodations with double beds (two persons). If available, Génération Voyageurs may provide a single room at extra charge. In case of contradiction between information on our travel offer mentioned in our brochure and those mentioned on our website, the latter shall prevail.
9.3. A guarantee deposit may be requested on-site, in particular, for the rental of accommodation and material. In this case, the customer shall conclude directly with the suppliers of the relevant services a deposit contract, such deposit contracts are beyond the liability and influence of Génération Voyageurs. The guarantee deposit serves the sole purpose to restitute the accommodation or the material in good condition.
9.4 As to the rental of vehicles (cars, bikes…), the conditions of the rental services apply, except in case of changes or cancellations provided for in Article 6 above.
9.5 Services arising from sharing economy
The customer must hold a multi-risk home insurance, including vacation rental, in order to cover any damages they may cause to the private owner on the occasion of the service provision.
10 – MINORS
Each person purchasing a trip or a holiday or a travel package or any other kind of services must be at least 18 years of age and legally capable of contracting. Each person entering into an electronic contract with Génération Voyageurs must guarantee the validity of the information given under their care and assume personally the responsibility for each person registered on the same form. Accompanied minors must carry 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. You are obliged to 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 travelling minor must carry the contact details of their parents (name, address, phone numbers) so that the latter can directly be contacted.
All booking requests for minors travelling non accompanied by their parents or legal guardian are subject to the prior authorization of Génération Voyageurs and must be signed by the father, the mother or the legal guardian and carry the mention “in agreement with the father, the mother or the legal guardian”.
11 – RESPONSABILITY – LIABILITY.
Pursuant to article L. 211-17 of the French Tourism Code (Code du Tourisme), Génération Voyageurs shall not be reliable for any kind of events and circumstances beyond their control, namely:
Loss or theft of transport tickets. Transport companies do not issue duplicates;
in case of no-show, 100% of the total service price shall be payable;
unpredictable, unavoidable and extraordinary occurrences outside of Générations Voyageurs’ influence and beyond their control such as: war, political unrest, strikes beyond of Génération Voyageurs’ control, riots, technical or administrative incidents beyond of Génération Voyageurs’ control, bankruptcy of service providers, bad weather, delays (including delays of postal services concerning the posting of airline tickets, passports etc.), malfunctioning, loss or theft of luggage or other personal valuables. Any delay arising from the above mentioned cases and any itinerary/program changes arising of such events, do not give entitlement to any kind of compensation for any reason whatsoever on the part of Génération Voyageurs, namely in the case of changes of the initially scheduled travel duration or a stopover delay. Additional costs that may arise in the event of such inconveniences (taxes, hotel, parking fees, purchase of transport tickets…) are at the charge of the travel participant;
in the event of cancellation arising from acts of God and/or in the event of reasons for the safety of the traveler and/or in the event of administrative order, Génération Voyageurs reserves the right to change date and time or the scheduled itinerary, if considered as necessary for the safety of the traveler, without any entitlement on the part of the latter for any kind of compensation.
In the event that Generation Voyageur shall not be capable to provide an essential part of the scheduled services accounting for a substantial percentage of the travel price paid by the customer, Génération Voyageurs shall use its best endeavors to replace these services with equivalent or superior services in accordance with the conditions laid down in article R. 211-11 of the French Tourism Code (Code du Tourisme). In the event that Génération Voyageurs is not able to offer any adequate alternative to replace the scheduled services or in case that such alternative is refused by the customer on legitimate grounds, Génération Voyageurs is obliged to ensure the customer’s return under the same conditions, without any price supplement, to the place of departure of the service, or to any other place, as may be agreed between Génération Voyageurs and the customer.
Cancellation on the part of Génération Voyageurs before departure.
If Génération Voyageurs decide to cancel the trip or the holiday before departure, Génération Voyageurs must notify the customer by all means obtaining a return receipt. In case both parties are unable to find an amical agreement about a substitution trip, Génération Voyageurs shall refund the customer the entire amount of the already paid travel price and pay the customer an indemnity at least equal to the penalty the customer would have had to bear if they had cancelled the trip or the holiday at that date. These provisions do not apply for such cases as laid down in article L. 211-16 of the French Code of Tourisme (Code du tourisme).
If a minimum number of travel participants is requested to enable a trip or a holiday and if this minimum number is not reached, Génération Voyageurs must notify the client at least 21 days before departure date. In this case, Génération Voyageurs shall propose the customer one or more travel substitution(s) at the same price, or the reimbursement of the total amount already paid, but shall in no case be obliged to pay any kind of compensation or indemnity to the customer’s benefit.
12 – COMPLAINTS.
We strongly recommend our customers to report to Génération Voyageurs and their service providers, in writing, and to ascertain on-site, any kind of shortcomings in the performance of the contract entered into with Génération Voyageurs. Please forward your claims, in writing, with attachment of the requested supporting documents, to Génération Voyageurs S.A.S. Service Clients – 50, Place du Haut du Cours Mirabeau – 13100 Aix-en-Provence (France) at the earliest possible date after return from your trip. Solely the contractual terms of the booking shall be considered in the complaint file. In case the complaints refer to a service arising from sharing economy, the characteristics of such type of travel must be taken into account, and namely, the fact that such holiday services are provided by non-professionals. If you have not received a satisfying reply within 60 days after the initial contact with our customer service, you can file a complaint to the Mediator of Tourism and Travel (médiateur du tourisme et du voyage) whose address and terms are available on the website www.mtv.travel.
13 – PERSONAL DATA.
In accordance with the 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 data concerning the customers are necessary for the processing of requests and bookings. In order to process the customer requests, this information will be forwarded to the partners of Génération Voyageurs and the suppliers of the booked services (hoteliers, transport companies…) whose offices may be settled outside the European Union. Moreover, this customer data may be used for commercial prospection through sending of promotional or commercial offers, in accordance with the law. You have the right to access or modify data relating to you and refuse to allow it to be used for marketing purposes, thus, delete all data about you collected by Génération Voyageurs. You can exercise this right, or if you do not wish your data to be transferred to a third party, by addressing yourself to the client service of Génération Voyageurs: Service Clients – Génération Voyageurs S.A.S. – 50 Place du Haut du Cours Mirabeau – 13100 Aix-en-Provence (France) or per email to firstname.lastname@example.org
It is expressively agreed that the data contained in the information system of Génération Voyageurs have probative force pertaining to the orders and any other element relating to the use of the website www.generation-voyageurs.fr. They may be produced as valid evidence in the same way as any other written document.
GENERATION VOYAGEURS informs the customer that cookies are used to allow our server to recognize your computer and to simplify your browsing our website.
These cookies store customer information for technical and commercial purposes in order to provide the customer with a better service quality. Such personal data may be disclosed to related companies and partners. The customer has the possibility to block such cookies in their browser.
14 – APPLICABLE LAW
Each contract concluded between Génération Voyageurs and the customer is governed by French law. Any correspondence relating to a dispute that may arise, shall be written in French. Any dispute relating to the validity, interpretation and execution of the contract entered into between Génération Voyageurs and the customer shall be subject to the competence of French jurisdiction.
15 – In the event of a dispute, the French version of these General and Specific Terms and Conditions of Sale shall prevail.
Updating of the Specific Conditions of Sale: March 10th, 2016