General terms and conditions of sale

 

 

HOTEL LES TRESOMS, SAS SOGEHORE, with a capital of 15.000 euros, 15 Boulevard de la Corniche 74000 ANNECY
Our general terms and conditions of sale are in accordance with the provisions of article R.211-12 of the Tourism Code. In order to respect the legal provisions, we reproduce articles R.211-3 to R.211-11 of the said Code.

Art. R.211-3 - Subject to the exclusions provided for in the third and fourth paragraphs of Article L.211-7, any offer and sale of travel or holiday services shall give rise to the submission of appropriate documents that comply with the rules defined in this section. In the event of the sale of air transport tickets or tickets for scheduled transport not accompanied by services related to such transport, the vendor shall issue to the purchaser one or more tickets for the entire journey, issued by the carrier or under its responsibility. In the case of transport on demand, the name and address of the carrier on whose behalf the tickets are issued must be mentioned. Separate invoicing of the various elements of the same tourist package does not relieve the seller of his 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 is made in writing. They may be made by electronic means under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code. The name or company name and address of the seller as well as the indication of its registration in the register provided for in a) of article L.141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of article R.211-2 are mentioned.

Art. R.211-4 - Prior to the conclusion of the contract, the seller must provide the consumer with information on the prices, dates and other constituent elements of the services provided in connection with the journey or stay, such as :

1. the destination, means, characteristics and categories of transport used ;

2. the type of accommodation, its location, level of comfort and its main characteristics, its approval and tourist classification corresponding to the regulations or customs of the host country;

3. the catering services offered;

4. a description of the itinerary in the case of a tour;

5. the administrative and health formalities to be completed by nationals or by nationals of another Member State of the European Union or of a State party to the Agreement on the European Economic Area, particularly in the case of border crossings, and the time limits for their completion;

6. visits, excursions and other services included in the package or which may be available at an additional cost;

7. the minimum or maximum size of the group allowing the trip or holiday to be undertaken and, if the trip or holiday is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or holiday; this date may not be less than 21 days before departure ;

8. the amount or percentage of the price to be paid as an advance payment on conclusion of the contract and the timetable for payment of the balance;

9. the procedures for revising prices as provided for in the contract pursuant to Article R.2118 ;

10. the conditions of cancellation of a contractual nature;

11. the cancellation conditions defined in Articles R.211-9, R.211-10 and R.211-11;

12. information concerning the optional conclusion of an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness ;

13. Where the contract includes air transport services, the information, for each flight section, provided for in Articles R.211-15 to R.211-18.

Art. R.211-5 - The prior information given to the consumer is binding on the seller, unless the seller has expressly reserved the right to modify certain elements of it. In that case, the seller must clearly indicate the extent to which such changes may be made and on which elements. In any event, changes to the prior information must be communicated to the consumer before the conclusion of the contract.

Art. R.211-6 - The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. When the contract is concluded by electronic means, articles 1369-1 to 1369-11 of the Civil Code shall apply. The contract must include the following clauses:

1. the name and address of the seller, his guarantor and insurer as well as the name and address of the organiser ;

2. the destination or destinations of the journey and, in the case of a split holiday, the different periods and their dates ;

3. the means, characteristics and categories of transport used, the dates and places of departure and return;

4. the type of accommodation, its location, level of comfort and main characteristics and its tourist classification under the regulations or customs of the host country ;

5. the catering services offered;

6. the itinerary in the case of a tour;

7. visits, excursions or other services included in the total price of the trip or stay ;

8. the total price of the services invoiced as well as an indication of any possible revision of this invoicing by virtue of the provisions of article R.211-8 ;

9. an indication, if applicable, of the fees or taxes relating to certain services such as landing, disembarkation or embarkation taxes in ports and airports, and tourist taxes when they are not included in the price of the service(s) provided;

10. the schedule and terms of payment of the price; the last payment made by the purchaser may not be less than 30% of the price of the trip or stay and must be made when the documents enabling the trip or stay to be carried out are handed over;

11. the special conditions requested by the buyer and accepted by the seller;

12. the terms and conditions under which the purchaser may lodge a complaint with the vendor for non-performance or improper performance of the contract, which complaint must be addressed as soon as possible, by any means enabling the vendor to obtain an acknowledgement of receipt, and, where appropriate, notified in writing to the tour operator and the service provider concerned;

13. the deadline for informing the buyer in the event of cancellation of the trip or holiday by the seller if the completion of the trip or holiday is linked to a minimum number of participants, in accordance with the provisions of 7° of Article R.211-4 ;

14. the conditions of cancellation of a contractual nature;

15. the cancellation conditions provided for in Articles R.211-9, R.211-10 and R.211-11;

16. details concerning the risks covered and the amount of the guarantees under the insurance contract covering the consequences of the seller's professional civil liability;

17. information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as information concerning the assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;

18. the deadline for informing the seller in case of assignment of the contract by the buyer;

19. an undertaking to provide the buyer, at least ten days before the date of departure, with the following information:

(a) the name, address and telephone number of the seller's local representative or, failing that, the names, addresses and telephone numbers of local bodies likely to assist the consumer in the event of difficulties or, failing that, the telephone number for urgent contact with the seller ;

(b) in the case of travel and stays abroad by minors, a telephone number and address enabling direct contact to be established with the child or the person responsible on the spot for the child's stay ;

20. The clause of cancellation and reimbursement without penalties of the sums paid by the buyer in the event of non-compliance with the obligation of information provided for in 13° of article R.211-4 ;

21. The commitment to provide the purchaser, in good time before the start of the journey or stay, with the departure and arrival times.

Art. R.211-7 - The purchaser may assign his contract to a transferee who fulfils the same conditions as him to carry out the trip or stay, as long as this contract has not produced any effect. Unless a more favourable stipulation is made to the transferor, the latter is required to inform the vendor of his decision by any means allowing him to obtain an acknowledgement of receipt no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. Under no circumstances is this transfer subject to prior authorisation by the vendor.

Art. R.211-8 - Where the contract expressly provides for the possibility of revising the price, within the limits provided for in Article L.211-12, it must mention the precise methods of calculation, both upwards and downwards, of price variations, and in particular the amount of transport costs and related taxes, the currency or currencies that may have an impact on the price of the journey or holiday, the proportion of the price to which the variation applies, the rate of the currency or currencies used as a reference when establishing the price appearing in the contract.

Art. R.211-9 - When, before the buyer's departure, the seller is forced to make a modification to one of the essential elements of the contract such as a significant increase in price and when he disregards the obligation of information mentioned in 13° of article R.211-4, the buyer may, without prejudice to any recourse for compensation for any damage suffered, and after having been informed by the seller by any means allowing him to obtain an acknowledgement of receipt:
- Either cancel the contract and obtain immediate reimbursement of the sums paid without penalty;

- or accept the modification or substitute trip proposed by the vendor; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums remaining due by the purchaser and, if the payment already made by the latter exceeds the price of the modified service, the excess must be returned to him before the date of his departure.

Art. R.211-10 - In the case provided for in article L.211-14, when, before the buyer's departure, the seller cancels the trip or stay, he must inform the buyer by any means that allows him to obtain an acknowledgement of receipt; the buyer, without prejudice to any recourse for compensation for any damage suffered, shall obtain from the seller immediate reimbursement without penalty of the sums paid; the buyer shall receive, in this case, compensation at least equal to the penalty that he would have borne if the cancellation had been made by him on that date. The provisions of this article shall in no way prevent the conclusion of an amicable agreement aimed at the acceptance, by the buyer, of a substitute trip or stay proposed by the seller.

Art. R.211-11 - When, after the buyer's departure, the seller is unable to provide a preponderant part of the services provided for in the contract representing a non-negligible percentage of the price honoured by the buyer, the seller must immediately take the following measures without prejudice to any recourse for compensation for damages that may have been suffered :

- or offer services in replacement of the services provided and, if the services accepted by the buyer are of inferior quality, the seller must reimburse the difference in price as soon as he returns;

- or if he cannot offer any replacement services or if these are refused by the buyer for valid reasons, provide the buyer, without any price supplement, with transport tickets to ensure his return under conditions that can be deemed equivalent to the place of departure or to another place accepted by both parties.

The provisions of this article are applicable in the event of non-compliance with the obligation provided for in 13° of article R.211-4.
 

 

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