Conditions de vente

General Terms and Conditions

Article R211-3

Modified by Decree No. 2009-1650 of 23rd December 2009 - art. 1.

Subject to the exclusions provided for in the third and fourth paragraphs of article L. 211-7, any offer or sale of travel or holiday services resulting in the handing over of relevant documents which meets the rules set out in the present paragraph.

In the event of the sale of air transport tickets or transport tickets on scheduled services which are not accompanied by services associated with this transport, the seller shall present the buyer with one or more passenger tickets for the whole of the journey, issued by the transporter or under its responsibility. For on-demand transportation, the name and address of the transporter, on behalf of whom the tickets are issued, must be stated.


Separate invoicing of the various parts of the same tourism package does not relieve the seller of their obligations which are set out in the regulatory clauses of this section.

Article R211-3-1

 

Created by Decree No. 2009-1650 of 23rd December 2009 - art. 1.

Any pre-contractual exchange of information or provision of contractual terms and conditions shall be put in writing.  This can be done electronically subject to the terms and conditions set out in articles 1369-1 to 1369-11 of the French Civil Code. The name or company name and address of the seller as well as their registration details with the register provided for in article L. 141-3 or, if necessary, the name, address and registration details of the federation or union set out in the second paragraph of article R. 211-2 should be detailed.

Article R211-4

Created by Decree No. 2009-1650 of 23rd December 2009 - art. 1.

Prior to coming to an agreement, the seller must communicate information to the customer about the prices, dates, and other key elements of the tour or holiday services provided such as:

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

2. The type of accommodation, its location, level of comfort and main characteristics, its certification and ranking in relation to the regulations or common practices of the host country;

3. The catering services on offer;

4. A description of the itinerary for tours;

5. The administrative and medical procedures to be carried out by nationals or citizens of another state of the European Union or a State which is part of the European Economic Area agreement in the event, in particular, of crossing borders, as well as the corresponding deadlines;

6. The visits, outings and other services included in the package or available for a supplement;

7. The minimum or maximum size of a group required for the tour or holiday to be organised and if the organisation of the tour or holiday is dependent on a minimum number of participants, the deadline for informing customers if the tour or holiday is cancelled; this deadline cannot be less than twenty one days before departure;

8. The amount or the percentage of the price to be paid as a deposit upon signing the contract as well as the payment schedule for the balance due;


9. The terms for reviewing prices as stipulated by the contract according to article R. 211-8;

10. The contractual terms for cancellation; 

11. The cancellation terms as set out in articles R. 211-9, R. 211-10 and R. 211-11;

12. Information about taking out an optional insurance policy covering certain cases of cancellation or an assistance policy covering certain specific risks, particularly repatriation expenses in the event of accident or illness;
13. If the contract includes air transport services, information, for each part of the journey, as set out in articles R. 211-15 to R. 211-18.

Article R211-5

Modified by Decree No. 2009-1650 of 23rd December 2009 - art. 1.

Any prior information shared with the consumer is binding for the seller, unless the seller has stated in this information that they formally reserve the right to modify certain parts of it.  In this case, the seller must clearly indicate in what way and which factors may be modified. In any case, any changes made to prior information must be communicated to the consumer before signing the contract.

Article R211-6

Modified by Decree No. 2009-1650 of 23rd December 2009 - art. 1.

The contract agreed between the seller and the buyer must be written, drawn up in two examples, one copy of which is given to the buyer, and signed by both parties.  If the contract is agreed electronically, articles 1369-1 to 1369-11 of the French Civil Code apply. The contract must contain the following clauses:

1. The name and address of the seller, of his guarantor and his insurer as well as the name and address of the organising body;

2. The travel destination(s) and, in the event of a split holiday, the dates of the different periods;

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

4. The type of accommodation, its location, its level of comfort and main characteristics and its ranking in relation to the regulations or common practices of the host country;

5. The catering services on offer;

6. A description of the itinerary for tours;

7. The visits, outings and other services included in the total price of the tour or holiday;

8. The total price of the services invoiced as well as information about any possible modification to this invoice in accordance with the clauses of article R. 211-8;

9. Information, if application, of any fees or taxes pertaining to certain services such as airport landing fees or port docking fees, boarding taxes or tourist taxes if these are not included in the price of the service(s) provided;

10. The payment schedule and details; the final payment made by the buyer may not be less than 30% of the price of the tour or holiday and must be made when the tour or holiday documents are handed over to the buyer;

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

12. The details of how the buyer can make a claim in the event of the seller not fulfilling or partially fulfilling the contract, which must be sent as quickly as possible, by any means offering an acknowledgement of receipt by the seller and, where applicable, indicated in writing.

13. The deadline for informing the buyer in the event of the seller cancelling the tour or holiday if the tour or holiday is dependent on a minimum number of participants in accordance with the clauses of item 7 of the article R. 211-4;

14. The contractual terms for cancellation;

15. The cancellation terms as set out in articles R. 211-9, R. 211-10 and R. 211-11;

16. The details of the risks covered and the level of cover offered by the insurance policy covering the consequences of the seller's professional liability insurance;

17. Information about the insurance policy covering the consequences of certain cases of cancellation taken out by the buyer (policy number, name of insurer) as well as information relating to the assistance policy covering certain specific risks, particularly repatriation expenses in the event of an accident or illness; in such cases, the seller must give the buyer a document specifying at least the risks covered and those excluded;

18. The deadline for informing the seller in the event of the buyer cancelling the contract;

19. The undertaking to provide the buyer, at least ten days prior to the planned departure date, 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 be able to assist the customer in the event of a problem or, failing that, a telephone number which may be used to contact the seller in an emergency;

b) For tours and holidays abroad with minors, a telephone number and address which may be used to contact the child or the person in charge of the holiday on site directly;

20. The clause for the termination and reimbursement without penalties of the amount paid by the buyer in the event of failure to adhere to the information obligations set out in item 13 of article R. 211-4;

21. The undertaking to providing the buyer in due course before the beginning of the tour or holiday with the departure and arrival times.

Article R211-7

Modified by Decree No. 2009-1650 of 23rd December 2009 - art. 1.

The buyer may transfer his contract to an assignee who fulfils the same conditions, allowing the assignee to complete the tour or holiday, as long as the tour or holiday has not yet begun.

Unless there is a more favourable provision for the assignor, the latter must inform the seller of their decision by any means offering acknowledgement of receipt no later than seven days before the beginning of the trip. For cruises, a deadline of fifteen days is applicable. This transfer is not in any way subject to previous authorisation by the seller.

Article R211-8

Modified by Decree No. 2009-1650 of 23rd December 2009 - art. 1.

If the contract contains a formal possibility for revising the price, subject to the provisions of article L. 211-12, it must refer to the precise calculation details, both for increases and decreases, price variations and in particular, the amount of the pertaining taxes and transport expenses, the currency (or currencies) which may have an impact on the price of the tour or holiday, the part of the price to which the variation applies, the exchange rate of the currency (or currencies) used as a reference when calculating the price which appears on the contract.

Article R211-9

Modified by Decree No. 2009-1650 of 23rd December 2009 - art. 1.

If, before the buyer departs, the seller is forced to modify one of the key elements of the contract such as a significant increase in the price, and if the seller disregards the obligation to provide information about this as set out in No. 13 of article R. 211-4, the buyer may, without prejudice to compensation claims for any damages suffered, and after having been informed by the seller by any means offering acknowledgement of receipt:

- either terminate the contract and obtain an immediate refund for any amounts paid without penalty;
- or accept the modification or the substitute trip offered by the seller; a supplementary clause to the contract specifying the changes made should therefore be signed by both parties; any reduction in price should be taken off any amounts which remain payable by the buyer and, if the total of the sums already paid by the latter is greater than the price of the modified service, the excess amount must be returned to the buyer before the date of departure.

Article R211-10

Modified by Decree No. 2009-1650 of 23rd December 2009 - art. 1.

In the event provided for in article L. 211-14, when, before the buyer's departure the seller cancels the trip or the holiday, the latter must inform the buyer by any means offering acknowledgement of receipt; the buyer, without prejudice to compensation claims for any damages suffered, shall obtain from the seller an immediate refund for the amounts paid without penalty; in this case the buyer shall receive compensation which is at least equal to the penalty which the latter would have been required to pay in the event of cancelling the contract on this date.

The clauses of this article do not prevent, in any way, coming to an amicable agreement regarding an offer accepted by the buyer of a substitute trip or holiday offered by the seller.

Article R211-11

If, once the buyer has departed, the seller is unable to provide a predominant part of the services set out in the contract representing a significant percentage of the price paid by the buyer, the seller must immediately carry out the following, without prejudice to compensation claims for any damages suffered:
 

- either offer replacement services for those planned, bearing any additional cost and, if the services accepted by the buyer are lower quality, the seller must refund the difference in price upon return;

- or, if the seller cannot offer a replacement service, or if the service is refused by the buyer for valid reasons, provide the buyer with transportation tickets for a return journey in equivalent conditions to the place of departure or to another place agreed by both parties, without any additional costs.

The clauses of this article are applicable in the event of failure to adhere to the obligation provided for in No. 13 of article R. 211-4.

 

Specific terms and conditions

The terms and conditions are set out in Decree No. 94-490 of 15th June 1994, pursuant to Law No. 92-645 of 13th July 1992 stating the conditions binding upon activities relating to the travel and tourism organisation and sales. SARL PATRICIA LINOT CONSEIL / TRAVEL COLLECTION is the holder of state registration number IM077110019 and is a member of APST, which guarantees its financial security. SARL PATRICIA LINOT CONSEIL / TRAVEL COLLECTION is covered by professional civil liability insurance with HISCOX France - Contract: HA RCP0224230.

Reservations and payment methods

Reservation is effective and validated upon receipt of written confirmation from the buyer, accompanied by a deposit of at least 30% of the total price of the trip. For certain destinations, payment of all transport costs may be required at the time of reservation, plus the cost of additional insurance. The balance must be paid, without reminder from ourselves, no later than 30 days before departure. Should this condition not be complied with, the contract is considered as void.

For all reservations made less than 30 days before departure, the entire cost of the trip must be paid upon reservation.

Payments are accepted by cheque, bank transfer and credit card, with the exception of American Express, and ANCV holiday vouchers.

Administrative and health formalities

Travel Collection informs French clients of police regulations and health-related information applicable at the time of travel. For foreign nationals, Travel Collection can provide such information upon request. Under no circumstances can Travel Collection assume the individual responsibility of its clients, who are responsible for meeting all administrative requirements before departure (passport, visa, health certificates, etc.) and for the entire duration of the trip, including completing customs formalities in countries in relation to the export of any items.

Non-compliance with formalities or failure by the client to produce valid administrative documents for whatever reason may lead the client to being delayed or refused travel. This remains the client’s responsibility, and any costs incurred as a result remain at the client’s charge. Nationals from countries which are not Member States of the European Union are responsible for contacting their consular authorities. 

Responsibility

Pursuant to Article 23 of Law No. 92-645 of 13 July 1992, SARL PATRICIA LINOT CONSEIL / TRAVEL COLLECTION cannot be held responsible for the consequences of the following events:

- Unpredictable and insurmountable acts of a third party affecting the trip such as: wars, political disturbances, strikes, technical incidents, airspace congestion, poor weather, delays (particularly for reasons of security), breakdowns, loss or theft of luggage or other possessions.

- Cancellation resulting from force majeure, for reasons of security and/or upon the instruction of a public authority.

- Incidents, accidents or physical damage which may result from imprudent personal behaviour where the participant did not follow the recommendations and advice given by the trip leader.

- Delay(s) incurred as a result of the issues mentioned above as well as resulting changes to the itinerary will not give rise to compensation in any form, particularly due to changes in the length of the programme as originally planned or delays in any connections.

Any additional costs connected with disturbances of this nature (taxes, hotels, parking, etc.) will remain the client's responsibility.

Prices

Trip prices are given in euros. Generally speaking, they include services such as those set out in your proposal.

Price revisions

In accordance with Article L211-12 modified by Law No. 2009-888 of 22nd July 2009 - Art. 1, the prices set out in the contract may not be revised, other than in the following cases:

1/ Changes in transport costs, in particular connected with the price of fuel: increases passed on by the service provider.

2/ Changes in fees and taxes relating to the services provided, such as landing taxes, boarding taxes or disembarkation fees in ports and airports: increases passed on by the service provider.

3/ Changes in the exchange rate applied to the cost of the trip: from + 0.3%

4/ Changes in the cost of ground services, for example the price of entry to sites/monuments included in the programme, increases in local taxes.

During the thirty days preceding the planned departure date, the set price of the contract may not be increased or decreased.

Reservation of tickets only

In the case of sale of air tickets or transport tickets on standard lines or rental of a vehicle without any other services relating to this transport, the seller will invoice the buyer €45 per ticked issued.

After its first proposition, Travel Collection reserves the right to invoice for the costs of preparing your tailor-made project, according to the following scale:

Short stay (1-4 days): €200 inclusive of taxes per file.

Medium stay (5-8 days): €400 inclusive of taxes per file.

Long stay (more than 9 days): €600 inclusive of taxes per file.

Photos and illustrations

Photos and illustrations contained on the website and in our documentation are not legally binding.

Travel Collection uses videos and photos provided by its suppliers and which may be used in any documentation in on its website.

The Intellectual Property rights remain the exclusive property of Travel Collection, and their use without Travel Collection’s prior agreement will be considered as fraud and liable to prosecution before the relevant courts with a view to obtaining compensation for damages incurred.

Cancellation fees

Cancellation by the buyer

Cancellation by individual clients:

Any cancellation (or changes less than 60 days before departure, considered as a cancellation) must be confirmed in writing by recorded delivery with acknowledgement of receipt. The date of signature of the receipt will be binding. Cancellation insurance is, in all cases, highly recommended.

Other than any specific conditions mentioned in writing at the time of reservation, the amount retained of the refund is calculated according to the following scale:

For ground services:

Up to 61 days before departure: 50% of the total cost of ground services with a minimum fee of €200 (inclusive of taxes) per person.

From 60 to 30 days before departure: 80% of the total cost of ground services.

Less than 30 days before departure: 100% of the cost of ground services.

Insurance policies which have been taken out are non-refundable. 

For air travel, other than where specifically mentioned otherwise at the time of reservation, cancellation between confirmation of the file and the day of departure: 100% of the cost of air services.

Any trip which is interrupted or cut short due to a participant for whatever reason will not give rise to any refund.

Cancellations by groups:

All services featuring on the programme which are not used by the traveller will not give rise to any right to a refund. In the event of cancellation, the following fees will be retained:

For ground services:

Up to 61 days before departure: 50% of the total cost of ground services with a minimum fee of €200 (inclusive of taxes) per person.

From 60 to 30 days before departure: 80% of the total cost of ground services.

Less than 30 days before departure: 100% of the cost of ground services.

Insurance policies which have been taken out are non-refundable.  

For transport, other than where explicitly mentioned at the time of reservation, cancellation between confirmation of the file and the day of departure: 100% of the cost of air services.

Changes or modifications to name

Any changes or modifications to the name with a transport company will lead to costs which may vary depending on the company. These costs will be applied to the buyer in line with the conditions of each company.

Cancellation by the seller

If Travel Collection has to cancel a departure for any reason, those who have already reserved will be fully refunded, without being able to claim compensation.

In the event of a service provider failing to provide a service, or if, for compelling reasons (weather conditions, requisition, political circumstances, strikes, etc.) all or part of the commitments have to be cancelled, they will be replaced by equivalent services. In certain circumstances, the route, accommodation and transport may be modified. Travellers may not refuse such changes without valid reason, nor claim any compensation. We may, where circumstances oblige, substitute one form of transport or accommodation for another, take a different route or cancel certain trips, without these exceptional changes giving rise to any compensation. Travel Collection may not be held responsible for the resulting changes or modifications.

Should weather conditions oblige us to cancel an excursion or specific activity we cannot refund the part which is affected. In all circumstances, we will do our utmost to ensure that you can complete your schedule by offering alternatives: another location, another route, another activity, another date, etc.

Insurance

We hold a financial liability guarantee up to 200,000 euros with the APST (Association Professionnelle de Solidarité du Tourisme) 15 Avenue Carnot - 75017 Paris -France. This compulsory contract guarantees the funds that you deposit with us.

Travel Collection has taken out a professional civil liability insurance contract with HISCOX France. This contract meets the conditions set by the Secretary of State for Tourism (Law of 13th July 1992).

Notes

Travel Collection offers all travellers a multirisk insurance policy covering: cancellation, repatriation and luggage assistance, through a contract with Allianz.

Travellers who do not take out this optional insurance policy are bound by the cancellation conditions set out in the terms and conditions above. Travel Collection recommends that travellers check their personal insurance policies and note any emergency telephone numbers.

INDIVIDUAL prices (inclusive of taxes, per person)

1/ MULTIRISQUE Standard: 4%

Cancellation for listed risks, Luggage €800, Assistance €10,000, Missed flight, Interrupted holiday

2/ MULTIRISK Plus: Medium-haul: €40

Full cancellation except, Luggage €3,000, Assistance €85,000 / €180,000, Delayed flight, Civil responsibility, Interrupted holiday, Individual accident, Departure and return impossible

3/ MULTIRISK Plus: Long-haul: €80

Full cancellation except, Luggage €3,000, Assistance €85,000 / €180,000, Delayed flight, Civil responsibility, Interrupted holiday, Individual accident, Departure and return impossible

4/ MULTIRISK Plus: Medium-haul, credit card supplement: €30

Full cancellation except, Luggage €3,000, Assistance €85,000 / €180,000, Delayed flight, Civil responsibility, Interrupted holiday, Individual accident, Departure and return impossible

5/ MULTIRISK Plus: Long-haul, credit card supplement: €40

Full cancellation except, Luggage €3,000, Assistance €85,000 / €180,000, Delayed flight, Civil responsibility, Interrupted holiday, Individual accident, Departure and return impossible

Guaranteed passenger rights: €10

GROUP rates:

Cancellation, luggage (up to €1,800, assistance (up to €75,000), missed flight, civil responsibility, interrupted holiday, and individual accident: 6% of total cost (including taxes) (transport, ground services and options).

Group of over 50 people: 5% discount on the total cost.

Group of over 100 people: 10% discount on the total cost.

Complaints

Travel Collection strives to resolve any disputes amicably. Any complaints about trips must be sent to us by recorded delivery with signed receipt, accompanied by sufficient proof, no later than 15 days after the end of the holiday. Beyond this date, no complaints will be taken into consideration. 

Travel Collection - SARL Patricia Linot Conseil with a capital of €7,500 – Registered company number RCS Melun 517 939 088 00012 Atout France registration number IM077110019 – APST financial guarantee – PLI provided by HISCOX France 13, rue de France - 77300 Fontainebleau - France Tel.: +33 (0)1 64 38 86 45 - Mobile no.: +33 (0)6 08 23 95 82 EMail: contact@travel-collection.fr - Web: www.travel-collection.fr