Terms & Conditions
The conditions governing the organization and sale of travel and tourism packages are governed by articles L. 211-1 et seq. and R. 211-1 et seq. of the French Tourism Code.
ARTICLE 1 – DEFINITIONS
The “SAS” refers to Camping Developpement; its business is the provision of space in the campsite it manages.
The ” Customer ” refers to any person using the Website to order any Service offered by SAS, as well as any person on whose behalf an order has been placed.
An ” Order ” refers to any reservation made and validated by the Customer.
The ” Special Terms and Conditions of Sale ” refer to the contractual terms and conditions specific to each Order issued by SAS, which must be accepted by the Customer prior to any commitment on his part in connection with an Order.
The “Contract” is the set of documents formalizing the reciprocal commitments entered into between SAS and the Customer: in particular, these General Terms and Conditions of Sale and the associated Special Terms and Conditions of Sale.
” Stay ” or ” Rental ” refer to all other services for sale on the Site.
” Partner ” refers to any service provider providing services on behalf of SAS. This includes rental companies, sports clubs and event organizers (concerts, festivals, cruises, etc.).
” Service ” refers to any service provided by SAS to the Customer, whether presented in its catalog or tailor-made on the basis of a specific, customized request.
ARTICLE 2 – SCOPE OF APPLICATION
2.1. The present General Terms and Conditions of Sale apply to all Orders placed on the website, via the telephone platform (whose contact details are specified in article 4) or directly in the SAS physical reception area, by post or by e-mail. They also apply to any additional Service(s) validated by the Customer during his/her stay.
These General Terms and Conditions of Sale apply to all customers, whether they are making individual bookings (for up to 19 people) or group bookings (consisting of 20 or more people).
The sale of tourist services is governed in particular by the French Consumer Code and, more specifically, by Title 1 of Book II of the French Tourism Code relating to the organization of travel and holiday sales. In accordance with article R. 211-12 of the French Tourism Code, articles R. 211-3 to R. 211-11 of said Code are reproduced below.
The present General Terms and Conditions of Sale are valid from November1st 2024. This version cancels and replaces all previous versions.
The Customer is invited to read these General Terms and Conditions of Sale carefully. They are referenced by hypertext link on the Website before confirmation of the Order, as well as in the SAS sales offices.
You are advised to download and/or print them and keep a copy. It is also advisable to read these General Terms and Conditions of Sale before validating any new Order, as they may be modified at any time. Our general terms and conditions of sale apply within the framework of current regulations and, in particular, decree no. 94.490 of June 15, 1994. The purchase of a holiday implies the buyer’s acceptance of all the provisions of the general terms and conditions of sale below.
2.2. These General Terms and Conditions of Sale do not apply to the provision of services or supplies, not included in the Order, carried out within the framework of contracts concluded between the Customer and a third-party service provider (neither SARL nor one of its Partners) during the course of the Stay.
ARTICLE 3 – SAS ORGANIZER OF TRIPS AND/OR HOLIDAYS
All Services covered by these Terms and Conditions are organized (produced and/or distributed) by :
Name: CAMPING DEVELOPPEENT
Status: SAS
Address: 110 Chemin du Camping – 26790 SUZE LA ROUSSE
Tel:04 26 34 18 02
Email: contact@suzeluxenature.com
SIRET NUMBER: 952 827 582 00018
APE code:5530 Z
Intracommunity VAT number: FR40952827582
The SAS is insured for professional civil liability for its tourism activity in accordance with the provisions of articles R. 211-35 et seq. of the French Tourism Code by + SIMPLE, 2 rue Grignan 13001 MARSEILLE.
ARTICLE 4 – CUSTOMER INFORMATION
4.1 – Information prior to entering into the Contract
The information and visuals appearing on the various communication media (brochures, catalogs, website, etc.) of SAS, may be subject to modifications brought to the attention of the Customer prior to the conclusion of the Contract.
SAS, acting on behalf of any of its Partners, makes every effort to provide photos, illustrations and maps giving the Customer an overview of the Services offered and their degree of comfort.
However, as the said visuals cannot exactly reflect the content of the Services, the Customer may request further information from SAS on the characteristics of the said Services by telephone Tel.0426341802 (non surcharged call) or by e-mail: contact@suzeluxenature.com
It is expressly agreed that certain activities offered by SAS or one of its Partners are not necessarily available depending on the season and/or are subject to a minimum number of participants.
4.2 – Information prior to commencement of Services
SAS undertakes to provide the Customer, at least ten (10) days prior to the scheduled departure date, with information such as the name, address and telephone number of the main site where the Services are to be performed or, failing that, the names, addresses and telephone numbers of local organizations likely to be able to assist the Customer in the event of difficulties or, failing that, the telephone number enabling contact to be made with SAS as a matter of urgency.
ARTICLE 5 – NO RIGHT OF WITHDRAWAL
The Customer is hereby informed that, in application of articles L. 121-16-1 and L. 121-21-8 12° of the French Consumer Code, in the case of either accommodation services (other than residential accommodation), catering or leisure activities that must be provided on a specific date or at a specific time, the Services offered by SAS are not subject to the right of withdrawal provided for in articles L. 121-21 et seq. of the French Consumer Code concerning distance selling.
Consequently, Services ordered on the Website or via the telephone platform are subject exclusively to the cancellation and modification conditions set out in these General Terms and Conditions of Sale and/or in any Special Terms and Conditions of Sale.
ARTICLE 6 – CONTRACT FORMATION
All Orders are reserved for Customers who have read these General Terms and Conditions of Sale in their entirety, as well as the Special Terms and Conditions specific to each Order, and accepted them by clicking on the Website, or, where applicable, with one of the SAS sales agents, by telephone or at one of its physical points of sale.
The Contract formed under the conditions specified in article 7.2.3 below binds the Customer and all participants identified on the booking, who accept without reservation, on their own behalf and on behalf of the persons for whom they are responsible, the present Sales Conditions and any Special Conditions, and undertake to comply with all instructions and guidelines relating to the said order that may emanate from any document or instruction from SAS.
It is the responsibility of the person making the booking to ensure that all participants are aware of and accept these conditions and obligations.
ARTICLE 7 – ORDERING AND CONTRACTING PROCEDURES
7.1 – Valid booking conditions
For all reservations, whatever the medium, the Customer must be at least 18 years old (or be an emancipated minor) and legally capable of entering into a contract.
The Customer guarantees the truthfulness and accuracy of the information he/she provides to make a reservation, whether this data concerns him/herself directly or another participant in the Services.
Any fraudulent act in this context, or which contravenes the terms of the Contract in particular, may result in SAS refusing at any time to allow the Customer to finalize his Order, to access the Services concerned and/or in legal proceedings.
7.2 – Conclusion of the Contract by electronic means
7.2.1. Once the Contract has been validly concluded, it is archived by SAS on a computer medium, in compliance with the mandatory legal period.
7.2.2. Compliance with the steps for the remote conclusion of the Contract, listed below, is a mandatory condition for the conclusion of the Contract by electronic means. Failing this, the Contract is not binding and SAS is free not to perform the Services concerned.
Steps involved in concluding the Contract electronically :
– The Customer performs a search on the Website.
– Following this request, one or more offers of Services are communicated to the Customer. The Customer is also informed of the non-application of the right of withdrawal in the case of distance selling, and of the cancellation conditions applicable to said Services.
– The Customer confirms his choice by clicking on the desired Service. The Customer must provide a valid e-mail address, which he undertakes to consult regularly.
– A summary of all choices, with the date and total price of the Service(s), enables the Customer to check the details of his Order.
The Customer must ensure that all the information displayed conforms to his/her wishes (nature of the Services, date, time, mode and address of stay, price, identity, age of participants, etc.).
If this is not the case, the Customer may modify this information before validating the Order. After validation, this information cannot be modified.
– Provided that the Customer has first read and expressly accepted the present General Terms and Conditions of Sale and any Special Terms and Conditions that may apply, the Customer may validate the Order and proceed to payment by clicking on the dedicated purchase button. The Contract is then validly concluded.
– SAS, in its own name and in the name of its Partners, will send the Customer, as soon as possible after the Order has been placed, by e-mail, an acknowledgement of receipt confirming the said Order and including its essential elements such as the identification of the Service ordered, the price and the quantities. Any modification of this information is specified in article 9.
The Customer must contact SAS if he has not received an Order confirmation within five (5) days of the conclusion of the Contract.
ARTICLE 8 – PRICES AND PAYMENT TERMS
8.1 – General provisions
Prices are given in Euros.
Service descriptions specify the elements included in the price. The price is understood to include all taxes (excluding tourist tax), including SAS handling fees and related service costs.
In addition, in general, and unless expressly stated otherwise, the price does not include all expenses of a personal nature to the Customer, or incidental to the Order, in particular insurance, additional activities taken out with third parties as specified in article 2.2 and more generally any service not expressly included in the booking confirmation.
Unless otherwise indicated in writing, price reductions and promotional offers indicated on the Site, brochures and other SAS documents cannot be combined with each other for the same Order.
8.2 – Membership fee
No membership fee is required.
8.3 – Price changes
The prices of the Services have been determined on the basis of the economic conditions prevailing at the date of the Order.
SAS reserves the right to modify prices at any time up to the date of Order confirmation.
Prices may also be revised, even after confirmation, in the event of variations in or imposition of fees and taxes relating to the Services included in the Order. In this case, SAS reserves the right to modify the total amount of the Order by the percentage variation of the item concerned.
Where applicable, the customer will be informed of any price increase in writing, and may either cancel or accept the change applied under the conditions set out in article 9.
8.4 – Deposit
8.4.1 Deposit for an Order for individual Services
For any Order validated more than 30 days after the departure date (the latter not being included), a deposit representing 25% of the total price including all taxes (TTC) is paid by the Customer within 7 days after the conclusion of the Contract if the said Contract has not been validated via our site (payment of the deposit on the day of subscription if purchase via our site).
8.4.2 Deposit for an Order for Group Services
The customer must pay a deposit of 25% of the cost of the stay, 50% 30 days before the start of the stay, and the balance on arrival, unless expressly agreed otherwise with SAS. In addition to the price of the stay, there may be a local tourist tax.
8.5 – Terms of payment
Payments are made by credit card, bank transfer, cheque or e-vacation voucher when the Order is finalized on the Website and via the telephone platform.
Payments can be made by credit card, cheque, cash or “ANCV” vacation vouchers for bookings made at SAS sales outlets or by post.
In the event of payment by cheque, the cheque must be made payable to SAS, for the amount of the Order including VAT, with the number of the Customer’s proof of identity written on the back.
Without prejudice to the Customer’s right to cancel the Order under the conditions set out herein, the Customer shall not be entitled to cancel any payment order made by credit card or cheque.
The Customer guarantees SAS that he/she is the holder of the means of payment used and that he/she has sufficient funds to fully cover the payment of his/her Order.
If, for any reason whatsoever, it is impossible to debit the sums due in settlement of the said Order, the purchase process will be cancelled.
8.6 – Transaction security
In order to ensure the security of transactions carried out by the Customer, in particular on the Website, and to combat credit card fraud, the information transmitted in connection with your Order is automatically analyzed in order to determine a maximum level of reliability.
For this reason, SAS may ask the customer, by e-mail, to provide proof of identity and address, in order to protect itself against fraudulent transactions. By providing such proof, SAS guarantees greater security, by ensuring that the Customer is indeed the owner of the bank card used.
In the case of orders placed by cheque or any other means of payment, the customer may also be asked to provide proof of identity of the cheque holder, in order to guarantee maximum transaction security.
8.7 – Terms of reimbursement by SAS
Unless otherwise indicated by SAS, when a refund is due to the Customer, it is made by cheque.
In the case of payment by ANCV cheque, the customer is also reimbursed by cheque excluding the ANCV commission.
ARTICLE 9 – ORDER CANCELLATION/MODIFICATION
9.1 – General provisions
No refund or reduction in price is due by SAS for late arrival, early departure or absences by the customer during the stay.
Furthermore, the Customer’s renunciation of a Service or one of its elements cannot be the subject of any reimbursement or consideration by SAS.
Any total cancellation of an Order entails termination of the Contract.
9.2 – Order cancellation/modification by SAS
The conditions for cancellation and modification of Orders by SAS are specified in articles R.211-9 et seq. of the French Tourism Code, reproduced below.
SAS reserves the right to cancel any Event in the absence of a minimum number of participants. Where applicable, the activities concerned are specified in at least one of the SAS information documents (catalog, brochure, contractual documents, etc.). Where applicable, the Customer will be informed of the cancellation of the Services concerned no later than twenty-one (21) days before the start of the holiday.
In accordance with the provisions of article R. 211-9 of the French Tourism Code, a price increase of more than 10% of the price stated on the Contract is considered to be substantial.
In the event of modification of the Contract prior to the Customer’s departure, the request for cancellation or acceptance of the modification must be notified to SAS by any written means allowing acknowledgement of receipt (registered letter, fax, e-mail, etc.) within seven (7) days of receipt by the Customer of the information on the said modification.
Any Contract concluded through fraudulent use of the Site by the Customer or through the use of data not belonging to the Customer will be cancelled by SAS, without any reimbursement to the Customer and without prejudice to any legal recourse by SAS.
9.3 – Modification of Orders by the Customer
Reservation changes can be made via the SAS call center or at the reception desk:
- Call centre: 0033 4 90 36 52 20 (Open from 9:00 to 12:30 and from 13:30 to 18:30)
- Physical reception office (only when the campsite is open): Camping Suze Luxe Nature (open from 9am to 12pm and from 3pm to 7pm) 110 chemin du Camping à Suze-la-Rousse
Any modification must be confirmed by the customer by e-mail or post.
For any reservation of a Service corresponding to a fixed price per night, for a maximum number of people and not per person, the modification of the number of people downwards or upwards, within the limit of the number of people authorized by SAS, will in no case lead to a modification of the price according to this change. Only the cancellation of all Services will result in reimbursement, subject to the provisions of article 9 of these General Terms and Conditions of Sale.
9.4 – Order cancellation by the Customer
The reference time zone for calculating any refunds due to cancellation or modification is : UTC+1.
9.4.1 Cancellation of an Order for individual Services
In the event of cancellation by the Customer of the entire Order for Individual Services, the price or deposit paid in this connection (including the application fee and any membership fees retained by SAS) will be reimbursed in accordance with the following conditions:
| Cancellation more than 45 days before start of stay | 5% retained, as well as any fees (booking fees, cancellation insurance, etc.) |
| Cancellations made between 45 and 31 days before the start of the holiday | 25% deposit retained |
| Cancellation between 30 days and 11 days before the start of the holiday | 50% will be retained |
| Cancellation 10 days or more before the start of your stay | 100% of the total amount will be retained |
No refunds will be made for late arrivals, early departures or absences during the stay.
9.4.2 Cancellation of an Order for Group Services
In the event of cancellation by the Customer of the entire Order for Group Services, the price or deposit paid in this connection (plus any booking fees and membership fees retained by SAS) will be reimbursed in accordance with the following conditions:
| Cancellation more than 30 days before the start of your stay | Cancellation fee of 25% of the invoiced amount of the stay |
| Cancellation less than 30 days before the start of your stay | 75% of the cost of the stay will be retained |
No reduction in the invoice or refund will be granted for late arrival, early departure or absences during the stay. Final headcount must be confirmed in writing to the village no later than the date the contract is signed.
ARTICLE 10 – TRANSFER OF CONTRACT
In accordance with article R211-7 of the French Tourism Code, and subject to written acceptance by SAS, the Customer may assign his Contract to any assignee who meets the same requirements for benefiting from the Services, and in particular the same type of accommodation, the same number of people involved, children in the same age bracket, the same activities, etc., as the Customer.
In this case, the transferring Customer must inform SAS by any means allowing acknowledgement of receipt (e.g. registered letter, e-mail) no later than seven (7) days before the start of the holiday in question, excluding the departure date, providing all the supporting documents required to complete the transfer of the contract.
SAS reserves the right not to accept the said assignment for reasons relating to conditions not fulfilled by the assignee or for failure to present the relevant supporting documents.
Assignment entails payment of a non-refundable handling fee of €150 (incl. VAT), payable by the assignee. This fee is non-refundable in the event of termination of the Contract.
In the event of failure to comply with the aforementioned conditions for the transfer of Services, SAS may decide not to accept the said transfer and to charge the person presented as the transferee for all the Services concerned.
ARTICLE 11 – PERFORMANCE OF SERVICES
11.1 – Occupancy of accommodation areas
Accommodation is only available from 3:00 pm on the day of arrival and must be vacated by 10:00 am on the day of departure, regardless of the time of arrival or departure of the means of transport used by the Customer to reach the place of Stay. Any overrun may result in the invoicing of an additional night at the posted public rate.
In the event of any change to these times, SAS will provide the Customer with the departure and arrival times in good time before the start of the trip or holiday.
If the accommodation concerned by your Order does not have a night reception, we advise you to take the necessary precautions to inform the reception staff in the event of late arrival.
Pets are conditionally allowed on the SAS SUZE LUXE NATURE campsite (excluding the Baroudeur and perched cabins).
ARTICLE 12 – LIABILITY
12.1 – Responsibility of SAS
12.1.1 – When using the website or the telephone exchange
SAS cannot be held responsible for any anomaly or error on the Website or the telephone exchange in the event of malfunctions on the sites, software or terminals of the Customer or any third party.
In no event will SAS be liable for any foreseeable or unforeseeable damages, whether material or immaterial (including, without limitation, loss of profits or opportunity, etc.) arising out of the use or total or partial inability to use the Website or the telephone platform.
12.1.2 – As part of the performance of the Services
In accordance with the provisions of article L.211-16 of the French Tourism Code, SAS is fully liable to you for the proper performance of the obligations resulting exclusively from the Customer’s Order, whether these obligations are to be performed by itself or by other Partner service providers, without prejudice to its right of recourse against the latter.
The SAS is subject to common law civil liability (Article 1240 of the French Civil Code) for all services not falling within the scope of the Services defined in Article L.211-1 of the French Tourism Code.
Activities and/or transport carried out as part of the holiday and giving rise to the conclusion of a contract between the customer and an external service provider are the responsibility of the said service provider. SAS cannot be held liable in this respect.
SAS cannot be held responsible for any theft and/or vandalism that may occur during a Service. The Customer’s personal objects and valuables must be placed under the Customer’s surveillance for the duration of the stay/package.
12.2 – Customer’s liability
12.2.1 – When using the Website and the telephone exchange
It is the customer’s responsibility to check that the computer configuration used is virus-free and in perfect working order.
The Customer is financially responsible for the use of the Website and the telephone exchange made both in his own name and on behalf of third parties, including minors, unless he can demonstrate fraudulent use not resulting from any fault and/or negligence on his part.
12.2.2 – As part of the performance of the Services
The Customer, as well as all participants concerned by the Order, undertake to comply with these General Terms and Conditions of Sale, any Special Terms and Conditions of Sale, as well as all instructions and guidelines relating to the performance of the Services set out in a brochure/catalogue, on the Website or issued orally by SARL and all its staff, and to behave in a safe, respectful and courteous manner throughout the performance of the Services.
In the event that the Customer’s attitude or that of one of the above-mentioned participants is likely to cause harm, danger or disturbance to one of SAS’s employees, to other customers or to any third party in general, SAS reserves the right, at its sole discretion, to terminate the Customer’s stay at any time.
In this case, the Customer will not be entitled to any reimbursement or compensation for the early termination of the Order. SAS also reserves the right to claim reimbursement from the Customer for any costs incurred as a result of such action, without prejudice to the right to seek legal redress for any damages incurred.
In addition, the Customer may be asked to pay a deposit before or on the first day of the Services. The amount of this deposit depends on the services included in your Order. If applicable, this amount is indicated in the Special Conditions of Sale.
12.2.3 – Dependent liability
Any person dependent on the Customer, and in particular any non-emancipated minor, taking part in the Services must be accompanied by one or both parents or their legal guardian.
ARTICLE 13 – INSURANCE
No compulsory insurance is included in the Services offered by SAS.
It is the customer’s responsibility to take out any other insurance contract, such as cancellation/interruption of stay insurance or repatriation assistance. The customer is offered optional cancellation insurance as part of the services sold. SAS subscribes to CAMPEZ COUVERT- GRITCHEN AFFINITY insurance 27 rue Charles Durand – CS 70139 – 18021 BOURGES Cedex. The clauses and conditions of the cancellation-interruption insurance, and in particular the events covered, are included in the booklet attached to your booking contract.
It is the Customer’s responsibility to take out any insurance that may be necessary and/or compulsory for the performance of the Services. In this respect, it shall take out a contract covering its civil liability, for its own account and for the persons for whom it is responsible.
ARTICLE 14 – FORCE MAJEURE
Force majeure is defined under French law as strikes by SAS staff and/or the staff of one of its partners, major events, unforeseeable and irresistible weather conditions at the time of booking (storms, etc.), hydrological conditions (floods, etc.) and exceptional geographical conditions.
SAS reserves the right to cancel any Order in the event of force majeure leading to a definitive impediment.
In the event of force majeure temporarily preventing execution of the Order, the latter shall be suspended and SAS reserves the right to modify the date and/or content and/or place of execution, unless the resulting delay justifies termination of the Contract.
For the application of the present Article, force majeure is understood to mean any event or fact that the parties could not reasonably foresee and control at the time of booking due to its external, unforeseeable and irresistible nature. Cases of force majeure, in addition to those recognized by French courts and tribunals, include total or partial strikes, whether internal or external to the association, terrorism, wars or uprisings, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fire, storms, floods, water damage, computer system breakdown paralyzing the normal pursuit of business by a Party.
In any event, total or partial non-performance of the Services due to force majeure shall not give rise to any reimbursement or damages by SAS.
ARTICLE 15 – INFORMATION AND COMPLAINTS
Complaints that arise during the performance of the Contract must be submitted as soon as possible, from the time the failure concerned is identified, to SAS and, where applicable, to any other service provider concerned, so that a solution can be sought immediately.
Any post-performance complaint must be addressed to SAS and to the aforementioned service provider, at the latest within one (1) month of the end of performance of the Service, at the address indicated in article 3.
Complaints must be sent by any means allowing SAS to acknowledge receipt.
In this context, the Customer must respect the personal and confidential nature of all correspondence with SAS.
In the absence of a satisfactory response, and in accordance with the provisions of the French Consumer Code concerning “the mediation process for consumer disputes”, the customer has the right to have recourse, free of charge, to the mediation service offered by SAS CAMPING DEVELOPPEMENT. The proposed “consumer law” mediator is CM2C (Centre de Médiation de la Consommation des Conciliateurs de Justice).
This mediation service can be reached by :
- Electronic: cm2c@cm2c.net
- By post: CM2C 49 rue de Ponthieu 75008 PARIS
ARTICLE 16 – GENERAL DATA PROTECTION REGULATION
16.1 All orders will be subject to a computer record accessible by the Customer on request from the following address: contact@suzeluxenature.com
16.2. Any personal data collected by SAS is processed for the purpose of carrying out communication and service provision operations. This personal data, as well as that relating to information and service provision operations, may be processed for the purposes of monitoring and improving the partnership relationship, as well as in the context of anti-fraud measures and in application of legislation to combat money laundering and the financing of terrorism.
16.3. This data may be used to personalize offers and send information on services offered or distributed by SAS. The persons concerned have the right to access, rectify, oppose and delete their personal data, as well as the possibility of defining specific directives relating to the conservation, deletion and communication of this data after death. They may exercise these rights at any time by sending their request by e-mail to “promotion@escapade-vacances.fr”. Data is kept for the time necessary to achieve the above-mentioned purposes, and for the duration of any applicable statutes of limitation.
ARTICLE 17 – APPLICABLE LAW AND JURISDICTION
The present General Terms and Conditions of Sale, as well as all parts of the Contract, including in particular the Special Terms and Conditions of Sale, are governed by French law. Any dispute relating to their interpretation and/or execution shall be referred to the competent French courts.
ARTICLE 18 – IMAGE RIGHTS
18.1. SAS CAMPING DEVELOPPEMENT reserves the right to use photos taken during a stay (publications, paper, electronic, web, website, exhibitions, slide shows, photo CDs given to participants, etc.).
18.2. If the family or legal representative does not wish one of the participants to appear in the photos, a written refusal must be sent to SAS no later than 8 days before the start of the holiday.
ARTICLE 19 – MISCELLANEOUS
19.1. The fact that SAS does not raise, at one time or another, one of the provisions of the present General Terms and Conditions of Sale and, more generally, of one of the parts of the Contract, shall not be interpreted as a waiver by SAS of its right to raise such provision(s) at a later date.
Should any provision of the Contract or any of its constituent parts be declared null and void or ineffective, it shall be deemed unwritten, without affecting the validity of the other provisions, unless the provision declared null and void or ineffective was essential and decisive for the performance of the said Contract.
19.2. It is moreover expressly agreed that, in the absence of manifest error on the part of SAS, the data stored in the information system of SAS, in particular in the electronic messaging tools used by SAS, have evidential value with regard to Orders placed and the performance of the obligations of the parties.
Data stored on computer or electronic media by SAS shall constitute evidence and, if produced as evidence by SAS in any litigation or other proceedings, shall be admissible, valid and enforceable between the parties in the same manner, under the same conditions and with the same evidential value as any document drawn up, received or stored in writing.
ARTICLE 20 – EXTRACTS FROM THE TOURISM CODE
The brochure or catalog as well as the Order summary proposal, exchanged on paper or by electronic means, constitute the prior information referred to in article R. 211-4 of the French Tourism Code.
Article R. 211-3
” Subject to the exclusions set out in the third and fourth paragraphs of article L. 211-7, all offers and sales of travel or holiday services must be accompanied by appropriate documents that comply with the rules set out in this section.
In the case of the sale of air tickets or scheduled airline tickets not accompanied by services related to such transport, the seller shall issue the purchaser with one or more tickets for the entire journey, issued by or under the responsibility of the carrier. In the case of transportation on demand, the name and address of the carrier, on whose behalf the tickets are issued, must be mentioned.
The separate invoicing of the various elements of the same tourist package does not exempt the vendor from his obligations under the regulatory provisions of this section.
Article R. 211-3-1
“The exchange of pre-contractual information or the provision of contractual terms and conditions shall be in writing. They may be made by electronic means under the conditions of validity and exercise provided for in articles 1127 to 1227-6 of the Civil Code. The name or company name and address of the seller are mentioned, along with an indication of his 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.”
Article R. 211-4
” Prior to the conclusion of the contract, the seller must provide the consumer with information on the prices, dates and other components of the services provided in connection with the trip or stay, such as :
1° The destination, means, characteristics and categories of transport used;
2° The type of accommodation, its location, its level of comfort and its main features, its certification and tourist classification in accordance with the regulations or customs of the host country;
3° Catering services offered;
4° A description of the itinerary in the case of a tour;
5° Administrative and health formalities to be completed by nationals or citizens of another European Union Member State or a State party to the Agreement on the European Economic Area when crossing borders, and deadlines for completion;
6° Visits, excursions and other services included in the package or available at extra cost;
7° The minimum or maximum group size required for the trip or holiday 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 twenty-one days before the Departure Date;
8° The amount or percentage of the price to be paid as a deposit on conclusion of the contract and the schedule for payment of the balance;
9° Price revision terms and conditions as provided for in the contract in application of article R. 211-8 ;
10° Contractual cancellation conditions ;
11° The cancellation conditions defined in articles R. 211-9, R. 211-10 and R. 211-11 ;
12° Information concerning the optional subscription 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° When the contract includes air transport services, the information, for each leg of the flight, provided for in articles R. 211-15 to R. 211-18 .
Article R. 211-5
” Prior information given to the consumer is binding on the seller, unless the seller has expressly reserved the right to modify certain elements of the information. In this case, the seller must clearly indicate the extent to which this modification may be made, and on which elements.
In any event, changes to the prior information must be communicated to the consumer before the contract is concluded. “
Article 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 electronically, articles 1125 to 1127-6 of the French Civil Code apply. The contract must include the following clauses:
1° The name and address of the seller, his guarantor and insurer, and the name and address of the organizer;
2° The destination or destinations of the journey and, in the case of a split holiday, the different periods and their dates;
3° Means, characteristics and categories of transport used, dates and places of departure and return;
4° The type of accommodation, its location, level of comfort and main features, and its tourist classification under the regulations or customs of the host country;
5° 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 revision of this invoicing pursuant to the provisions of article R. 211-8 ;
9° Indication, where applicable, of 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 buyer may not be less than 30% of the price of the trip or holiday and must be made when the documents enabling the trip or holiday to take place are handed over;
11° Any special conditions requested by the buyer and accepted by the seller;
12° The terms and conditions under which the purchaser may submit a complaint to the vendor for non-performance or poor performance of the contract, which complaint must be sent as soon as possible, by any means enabling an acknowledgement of receipt to be obtained by the vendor, and, where applicable, notified in writing to the travel organizer and service provider concerned;
13° The deadline for informing the purchaser in the event of cancellation of the trip or holiday by the vendor in cases where 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° Contractual cancellation conditions ;
15° The cancellation conditions stipulated in articles R. 211-9, R. 211-10 and R. 211-11 ;
16° Details of the risks covered and the amount of cover 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 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 the event of transfer of the contract by the buyer ;
19° A commitment to provide the buyer with the following information at least ten days before the scheduled departure date:
- 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 help the consumer in the event of difficulty or, failing that, the telephone number for urgent contact with the seller ;
- b) For trips and stays abroad for minors, a telephone number and address enabling direct contact with the child or the person in charge of the stay;
20° A clause providing for cancellation and reimbursement, without penalty, of sums paid by the buyer in the event of failure to comply with the obligation to provide the information specified in article R. 211-4, 13°;
21° An undertaking to provide the purchaser with departure and arrival times in good time before the start of the trip or holiday. “
Article R. 211-7
” The purchaser may assign his contract to an assignee who meets the same conditions as he does for the trip or stay, as long as the contract has not produced any effect.
Unless otherwise agreed, the assignor must inform the seller of his decision by any means capable of producing 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 authorization by the seller. “
Article R. 211-8
” When the contract includes the express possibility of revising the price, within the limits stipulated in article L. 211-12, it must mention the precise methods for calculating price variations, both upwards and downwards, 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 trip or stay, the portion of the price to which the variation applies, and the exchange rate of the currency or currencies used as a reference when establishing the price appearing in the contract. “
Article R. 211-9
” When, before the buyer’s departure, the seller is obliged to make a change to one of the essential elements of the contract, such as a significant increase in price, and when he fails to comply with the obligation to provide the information mentioned in 13° of article R. 211-4, the buyer may, without prejudice to any claims for compensation for any damage suffered, and after having been informed by the seller by any means capable of producing an acknowledgement of receipt :
-cancel the contract and obtain immediate reimbursement of the sums paid, without penalty;
–or accept the modification or substitute trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums still owed by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of his departure “.
Article R. 211-10
” In the case provided for in article L. 211-14, when the seller cancels the trip or holiday before the purchaser’s departure, he must inform the purchaser by any means enabling him to obtain an acknowledgement of receipt; the purchaser, without prejudice to any claims for compensation for any damage suffered, obtains from the seller immediate reimbursement, without penalty, of the sums paid; in this case, the purchaser receives compensation at least equal to the penalty he would have incurred if the cancellation had been made by him on that date. The provisions of the present article shall in no way prevent the conclusion of an amicable agreement for the purpose of the buyer’s acceptance of a substitute trip or stay proposed by the seller. “
Article R. 211-11
” When, after the buyer’s departure, the seller finds himself unable to provide a preponderant part of the services provided for in the contract, representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures, without prejudice to any claims for compensation for damages suffered:
-or offer services to replace the planned services, possibly at an additional cost, and if the services accepted by the buyer are of inferior quality, the seller must reimburse the buyer for the difference in price upon his return;
-or, if it cannot offer any replacement service or if these are refused by the purchaser for valid reasons, provide the purchaser, at no extra cost, with tickets for the return journey under conditions that can be deemed equivalent to the place of departure or to another place accepted by both parties.
The provisions of the present article apply in the event of non-compliance with the obligation set out in 13° of article R. 211-4. “