tERMS OF SALE
In accordance with decree 94-490 of June 15, 1994, made pursuant to article 31 of Law 92-645 of July 13, 1992 setting the conditions for the exercise of activities relating to the organization and sale of trips or stays, and in particular in article 104 of said decree, the provisions of articles 95 to 103 of decree 94-490 of June 15, 1994 are recalled below.
Article 95: Subject to the exclusions provided for in the second paragraph (a) and (b) of article 14 of the aforementioned law of 13 July 1992, any offer and any sale of travel or stay services gives rise to the discount of appropriate documents that meet the rules defined by this title. In the event of the sale of an air transport ticket or of transport tickets on a regular line not accompanied by services related to this transport, the seller delivers to the buyer one or more tickets for the entire trip issued by the carrier or under its responsibility. In the case of transport on demand, the name and address of the transporter, 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 seller from the obligations made to him by this title.
Article 96: Prior to the conclusion of the contract and on the basis of a written medium, bearing his company name, his address and the indication of his administrative authorization of exercise, the seller must communicate to the consumer the information on the prices, the dates and other components of the services provided during 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 characteristics, its approval and its tourist classification corresponding to the regulations or customs of the host country; 3. meals provided; 4. the description of the itinerary in the case of a circuit; 5. the administrative and health formalities to be carried out in the event, in particular, of crossing borders and their deadlines; 6. visits, excursions and other services included in the package or possibly available at an additional cost; 7.the minimum or maximum size of the group allowing the completion of the trip or stay as well as, if the completion of the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or stay, this date cannot be set less than 21 days before departure; 8. the amount or percentage of the price to be paid as a deposit at the conclusion of the contract as well as the schedule for payment of the balance; 9. the terms of price revision as provided for by the contract in application of article 100 of this decree; 10. Cancellation conditions of a contractual nature; 11. The cancellation conditions defined in articles 101, 102 and 103 below; 12. the details of the risks covered and the amount of guarantees taken out under the insurance contract covering the consequences of professional civil liability of travel agencies and civil liability of associations and non-profit organizations and local organizations of tourism ; 13. Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or of an insurance contract covering certain specific risks, in particular repatriation costs in the event of an accident or disease.
Article 97: The prior information given to the consumer binds the seller, unless in it, the seller expressly reserves the right to modify certain elements. The seller must, in this case, clearly indicate to what extent this modification can occur and on what elements. In any event, changes to the prior information must be communicated in writing to the consumer before the contract is concluded.
Article 98: 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. It must include the following clauses: 1. the name and address of the seller, its guarantor and its insurer as well as the name and address of the organizer; 2. the destination or destinations of the trip and, in the event of a split stay, the different periods and their dates; 3. the means, characteristics and categories of transport used, dates, times and places of departure and return; 4. the type of accommodation, its location, its level of comfort and its main characteristics, its tourist classification by virtue of the regulations or customs of the host country; 5. the number of meals provided;. 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 100 below; 9.indication, if applicable, of fees or taxes relating to certain services such as landing, disembarkation or embarkation taxes in ports and airports, 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; in any case, the last payment made by the buyer cannot be less than 30% of the price of the trip or stay and must be made when submitting the documents allowing the trip or stay; 11. The special conditions requested by the buyer and accepted by the seller; 12. the terms according to which the buyer can submit a complaint to the seller for non-performance of the contract, a complaint which must be sent as soon as possible, by registered letter with acknowledgment of receipt to the seller, and reported in writing, possibly to the travel agency and the relevant service provider; 13. the deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of § 7 of article 96 above; 14. Cancellation conditions of a contractual nature; 15. The cancellation conditions provided for in articles 101, 102 and 103 below; 16. details of the risks covered and the amount of guarantees under the insurance contract covering the consequences of the seller’s professional civil liability; 17. Information on 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 those concerning the assistance contract covering certain specific risks, including repatriation costs in the event of accident or illness; in this case, the seller must give the buyer a document specifying at least the risks covered and the risks excluded; 18. the commitment to provide, in writing, to the buyer, at least 10 days before the scheduled date of departure, the following information: a) the name, address and telephone number of the local representative of the seller or, at default, the names, addresses and telephone numbers of local organizations likely to help the consumer in the event of difficulty or, failing that, the telephone number allowing urgent contact to be established with the seller; b) for trips and stays of minors abroad: telephone number and address allowing direct contact with the child or the person in charge of their stay.
Article 99: The purchaser can assign his contract to an assignee who fulfills the same conditions as him to carry out the trip or the stay as long as this contract has produced no effect. Unless stipulated more favorable to the transferor, the latter is required to inform the seller of his decision by registered letter with acknowledgment of receipt at the latest seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This transfer is under no circumstances subject to prior authorization from the seller.
Article 100: When the contract includes an express possibility of price revision, within the limits provided for in article 19 of the aforementioned law of July 13, 1992, it must mention the precise methods of calculation, both upward and downward. decrease, price variations, including the amount of transport costs and related taxes, the currency (s) having an impact on the price of the trip or stay, the part of the price to which the variation applies, the rate of the currency or currencies used as reference when establishing the price appearing in the contract.
Article 101: 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 the price, the buyer may, without prejudice to recourse for compensation for any damage suffered, and after having been informed thereof by the seller by registered letter with acknowledgment of receipt: – either terminate his contract and obtain immediate reimbursement of the sums paid without penalty; – or accept the modification or the replacement 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 departure date.
Article 102: In the case provided for in article 21 of the aforementioned law of July 13, 1992, when before the buyer’s departure, the seller cancels the trip or stay, he must inform the buyer by registered letter with acknowledgment reception ; the buyer, without prejudice to recourse for compensation for any damage suffered, obtains immediate reimbursement from the seller without penalty of the sums paid; the buyer receives, in this case, an indemnity 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 do not in any way preclude the conclusion of an amicable agreement having as its object the acceptance by the buyer of a substitute trip or stay offered by the seller.
Article 103: 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 paid by the buyer, the seller must immediately take the necessary steps. following provisions without prejudice to remedies for damages that may have been suffered: – either offer services in place of those provided, possibly bearing any additional price and, if the services accepted by the purchaser are of inferior quality, reimburse him, as soon as his return, the price difference; – or if he cannot offer any replacement service or if these are refused by the buyer for valid reasons, provide the buyer, at no additional cost, with transport tickets to ensure his return under conditions that may be deemed equivalent to the place of departure or to another place accepted by both parties.