The tourist services offered on the Website are sold by the Company FRENCH DREAM which is registered with French Holiday and Tour Operators (Opérateurs de Voyages et de Séjours) N° : IM064140016 licensed by the Agency for the Development of Tourism in France “Atout France” (Agence de développement touristique de la France “Atout France”). The Agency FRENCH DREAM organises voyages or tours for individuals or for arranged groups. Its activities are regulated by the Code of Tourism approved on 3 October 2014.
FRENCH DREAM is a Bayonne registered company N° 805 389 145. Head Office: SARL FRENCH DREAM, 67 avenue de Bayonne 64600 Anglet, France. Phone number : +337 85 56 76 95.Managing Director: Mademoiselle Emmanuelle RORATO.
FRENCH DREAM is member of The Tourism Solidarity Professional Association, 15 avenue Carnot , 75017 Paris. FRENCH DREAM is insured by Hiscox 12 QUAI DES Queyries 33 100 Bordeaux.
The Travel Agency FRENCH DREAM is authorised by the National Office of Tourism of China (CNTA) to accept citizens from the People’s Republic of China.
By booking one of the voyages or tours offered by the Travel Agency FRENCH DREAM, the Customer agrees to and accepts the Terms and Conditions of Sale and all clauses within.
2. ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE
The services offered by FRENCH DREAM come within these Terms and Conditions of Sale. FRENCH DREAM reserves the right to modify these at any time and they come into effect at the point at which they appear on the website.
It is therefore imperative for all clients to read these conditions in their entirety before confirming any reservation, and we strongly recommend saving or printing out a copy to keep as reference.
The full and total acceptance without reserve of these Terms and Conditions of Sale by the Customer is deemed prior to the validation of any reservation made on acceptance of the quotation sent by email to the Customer, once the Customer has ticked " I have read and agree to the terms of sale " on the sales contract adjoining each quotation.
The client acknowledges that if the Terms and Conditions of Sale have not been accepted then confirmation of reservation of the services is impossible and invalid.
3. CONDITIONS OF USE AND RESONSIBILITY OF THE CLIENT
Anyone purchasing a tour or other service must be 18 years of age or over and must be legally able to sign a contract. Anyone completing an electronic contract with the Travel Agency FRENCH DREAM guarantees the accuracy of the information supplied and that they are personally responsible for any other person/s included on the same contract.
The Customer must have an email address and must ensure the receipt of his emails.
If the Customer gives wrong details during any steps of the reservation, the Company cannot be held responsible; any carelessness or negligence on the part of the Customer in this regard is not the responsibility of the Company. Acceptance of the Terms and Conditions of Sale include the acceptance of the use of electronic methods of communication and the Customer is bound by the terms of the contract as given by the Company. The Customer is solely responsible for looking at his / her emails on a regular basis.
Except in the cases of fraud, which it would be up to him / her to prove, the Customer is financially responsible for his actions on the Website.
Any use of the Website that is fraudulent or contrary to these Terms and Conditions at any time, will result in refusal of access to services and to be a Customer.
All prices of tours and voyages are shown in Euros. The prices shown are for the total including taxes, notably VAT (value added tax) and tourist taxes.
The taxes are applied at the rates applicable on the day of the reservation.
They are indicated to the Customer by the selling Travel Agent at the moment of the reservation.
Our prices include all the products and services given in the description of the voyage or the programme.
If, due to the timings of flights imposed by the airline companies, the first and /or the last days are short due to late departures or early arrivals, no reimbursements will be due.
The duration of the voyage is calculated from the day of arrival at the destination to the day of departure.
The following products and services are NOT included in the price:
Personal expenses (laundry, tips, phone, purchases, other items etc.)
Insurance (see Article 8)
Optional excursions or meals, and all services not outlined in the description of the tour
Drinks not included in the accommodation or restaurant package
Fees associated with vaccinations or visas
Any transport outside France
All miscellaneous items not mentioned on the Website
The services included:
At the Customer’s request: return flights to and from the airport of departure to the return airport
Welcoming services at the airport
Customers’ transport from and to arrival airport in France
- Tour guide and translation during the duration of the tour
The prices appearing on the Website have been negotiated with the Partners and relate to specific dates, they are only available for the stated dates. Outside of the stated dates, the Partners have the right to change the prices.
At the time of receiving the quotation the prices may differ from those appearing on the Website.
Consequently, the Travel Agent FRENCH DREAM reserves the right to adjust the prices either up or down at any time to take into account variations in transport costs for example fuel costs, fees, taxes or the exchanges rates that are associated with the services (art.R211-8).
No price increases will be applied within 30 days of departure, and if any increase is over 10% of the total price of the voyage, the Customer has the right to cancel without any penalty, and with total reimbursement of the monies already paid (artR211-9).
In the case of an increase in price the Customer has one week to accept or refuse the price change.
In all other cases the cancellation fee will be applied according to the Terms and Conditions of Sale.
5. ORDER AND PAYMENT
5.1 : Order process
The Customer must go to the Website ……….
To request a quotation, the Customer must:
Provide the information requested on the reservation form: the required dates of departure and arrival (according to the availability shown), their contact details, (the Customer accepts responsibility that the details are correct), full names, email address, the number of adults, number of children, and all other information requested in the space provided for this purpose.
The Customer sends this request for a quotation after ensuring that all details are correct as information cannot be modified after this point.
The Travel Agency FRENCH DREAM agrees to respond with a quotation as soon as possible.
If upon reception of the email quotation from the Travel Agency FRENCH DREAM, the Customer decides to accept the proposal, the Customer must read and accept the Terms and Conditions of Sale which accompanies the quotation by ticking the box for this purpose.
The Customer must send back the signed copy to the Agency FRENCH DREAM, after checking that all the details are correct as nothing can be modified after this point.
Payment is only possible by bank transfer. Once the payment has been approved, the Company FRENCH DREAM will make the reservation according to the detailed services chosen by the Customer and shown in the quotation, in the name of and for the Customer, and will send a confirmation of the reservation to the Customer. This confirmation, which will give all the details of the reservation, notably the services booked and the price will be sent to the Customer by email as soon as possible after receipt of the payment by bank transfer.
The contract between the Customer and the Company FRENCH DREAM is definitely formed upon the sending by the Company of this e-mail confirmation and the information included within it constitutes the agreement between the Customer and the Company FRENCH DREAM.
5.2 : No withdrawal
Application of the Consumer Code of Practice Article L 121-20-4, the reservation of services does not come under the right of withdrawal in Article L 121-20 nor the Consumer Code that applies to distance selling.
Consequently, the Customer is informed that he /she does not have a right of withdrawal according to Article L121-16-1 of the Consumer Code, and the provision of services booked on the Website come solely under the cancellation conditions shown in these Terms and Conditions of Sale.
6. TERMS OF PAYMENT
6.1 : Payment of a deposit with the order
At the time of booking the Customer must pay a deposit of 40% of the total amount of the voyage, in order to confirm the reservation with the Partners.
6.2: Payment of the balance
The balance of the payment (60%) must be paid 30 days before the date of departure.
All required travel documents will be sent by email.
6.3 : Failure to pay
If the balance of the payment is not received at the by the set date (30 days before departure) the Travel Agency FRENCH DREAM will not be required to hold the availability of the services and it will be considered as cancelled by the Customer. In this case, the Travel Agent FRENCH DREAM will be entitled to retain an amount equal to the cancellation fee provided for in Article ... and the costs of 500 Euros per person for services that are not reimbursable.
6.4 : Method of payment
Payment is exclusively via bank transfer, the bank details are as follows:
IBAN : FR76 1690 6010 2487 0068 6162 623
The Company FRENCH DREAM is under no circumstances responsible for any bank charges applied for the transfer of the payment, any bank charges are the responsibility of the Customer.
7. CANCELLATION OR CHANGES MADE BY THE CUSTOMER
7.1 : Cancellation
All requests by the Customer to cancel an order must be sent to the Company FRENCH DREAM by a method allowing acknowledgement of receipt:
Postal address: 67 avenue de Bayonne, 64600 Anglet, France
The Customer may take out travel cancellation insurance, in which case the cancellation charges may be covered by the insurers.
7.2 : Changes at the request of the Customer
No changes are allowed by the Customer following the signature of the contract. Any trip interrupted or shortened or any service not used by the participant for any reason whatsoever, do not give rise to any refund.
8. CHANGES OR CANCELLLATION OF THE SERVICES PROVIDED BY THE COMPANY OR PARTNERS
If, before departure an external event or a “force majeure”, requires the Agent FRENCH DREAM, under Article L211-13 of the Tourism Code, to change an essential part of the contract, or to modify the price or availability due to changes by a Partner, which affect the services provided by the Company FRENCH DREAM, the Company will inform the Customers as soon as possible of the changes to the programme. The Customer has the opportunity, within 7 days of the receipt of information regarding the changes, to accept the changes thus proposed by the Company or to cancel the contract, in all cases this must be before the date of departure. In the absence of a response from the Customer, it will be assumed that he / she has accepted the proposed changes.
In the exceptional case where the Company is forced to cancel the voyage, with no fault by the Customer, the whole amount paid by the Customer will be reimbursed.
In the case of “force majeure” : The parties agree that force majeure includes the following: fire, storms, floods and all natural disasters, illness and generally all events outside the control of FRENCH DREAM, which result in making it impossible to carry out the voyage.
9. ADMINISTRATIVE AND HEALTH FORMALITIES
Minors must be in the possession of valid travel documents either with their own name or they must appear on the passport of the person who has parental responsibility for them during the voyage. Anyone travelling with a minor must prove that they have parental approval and provide a passport fulfilling the above requirements. The Agency FRENCH DREAM cannot accept unaccompanied minors. Consequently, the Travel Agent FRENCH DREAM cannot be held responsible for any situation where, despite being prohibited, an unaccompanied minor has been booked onto a voyage. During the whole of the voyage, minors are entirely the responsibility of their parents or the person with parental authority.
10. REQUIRED INFORMATION THAT IS THE RESPONSIBILITY OF THE CUSTOMER
Before making a reservation, the Customer must inform the Travel Agent FRENCH DREAM of any situation or condition likely to affect the smooth running of the voyage (person with reduced mobility, very young children, special dietary requirements, other).
11. RESPONSABILITIES AND GUARANTEES
11.1 Professional Civil Liability
The Company FRENCH DREAM, conforms with legal requirements and has an insurance policy with the company HISCOX France – 19 rue Louis le Grand, 75002 PARIS – policy number ..........
Professional liability insurance covering in particular the financial consequences which may be incurred by the insured due to material and immaterial damage to Customers, service providers or third parties as a result of errors, errors of fact or law, omissions or negligence on the part of its travel agency business is insured at an amount of 1 500 000 Euros per year for all damages combined.
Everything that is not covered by the HISCOX policy is excluded and the Customer is encouraged to take out complementary insurance to cover items not covered by the professional liability insurance of the Company FRENCH DREAM.
Repatriation: No insurance or assistance for repatriation is included in the voyage. It is recommended that the Customer takes out his / her own optional insurance cover for cancellation, interruption of the trip, the travellers’ responsibility cover, illness, bodily accident, repatriation, loss, theft or damage to baggage.
Aptitude for sporting activity: The Customer declares on his honour that he is fit both physically and mentally to take part in sporting activity, and the Company FRENCH DREAM, accepts no responsibility linked with such activities (see appendix HISCOX: exclusions to practicing sport).
11.2 Financial guarantees
The minimum financial guarantee of 100 000 Euros to guarantee the funds received under Articles L211-18 and R 211-26 to R 211-34 of the Tourism Code is provided by the Solidarity Association of Tourism Professionals, 15 Avenue Carnot, 75017 Paris.
12. INTELECTUAL PROPERTY
The Website as well as the database, texts, information, analyses, images, graphics, logos, sound and all other data contained in the Website remain exclusively the property of the Company and / or the Partners or to whom the latter has given permission for their use. The Customer is prohibited from introducing by any means, data liable to modify or interfere with the contents or presentation of the Website.
13. TRANSFER OF THE TRAVEL CONTRACT
In accordance with Article L211-11 of the Tourism Code, as long as the contract is not affected, a Customer can transfer his contract to a third party who meets the same conditions as him (accommodation, packages and options) under the conditions provided for by the law and applicable regulations. The transferor must inform the Travel Agent FRENCH DREAM at least 7 days before the start of the voyage, giving the precise name of the transferee and confirming that they meet exactly the same requirements for the voyage. The initial purchaser and the transferee are jointly responsible with regards to the Company FRENCH DREAM for the payment of the balance of the cost of the voyage. No reimbursement will be made by the Company FRENCH DREAM on the basis of the transfer, the transferor and the transferee must, between themselves, arrange any reimbursements from one to the other.
Transfer fees: If the transfer occurs less than 7 days before the departure date of the voyage, subsequent operations to the contract following a transfer will result in a fee of 500 Euros including VAT.
The Company FRENCH DREAM reserves the right to refuse a transfer if it has not been informed within the specified time period.
14. LOSS AND THEFT
No claim will be accepted in respect of any loss, damage or theft of luggage, clothing or personal items under the Customer's supervision for the duration of voyage. It is recommended for Customers to deposit valuable object, passports and travel documents in the hotel safe. It is also advised not to leave the following items in the luggage handed over to the transporter: identity papers, essential medicines, valuable objects, cash and photographic equipment.
In the event of a claim being made after the departure date, the claim must be sent in writing within 30 days of the date of the end of the voyage, by a method that requires an acknowledgment on reception by the Company FRENCH DREAM:
Postal address: 67 avenue de Bayonne, 64600 Anglet, France
Email : firstname.lastname@example.org
And, where appropriate, notification in writing to the voyage organiser and the service provider concerned. The Customer should also send a copy to the Company FRENCH DREAM.
The study of claims files will focus only on the contractual elements of the booking. Any claim of a subjective nature will be subject to the discretion of the Company FRENCH DREAM.
Complaints will only be allowed in the situation where the problem has been brought to the attention of the Company FRENCH DREAM or the Partners during the voyage concerned with the objective of finding a solution and limiting the liability.
16. RESPONSIBILITY AND GUARANTEE ON THE USE OF THE WEBSITE
No guarantee is offered to the Customer with regards to:
The absence of any anomalies, errors or bugs affecting the navigation of the Website or the implementation of any feature offered on the Website;
The possibility of correcting the anomalies, errors or bugs;
The absence of any interruption or failure in the operation of the Website: in case of prolonged inactivity during the connection, it is possible that the page will time out, in which case the Customer must repeat steps from the beginning in order to request a quotation.
The Customer has the possibility to go back to preceding pages to correct errors and / or change their request details or the information provided, before finally confirming the request.
The compatibility of the Website with the configuration of the hardware being used.
Under no circumstances will the Company be liable for any direct or indirect and / or consequential, foreseeable or unforeseeable damage arising from the supply and / or use or the total or partial inability to use the features of the Website, particularly related to piracy. FRENCH DREAM reserves the right to suspend the service for operational maintenance.
The Customer acknowledges and agrees that the information contained in FRENCH DREAM’s IT systems has the same probative value as paper documents, regarding the placement of the order by the Customer and acceptance of these Terms and Conditions of Sales.
Hyperlinks on the Website for linking the Customer to other websites are only intended to facilitate searches of the Customer.
The Customer is responsible for all telecommunication charges associated with using the Internet.
In any event, the Customer acknowledges the characteristics and limitations of the Internet, particularly its technical performance, response times for consulting, querying or transferring data and the risks related to the security of communications including the presence of possible viruses and possible diversion of Customer data due to piracy, in all these cases FRENCH DREAM shall not be liable.
The insertion of a hypertext link to the Website requires obtaining prior written consent of FRENCH DREAM. In any case, the link should only link to the home page of the Website.
17. PROTECTION OF PERSONAL INFORMATION
The Company FRENCH DREAM uses computer software to facilitate management of the bookings.
The information saved is solely for the use of the Company FRENCH DREAM and will not be given to these other parties: the Partner companies who are in business with the Agency FRENCH DREAM.
In accordance with Articles 39 and following of the Data Protection Act 78-17 of 6 January 1978 amended by Law 2004-801 of 6 August 2004 and the Order of 24 August 2011, the information needed to process and complete reservations are marked by an asterisk on the pages of the Website and the Customer has at any time the right to access, modify, rectify and delete his data. He can exercise this right by sending an e-mail to email@example.com or in writing to FRENCH DREAM, 67 Avenue Bayonne, 64600 Anglet, France, subject to proof of their identity.
In the absence of a response from the Customer within one month from the date of reception of this letter, their acceptance will be deemed granted. The Customer may in any case at any time in the future, request that their data is removed from the Internet.
18. ARTICLE 10. FINAL STIPULATIONS
The current contract in French prevails over all other translations of these General Terms and Conditions of Sale.
In the event that any provision of the General and Special Conditions are declared null and void, that provision will be deemed unwritten without this affecting the validity of the other provisions, the parties will negotiate its replacement by a provision with an equivalent financial value.
Except for manifest error on the part of the Partners or the Company, which must be proved by the Customer, the data kept on the computer system of the Company and / or the Partners have probative value with regards to the Customers’ bookings. Computer data or electronic evidence is valid and as such, are admissible under the same conditions and with the same value as any document created, received or kept in writing.
18.4 Governing Law and Jurisdiction
The General Conditions, in form and substance, shall be exclusively governed by French law, to the exclusion of principles of conflict of laws.
Any dispute in relation to any benefit or use of the Website is within the exclusive jurisdiction of the French courts territorial jurisdiction. In the event that the Customer is a retail trader, the parties agree to assign the exclusive jurisdiction of the Commercial Court of Paris.
18.5 Applicable legal provisions
In accordance with Article R.211-12 of the Tourism Code, the provisions of Articles R.211-3 to R.211-11 of the Tourism Code, effective 1 September 2011, are reproduced below:
“Subject to the exclusions in the third and fourth paragraphs of Article L.211-7, any offer and sale of travel and holiday services gives rise to the provision of appropriate documents meeting the rules defined by this section. In the case of sale of airline tickets or travel tickets alone, not accompanied by related services, the seller will deliver to the purchaser one or several tickets for the entire trip, issued by the carrier or under its responsibility. In the case of transport on request, the name and address of the carrier for whom the tickets are issued must be given. Separate billing of individual elements of a package does not release the seller from the obligations placed upon it by the regulatory provisions of this section.”
“The exchange of pre-contractual information or the provision of contract terms must be made in writing. They may be exchanged electronically under the conditions of validity and exercising provided for in Articles 1369-1 to 1369-11 of the Civil Code. The name or trading name and address of the seller must be given, and its registration number in the register mentioned in a of Article L.141-3 or, where applicable, the name , address and indication of the registration number of the federation or union mentioned in the second paragraph of Article R.211-2”.
“Prior to the conclusion of the contract, the seller must provide the consumer with information on prices, dates and other aspects of the services provided during the trip or stay such as:
1° The destination, methods, characteristics and categories of transport used;
2° The accommodation, its location, level of comfort and main characteristics, approval and tourist classification corresponding to the regulations or customs of the host country;
3° Details of the restaurant services provided;
4° The description of the itinerary when a tour is involved;
5° The details and time required for necessary cross-border administrative and health formalities for French nationals or nationals of other Member States of the European Union or States that are part of the Agreement within the European Economic Area;
6° Visits, excursions and other services that are included in the package or that are available at a supplementary cost;
7° The minimum and maximum number for the group in order that the trip or voyage can take place, if there is a minimum number of participants, the date by which the Customers will be informed in case of cancellation of the trip or voyage; this date cannot be set at less than twenty one days before the date of departure;
8° The amount or the percentage of the price to be paid as a deposit on confirmation of the contract as well as the date for payment of the balance;
9° The procedures for price review as specified in the contract Article R. 211-8;
10° The conditions for cancellation as shown within the contract;
11° The conditions of cancellation as described in Articles R. 211-9, R. 211-10 and R. 211-11;
12° Information regarding optional insurance provision, covering the consequences of certain cases of cancellation or an assistance covering specific risks, including repatriation in case of accident or illness;
13° When the contract includes air transport, information for each flight leg, under Articles R. 211-15 to R. 211-18. "
“The preceding information to the Customer engages the Company FRENCH DREAM, unless the Company FRENCH DREAM has expressly reserved the right to modify certain elements. The Company FRENCH DREAM shall in these cases clearly indicate to the Customer, to what extent and in what ways the changes may occur.
In any event, any changes must be communicated to the Customer before the conclusion of the contract.”
The contract between the seller and the buyer must be written in duplicate, and must be signed by both parties, one copy of which is delivered to the buyer. When the contract is concluded electronically, it must follow Articles 1369-1 to 1369-11 of the Civil Code. The contract must include the following clauses:
1° The name and address of the seller, their guarantor and insurer as well as the name and address of the organisation;
2° The destination or destinations of the voyage and, in the case of multi location tour, the different times spent in each place and the dates;
3° The methods, characteristics and categories of transport used, the dates and places of departure and of the return;
4° The type of accommodation, its location, level of comfort and its main characteristics, as well as its touristic classification according to the norms of the host country;
5° Services and restaurant services provided;
6° The itinerary when a tour is involved;
7° The visits, excursions and other services included in the price of the voyage or the trip;
8° The total price of services invoiced and the indication of any possible revision of this invoicing under the provisions of Article R. 211-8;
9° The indication, if any, of any charges or taxes for certain services such as landing taxes, embarkation or disembarkation fees at ports and airports or tourist taxes when they are not included in the price of the service or services provided;
10° The dates and terms of payment; the final payment by the buyer may not be less than 30% of the cost of the voyage or trip and must be paid on receipt of the documents allowing the voyage or the trip;
11° Any special conditions requested by the buyer and accepted by the seller;
12° The manner in which the purchaser may make a complaint against the seller for non-performance or improper performance of the contract, the complaint must be sent to the seller as soon as possible, by any means that acknowledges receipt, and, if relevant, reported in writing to the travel organizer and the service provider.
13° The deadline for informing the buyer in case of cancellation of the trip or stay by the seller if the journey or stay is subject to a minimum number of participants in accordance with the provisions in 7° Article R. 211-4;
14° The contractual conditions of cancellation;
15° The conditions of cancellation described in Articles R. 211-9, R. 211-10 and R. 211-11;
16° Details of the risks covered and the amounts guaranteed under the seller’s professional civil liability insurance policy;
17° Details of the insurance covering the consequences in certain cases of cancellation for the buyer (Policy number and insurer’s name) as well as details of insurance covering specific risks, notably costs of repatriation in case of accident or illness; in this case the seller must provide the buyer with a document specifying detailed information about the risks covered and the risks excluded;
18° The deadline for informing the seller in case of transfer of the contract by the buyer;
19° The commitment to provide the buyer with the following information, at least 10 days prior to the date of departure;
a) The name, address and telephone number of the seller's local representative or, failing that, the names, addresses and telephone numbers of local organizations likely to help the consumer in case of difficulty or, failing that, the number to call the seller in case of emergencies;
b) For trips and stays of minors abroad, a telephone number and an address for direct contact with the child or the person in charge of the voyage;
20° The cancellation clause and the reimbursement without penalties of the sums paid by the buyer in case of non-compliance of the information in paragraph 13 of Article R. 211-4;
21° The commitment to provide the purchaser in good time before the start of the trip or stay, the departure and arrival times.
Modified by Order No. 2009-1650 of 23 December 2009 - Article 1.
The buyer may transfer the contract to a transferee who meets the same conditions as him for the trip or stay, as long as there are no effects on the contract.
Unless there are more favourable stipulations for the transferor, he / she must inform the seller of his decision by any means acknowledging receipt, no later than seven days before the start of the trip. For a cruise, this period is extended to two weeks. Any transfer is subject, in any case, to prior authorization from the seller.
When the contract includes a specific possibility of price revision, within the limits laid down in Article L. 211-12, it must define the precise method of calculation, both upward and downward of price changes, including the amount of transport costs and related taxes, the currency or currencies that may affect the price of the trip or stay, the elements within the price to which the variation applies, the exchange rates of the currency or currencies used as a reference when establishing the price stated in the contract.
Modified by Order n°2009-1650 of 23 December 2009 - Article1
When, before the buyer’s departure, the seller is obliged to modify an essential element of the contract, such as a significant price rise and he is unaware of the obligations detailed in 13° of Article R. 211-4, the buyer may, without prejudice towards any future damages for any loss suffered, and after having been informed by the seller by any means allowing acknowledgement of receipt:
- either cancel the contract and obtain without penalty immediate refund of the amount paid;
- or accept the modification or substitution proposed by the seller; an amendment to the contract specifying the changes is then signed by both the parties; any reduction in price is deducted from any amounts remaining due by the purchaser and if the payment already made by the latter exceeds the price of the modified service, the overpayment must be repaid before the date of departure.
In the case provided for in Article L. 211-14, when, before the departure of the purchaser, the seller cancels the trip or stay, he must inform the buyer by any means allowing him to obtain acknowledgement of receipt; the purchaser, without prejudice to recourse for compensation for any loss suffered, obtains from the seller immediate reimbursement without penalty of the sums paid; the buyer receives, in this case, compensation at least equal to the penalty he would have suffered if the cancellation had been his fault on that date.
The provisions of this article do not in any way prevent the conclusion of an amicable agreement of acceptance by the purchaser of a replacement voyage or stay proposed by the seller.
When, after the departure of the buyer, the seller is unable to provide a major part of the services planned under the contract and representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudice to claims for compensation for any damages suffered:
- either offer services to replace the planned services, bearing any additional charge and, if the services are accepted by the buyer and are of inferior quality, the seller must reimburse the price difference, upon his return;
- or, if the seller cannot offer any replacement service or if they are refused by the purchaser for valid reasons, the buyer must be provided, at no extra cost, tickets to ensure his return to the place of departure or to another place accepted by both parties, in conditions that can be considered equivalent.
The provisions of this Article shall apply in the event of non-compliance with the obligation under paragraph 13 of Article R. 211-4.