General terms and conditions of sale

In accordance with article R211-12 of the Tourism Code, the brochures and holiday contracts offered by tour operators or travel agents to their clients must include the provisions of articles R 211-3 to R 211-11 in the brochures and holiday contracts provided by the people mentioned in article L. 211-1.

Articles R-211-3 to R-211-11 of the Tourism Code (Law n°2009-888 of 22/07/2009)

Article R211-3

Without prejudice to the exclusions provided for in the third and fourth paragraphs of article L. 211-7, any offer and any sale of travel and holiday services shall give rise to the relevant documents being handed over, these documents meeting the rules defined in the present section.

Separate invoicing of the various items of a single tourist package does not exempt the seller from their obligations laid out by the legal provisions of the present section.

Article R211-3-1

Precontractual information or contractual conditions shall be provided in writing. This can be done in electronic form, according to the validity and performance conditions stipulated in articles 1369-1 to 1369-11 of the Civil Code. The name or company name of the seller shall be mentioned, as well as the seller’s address and company registration number according to article L. 141-3 or, as the case may be, the name, address and registration number of the federation or union mentioned in the second paragraph of article R. 211-2.

Article R211-4

Prior to concluding the contract, the seller shall provide the consumer with information about the price, dates and other information related to the service ordered for the holiday or stay, such as:

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

2°The type of accommodation, location, level of comfort and main features, certification and tourist classification which corresponds to the regulations or norms in the host country;

3° The catering services offered;

4° The description of the itinerary if the service is a tour;

5° The administrative and sanitary formalities to be respected by nationals or citizens of another country of the European Union or a country that is a member of the European Economic Area, notably when crossing borders, as well as the time these will take to complete;

6° The visits, excursions and other services included in the package, or maybe those available at an extra cost;

7° The minimum or maximum group sizes that will allow the holiday or trip to go ahead, as well as the deadline for informing consumers of cancellation of a holiday or trip, if this holiday or trip is subject to a minimum number of participants; this date cannot be less than twenty-one days before the departure date;

8° The amount or the percentage of the total amount to be paid as a deposit, upon conclusion of the contract, as well as the dates for payment of the remaining balance;

9° The terms of price adjustments, as stipulated in the contract, according to article R. 211-8;

10° Cancellation conditions of a contractual nature;

11° Cancellation conditions as stipulated in articles R. 211-9, R. 211-10 and R. 211-11;

12° Information regarding the optional insurance policy, which covers the consequences of some cancellation cases, or an assistance contract which covers some specific risks, notably repatriation costs in case of an accident or illness;

13° When the contract includes air transport services, the information for each flight, according to articles R. 211-15 to R. 211-18.

Article R211-5

Amended by decree n°2009-1650 of 23rd December 2009 – art. 1

Any prior information given to the consumer binds the seller, unless said information states that the seller expressly reserves the right to modify certain elements therein. In this case, the seller must clearly detail to what extent the amendments will be made and on which items.

In any case, the consumer must be made aware of any amendments made before the conclusion of the contract.

Article R211-6

Amended by decree n°2016-1278 of 29th September 2016 – art. 1

The contract concluded between the buyer and the seller must be in written form, provided in two copies, one of which is given to the buyer, and signed by both parties. When the contract is concluded in electronic form, the provisions of articles 1125 to 1127-6, 1176 and 1177 of the Civil Code apply. The contract must include the following clauses:

1° The name and address of the seller, his guarantor and his insurance provider, as well as the name and address of the organiser;

2° The holiday destination or destinations and in the case of a split holiday, the different periods and dates;

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

4° The type of accommodation, location, level of comfort and main features, certification and tourist classification which corresponds to the regulations or norms in the host country;

5° The catering services provided;

6° The itinerary in the event of a tour;

7° The visits, excursions or other services included in the total price of the holiday;

8° The total price of the services invoiced, as well as information about any price adjustments, according to the provisions of article R. 211-8;

9° The indication, if applicable, of any fees or taxes chargeable for certain services, such as landing taxes or embarkation or disembarkation fees in ports and airports, tourist tax that isn’t included in the price of the services provided;

10° The payment schedule and method of payment for the price due; the last payment made by the buyer cannot be less than 30% of the price of the holiday or trip, and must be made when the travel documents are handed over;

11° The special terms and conditions requested by the buyer and accepted by the seller;

12° The conditions under which the buyer can submit a complaint against the seller for non-performance or improper performance of the contract, this complaint must be sent as soon as possible, by any means in which the seller can acknowledge receipt, and must also be sent, if applicable, in writing, to the holiday organiser or service provider in question;

13° The deadline to inform the buyer in the event that the holiday or trip is cancelled by the seller, in the case that the holiday or trip is subject to a minimum number of participants, in accordance with the provisions of 7° of article R. 211-4;

14° The conditions for cancellations of contractual nature;

15° The conditions for cancellations stipulated in articles R. 211-9, R. 211-10 and R. 211-11;

16° Information about the risks covered and the amount of guarantees that applies under an insurance policy that covers the implications of the seller’s professional liability insurance;

17° Information about the insurance policy that covers the implications of some cancellation cases, purchased by the buyer (policy number and name of insurance provider), as well as those concerned with the assistance contract covering certain specific risks, notably repatriation expenses in the event of an accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks that are not covered;

18° The deadline to inform the seller in the event that the buyer wishes to terminate the contract;

19° The commitment to provide the buyer, at least ten days before the scheduled departure date, with the following information:

1. a) The name, address and telephone number for the seller’s local representative, or if this is not possible, the names, addresses and telephone numbers of local organisms who could assist the consumer in case of difficulties, or if this is not possible, a telephone number to be able to contact the seller in case of emergencies;
2. b) For holidays and trips abroad involving minors, a telephone number and an address to be able to get in direct contact with the child or the child’s guardian at the holiday destination;

20° The termination clause involving a refund without penalties of all amounts paid by the buyer, in the event that the obligation to inform the buyer, as stipulated in 13° of article R. 211-4 is not respected;

21° Commitment to provide the buyer, with the departure and arrival times, in good time, before the beginning of the holiday or trip.

Article R211-7

The buyer can transfer the contract to an assignee who fulfils the same conditions, allowing the assignee to complete the journey or stay, as long as the journey or stay has not yet begun.

Unless there is a more favourable provision for the transferring party, the latter is obliged to inform the seller of their decision, by any means allowing acknowledgement of receipt, seven days before the beginning of the trip at the very latest. When said trip is a cruise, a deadline of fifteen days applies. In no event does this transfer require prior authorisation from the seller.

Article R211-8

When the contract includes the express possibility that prices will be reviewed, according to the limitations stipulated in article L. 211-12, the precise means of calculation for any variation in price must be provided, whether the price has increased or decreased, and notably the amount of transport fees and taxes included, the foreign currency(ies) that may have an impact on the price of the holiday or stay, the percentage of the price affected by the variation, the exchange rate taken into account when drawing up the prices specified in the contract.

Article R211-9

When, before the departure of the buyer, the seller is obliged to modify one of the key elements of the contract, such as a significant increase in price, and when the seller breaches the obligation to inform the buyer, as specified in 13° of article R. 211-4, the buyer can, without prejudice to any claim for damages suffered, and after having been informed by the seller by any means allowing acknowledgement of receipt:

– either terminate the contract, and be granted immediate reimbursement of any amounts paid, without penalty;

– or accept the modification or substitute trip offered by the seller; an amendment to the contract specifying the modifications made shall then be signed by both parties; any reduction in price shall be deducted from any amounts left to be paid by the buyer and, if the full amount has already been paid and exceeds the price of the modified service, the buyer will be refunded the difference before the departure date.

Article R211-10

In the case stipulated in article L. 211-14, when, before the departure of the buyer, the seller cancels the holiday or stay, he must inform the buyer by any means allowing acknowledgement of receipt; the buyer, without prejudice to any claim for damages suffered, will receive an immediate reimbursement from the seller of any amounts already paid; in this case, the buyer will also be given an indemnity at least equal to the penalty that they would have borne if the cancellation had happened on account of them at this date.

The provisions of the present article shall in no event prevent the two parties from reaching an agreement by mutual consent by which the buyer can accept a substitute holiday or stay offered by the seller.

Article R211-11

When, after the departure of the buyer, the seller is unable to provide a major part of the services laid out in the contract, representing a significant percentage of the price paid by the buyer, the seller shall immediately take the following measures, without prejudice to any claim for damages suffered:

-either offer replacement services for the original services, without any additional cost to the buyer and, if the services accepted by the buyer are of a lesser quality, the seller shall reimburse the difference to the buyer, as soon as they respond to this offer;

-or, if no replacement services can be provided, or if these services are refused by the buyer for a valid reason, the seller shall provide the buyer, at no extra cost, with return transport, in conditions that are deemed equivalent, to the departure place or to another place, accepted by both parties.

The provisions of the present article are applicable in the event that the obligation laid out in 13° of article R. 211-4 is not respected.

Article 1: Prior information

Prior to the conclusion of the contract, the SPL de Développement Touristique du Cotentin shall provide the client with the details of their programme: itinerary, accommodation, catering services, visits, price depending on the number of participants, services included and not included, payment conditions, cancellation conditions and insurance.

The reservation of a programme or stay implies that the people concerned by the booking fully accept all the present terms and conditions of sale issued by the SPL de Développement Touristique du Cotentin.

Article 2: Modification of the programme before the contract is concluded

There may be modifications that could impact the nature of the services in question; these modifications could have an impact on the itinerary, the accommodation, the catering services or the visits.

In accordance with article R211-5 of the above-mentioned Tourism Code, the client is informed of any modifications before the contract is concluded.

Article 3: Booking

The client shall supply their marital status and contact details in order to make a booking. When the client provides their signature, the SPL de Développement Touristique du Cotentin shall provide the client with a copy of the present terms and conditions.

Article 4: Price and quote

Each quote is drawn up upon request. The SPL de Développement Touristique du Cotentin shall provide a proposition for a stay, along with a price quote, within 2 weeks of the request.

The price quote sent does not constitute a booking option; this is provided in accordance with service provider availabilities (hotels, restaurants, transport services).

The price of the programme indicated is the price per person.

The prices mentioned on the price quote are provided as an indication. They may be modified when the contract is concluded, depending on the terms and conditions in effect at the time, to take into account the prices used by the various partners of the SPL de Développement Touristique du Cotentin.

Prices are shown including taxes and valid for the period specified on the programme, for the overall service.

Article 5: Conclusion of the contract and deposit

Bookings are completed once the SPL de Développement Touristique du Cotentin receives a copy of the signed quote, including the word “Agreed” (or a booking form that is signed before the deadline specified on the form), along with a deposit of 30% of the total amount including tax by cheque payable to the SPL de Développement Touristique du Cotentin or by bank transfer (bank details can be provided upon request).

The SPL de Développement Touristique du Cotentin reserves the right to not proceed with the booking, when the request is made less than 8 working days before departure.

Article 6: Paying the balance of the price

The SPL de Développement Touristique du Cotentin shall send the final contract, known as holiday sales contract, to the client 30 days before the beginning of the stay, at the latest. The balance shall in turn by paid by cheque, written out to the SPL de Développement Touristique du Cotentin or by bank transfer (bank details can be provided upon request). When this payment has been received, the SPL de Développement Touristique du Cotentin shall send the client the exchange coupons to hand over to the service providers at each stage of the holiday, defined in article 7 of the present conditions.

Any client who has not paid the remaining balance upon the agreed deadline (one month before the date of the holiday or service), and has not informed the SPL de Développement Touristique du Cotentin, is deemed to have cancelled the service or stay. In this case, the client cannot expect any reimbursement and any payments already made will be retained, according to the conditions stipulated in article 10 of the present terms and conditions.

In the case of late bookings (less than 30 days before the beginning of the stay), the total amount will be required at the time of booking.

Article 7: Exchange vouchers

As soon as the balance of the total price has been paid by the client, the SPL de Développement Touristique du Cotentin shall provide the client with exchange vouchers to hand over to the service providers at each stage of the holiday.

If a part of the services mentioned on the exchange voucher is not provided, for a reason unknown to the client, the latter shall request a dated and signed certification from the service provider, to then send to the SPL de Développement Touristique du Cotentin within 8 days of the beginning of the holiday. In the event that a certification is sent that does not feature agreement from the service provider, the SPL de Développement Touristique du Cotentin shall check the conditions of the missing service within a period of 8 days.

Any extra services requested by the client, not mentioned in one of the exchange vouchers, should be paid for directly with the service provider on the day, this amount is payable by the client only.

Article 8: Respecting the programme dates and times

The programme is defined according to specific dates and times which must be respected by the client. In the event of a late arrival, the client must inform the service providers using the contact details specified on the exchange vouchers.

The services that either haven’t been used or only partly used by the client still must be paid for in full and no refunds will be issued.

Article 9: The SPL de Développement Touristique du Cotentin’s liability

The SPL de Développement Touristique du Cotentin offering services to a client is the only point of contact for this client, and is answerable to the client for the performance of the obligations laid out in the present terms and conditions of sale.

The SPL de Développement Touristique du Cotentin is liable under article L211-16 of the Tourism Code, which stipulates:

“Any physical or legal person who is involved in the operations mentioned in article L211-1 is automatically liable to the buyer for the performance of the obligations laid out in the contract, whether the contract was concluded remotely or not, and whether these obligations are to be respected by themselves or by other service providers, without prejudice to the right of appeal against the latter, subject to the limit of the compensation provided for by the international conventions. Nevertheless, all or part of this liability may be waived if proof is provided that the non-fulfilment or poor fulfilment of the contract is attributable to either the buyer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.”

Article 10: Cancellation by the client

Any cancellation must be notified in writing with acknowledgement of receipt to the SPL de Développement Touristique du Cotentin at the following address: 3 Avenue de la république – 50270 Barneville Carteret

In the event of a cancellation, the client shall be requested to pay the following amounts, deducted from the paid deposit, if applicable, depending on the date the cancellation request is received:

– Cancellation more than 30 days before the beginning of the service or holiday: 10% of the amount of the service.

– Cancellation between the 30th and 21st day before the beginning of the service or holiday: 30% of the amount of the service.

– Cancellation between the 20th and 8th day before the beginning of the service or holiday: 90 % of the amount of the service.

– Cancellation less than 7 days before the beginning of the service or holiday: the client will have to pay for the service in full.

If the client is absent on the agreed date for the service or holiday, no refunds will be issued.

For any cancellation request from the client more than 30 days before the original booking date, the SPL de Développement Touristique du Cotentin shall strive to postpone the service or holiday to a later date, subject to availability of service providers, without a deduction of the amounts already paid.

If the client does not accept this proposition, the cancellation fees according to the above-mentioned provisions shall apply.

Article 11: Modification of the programme by the client

If the client wishes to make any modification to the programme, this must be requested beforehand to the SPL de Développement Touristique du Cotentin who reserves the right to either refuse, or accept the modifications, which may involve a change in prices.

Article 12: Interruption of the service or holiday by the client

In the event that the service or holiday is interrupted by the client, no refunds will be issued.

Article 13: Cancellation of the service or holiday by the SPL de Développement Touristique du Cotentin.

When, before the date of the service or holiday, a key part of the contract cannot be respected due to an external event, which forces the SPL de Développement Touristique du Cotentin to cancel the service or holiday, the SPL de Développement Touristique du Cotentin shall inform the client in writing with acknowledgement of receipt.

The client shall be refunded the total amount of any payments already made, within 30 days, and shall not be able to request any other compensation.

Article 14: Partial cancellation by a service provider

Any cancellation or modification of a service included in a holiday, by the service provider, shall not result in the cancellation of the entire holiday. In this case, the client can only request a refund for said service.

Article 15: Cancelled or late sea crossing

In accordance with the laws applicable to maritime transport, if the departure of a ferry is prevented by an event that is not controlled by the transport company (e.g.: diversion, weather, etc.), said company can refuse any liability for the direct and indirect expenses and damage incurred by a late or cancelled crossing. Likewise, the transport company cannot be held liable for ferry departures and arrivals that are not compatible with other means of transport.

Clients will be notified of any modification or cancellation of a crossing as quickly as possible by the SPL de Développement Touristique du Cotentin. In this case, the client can only request the refund of said service.

Article 16: Modification of the service or holiday by the SPL de Développement Touristique du Cotentin

The SPL de Développement Touristique du Cotentin may be compelled, for reasons beyond their control, even after a holiday has already begun, to change accommodation or catering services in a programme. In this case, the SPL de Développement Touristique du Cotentin shall strive to offer the client services that are at least equivalent to the original ones.

Likewise, the direction of a tour could be modified. In this case, and wherever possible, the tour will still include all the original visits and stopovers.

Strikes, protests or weather conditions might result in modifications to the programme.

Finally, even though all the services mentioned in the description of the programme have been confirmed by the service providers, these services could still, for reasons beyond the control of the SPL de Développement Touristique du Cotentin be suspended, without the SPL de Développement Touristique du Cotentin being notified.

The SPL de Développement Touristique du Cotentin cannot be held liable in such circumstances. In these cases, the client can only be refunded for the services that have not been used and not been replaced.

 Article 17: Claims with request for refund

To be considered, any claims that include a request for a refund must be sent to the SPL de Développement Touristique du Cotentin, in writing with acknowledgement of receipt, to the following address: 3 avenue de la république 50270 Barneville – Carteret; along with proof and within a period of 15 days after the end date of the service or holiday.

The response time varies according to the results of the checks carried out by the SPL de Développement Touristique du Cotentin with the service providers in question.

The SPL de Développement Touristique du Cotentin will only take into account the claims made by the contract’s signatory, for services that have been paid for in full.

Article 18: Insurance and financial guarantee

The SPL de Développement Touristique du Cotentin is covered by a financial guarantee, in the conditions laid out in articles r 211-26 to r 211-34 of the Tourism Code, with GROUPAMA Assurance-Crédit et Caution 8 – 10 rue d’Astorg 75008 Paris (policy n° 4000715992/0).

The SPL de Développement Touristique du Cotentin is covered by liability insurance (holiday or stay organisers and sellers)), in accordance with the provisions of articles L 211-16 to l 211-18 and r 211-35 to r 211-40 of the Tourism Code, with the company AXA 313 Terrasses de l’Arche 92727 Nanterre Cedex (policy n° 4557829804).

Article 19: Right to access and modify personal data

In accordance with law N°78.17 of the 6th January 1978, known as the Data Protection Act, the client has the right to access and modify their own personal data, collected by the SPL de Développement Touristique du Cotentin for the purpose of their business.

Article 20: Unaccompanied minors

The SPL de Développement Touristique du Cotentin cannot accept the presence of an unaccompanied minor. Consequently, the SPL de Développement Touristique du Cotentin cannot be blamed for not providing planned services in the event that, despite this prohibition, an unaccompanied minor is unknowingly present.

Article 21: Special request

Any special request, notably regarding People with Reduced Mobility or with a special diet, must be made when the price quote is being drawn up, at the very latest.

Article 22: Pets

For hygiene and safety reasons, pets are not allowed on holidays organised by the SPL de Développement Touristique du Cotentin.

Article 23: Provisions related to accommodation

• Rental accommodation:

The service provider may request the client pays a security deposit, when they check in to the accommodation.

The service provider shall return this security deposit to the client on the day of departure or by post, within a period of 30 days.

The deposit shall be returned after the condition of the rental accommodation has been checked, and subject to a possible deduction if any damage or loss has occurred.

The condition of the rental shall be checked when the client checks in.

The client is responsible for cleaning the rental, during the rental period and until departure.

The SPL de Développement Touristique du Cotentin shall not intervene in the event of a dispute thereof between the owner and the client.

• Hotels and Guesthouses:

The price of accommodation is calculated for a double room with bath or shower, with or without breakfast. If a client is alone in a room that can accommodate two people, they may be asked to pay an extra fee for a single room.