Practical information for group days

General terms and conditions for the sale of tourist services

1. Seller’s designation

The 1901 law association “OFFICE DE TOURISME de Cambo-les-Bains”, headquartered at 3, avenue de la Mairie 64250 Cambo-les-Bains, Siret 782 282 966 00020, registered as a travel and tourism operator under number IM 064110038, represented by its President, Mr Marcel NOBLIA,

Hereinafter “the Tourist Office” or “the seller”, Telephone: 05 59 29 70 25, E-mail address: info@cambolesbains.com, Financial guarantor: GROUPAMA ASSURANCE-CREDIT – 5 Rue du center – 93199 NOISY LE GRAND CEDEX, Professional liability insurer: AXA FRANCE IARD, 313 terrasses de l’arche, 92727 NANTERRE CEDEX

2. General provisions relating to these general terms and conditions of sale (hereinafter referred to as the “GTCS”)

2.1. Purpose of the General Terms and Conditions

The General Terms and Conditions of Sale apply exclusively to over-the-counter or distance selling of the Tourist Office’s tourist products and services presented in the brochures published by the Tourist Office and available in hard copy and electronically on the http://cambolesbains.com website (hereinafter referred to as “the brochures”). These services are provided by service providers with whom the Tourist Office has signed a partnership agreement.

The General Terms and Conditions do not apply:

– the provision of services directly booked by the customer with the various service providers listed in the brochures,

– seasonal rental reservations, which are subject to general terms and conditions of sale that are separate from these GTCS.

For ticketing services offered by the Tourist Office (sports and leisure activities, shows, concerts and other cultural events), it is specified that the Tourist Office acts solely as agent for the service provider under whose responsibility the service is provided. Only the sale of the ticket to the customer is subject to these GCS. The performance of the service is subject to the service provider’s own conditions.

2.2. Scope of application of the GCS.

The General Terms and Conditions govern exclusively contracts concluded between the Tourist Office and buyers who are consumers or non-professionals (hereinafter referred to as “Customers”).

and, together with the registration form (or order form), the special conditions and the description of the products or services, constitute the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products, which are for information purposes only.

The GCS apply exclusively to the provision of services and products delivered to customers established in France and/or in a member state of the European Union, as well as to services provided in France. The GCS, as well as all contractual information mentioned on the site, are written in French. The foreign language versions on the site are for information purposes only. Only the French-language version of the GCS is binding. The Customer must be at least 18 years old and have the legal capacity to contract in order to place an order.

2.3. Availability and enforceability of the GCS.

The GCS are available to customers on the website, where they can be consulted directly, and can also be sent to them on request by telephone, e-mail or post.

The General Terms and Conditions of Sale are binding on the Customer, who acknowledges, by confirming his order, that he is aware of them and has accepted them before placing an order for which payment is required.

The validation of the order by its confirmation implies the buyer’s acceptance of the GCS in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller in accordance with article 1369-4 of the French Civil Code.

2.4. Modification of the GTC.

The professional seller reserves the right to modify its GTC at any time. In the event of modification of the GTCS, the applicable GTCS are those in force at the date of the order, a copy of which, dated to that date, can be given to the Customer on request.

2.5. Terms and conditions.

The nullity of a contractual clause does not entail the nullity of the GCS. The temporary or permanent non-application of one or more clauses of the GCS by the Tourist Office shall not constitute a waiver of the other clauses of the GCS, which shall remain in full force and effect.

3. Products / Services.

3.1. Features.

The products and services supplied are described in a description of their essential characteristics within the meaning of article L. 111-1 of the French Consumer Code. The photographs illustrating the products do not constitute a contractual document. The conditions of participation for each of the services offered by the Tourist Office are detailed on the service descriptions and are contractually binding.

3.2. Compliance.

The products comply with current regulations on personal health and safety, fair trading and consumer protection at the time they are placed on the market. The products comply with the requirements of French law in force at the time they are placed on the market.

4. Price list.

4.1. Price list.

In accordance with article L. 113-3 of the French Consumer Code, sales prices are indicated in euros, inclusive of all taxes, excluding delivery and transport costs, which are mentioned before the order is validated and invoiced in addition. The selling price is that in force on the day of the order. In the event of a price promotion, the professional seller undertakes to apply the promotional price to all orders placed during the promotion period.

4.2. Modification.

The professional seller reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.

5. Offer.

5.1. Domain.

The sales offers presented in the brochures are reserved for customers located in France and/or in a member state of the European Union and for deliveries in these same geographical areas.

5.2. Duration.

In the absence of any indication of a specific duration, the sales offers presented in the brochures are valid as long as the products and services appear therein and within the limits of available stocks or places.

5.3. Acceptance.

The customer’s acceptance of the offer is validated by signing the registration form. When sales are made over the counter or by telephone, the seller’s acceptance of the order results from the direct delivery of the products ordered. All orders received by the seller are considered firm and definitive.

6. Control

6.1. Order modification

Any modification of the order by the Customer after confirmation of the order is subject to acceptance by the Tourist Office. The professional seller reserves the right to make modifications to the product or service ordered in line with technical developments, in accordance with article R. 132-2-1, V of the French Consumer Code.

6.2. Order validation

The Tourist Office reserves the right to refuse any order for legitimate reasons and, in particular, if the quantities ordered are abnormally high for buyers with consumer status.

6.3. Unavailability of ordered services.

If the services or products ordered are unavailable, the professional vendor will immediately inform the customer and may offer a product or service of equivalent quality and price. In the event of disagreement, the Customer will be reimbursed within thirty days of payment of the sums paid.

7. Contract.

7.1. Conclusion.

When the order is placed remotely, the contract is formed when the customer sends confirmation of the order (signed registration form), accompanied, where applicable, by payment of the deposit mentioned therein. When the order is placed over the counter, the contract is formed once the order has been accepted by the seller.

7.2. Archiving and proof.

Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1348 of the French Civil Code. These communications, order forms and invoices may be produced as proof of the contract.

7.3. No right of withdrawal.

Article L 121-21-8 of the French Consumer Code stipulates that the right of withdrawal may not be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities which are to be provided on a specific date or during a specific period. The Tourist Office takes advantage of this absence of right of withdrawal and indicates that for all services sold on the website falling within the scope of Article L 121-21-8 of the Consumer Code, the Customer will not have any right of withdrawal.

7.4. Resolution.

The contract may be terminated by the Customer in the event of :

• delivery of a product that does not comply with the product’s declared characteristics ;
• price increases not justified by a technical modification of the product imposed by the public authorities;
• failure to comply with the information obligation stipulated in 13° of article R. 211-4 of the French Tourism Code.

In all these cases, the Customer may demand reimbursement of the deposit paid at the time of order, plus interest at the legal rate from the date of receipt of the deposit.

The contract may be terminated by the professional seller in the event of :

• customer’s refusal to accept delivery ;
• non-payment of the price.

In all these cases, the deposit paid at the time of order remains the property of the professional seller by way of compensation.

7.5. Cancellation by the customer.

In the absence of specific cancellation conditions appearing on the registration form or in the special conditions, the conditions for cancellation by the customer will be as follows:

• Cancellation more than 30 days before the start of the service: the customer must pay a cancellation fee of €22 to the Tourist Office, and the deposit will be retained by the Tourist Office,
• Between 30 and 21 days: 30% of the total price of the service is due by the Customer.
• Between 20 and 8 days: 50% of the total price of the service is payable by the customer.
• Between 7 and 2 days: 75% of the total price of the service is payable by the customer.
• Less than 2 days before arrival or no-show on the day of arrival: 100% of the price of the service is payable by the customer.

8. Payment.

8.1. Terms of payment

The price is payable in full once the order has been confirmed. With the exception of sums paid in advance, which are reimbursed if the product ordered is unavailable under the conditions set out in article 6-4 of the General Terms and Conditions of Sale, any sum paid in advance of the price will earn interest at the legal rate after a period of three months from the date of payment, until delivery of the product or, failing this, restitution of the sum paid when the order was placed. Payment must be made immediately upon ordering, by credit card or in cash, in accordance with the registration form.

8.2. Late payment

Any sum not paid on the due date shall accrue interest at the legal rate, without notice.

8.3. Default of payment

The Tourist Office reserves the right, in the absence of payment of the price by the due date, to demand payment, to suspend delivery or to cancel the contract by operation of law, and to retain, by way of indemnity, the deposit paid when the order was placed.

9. Warranties.

9.1. Legal warranties

All products supplied by the professional vendor benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-14 of the French Consumer Code and the legal guarantee of hidden defects provided for in articles 1641 to 1649 of the French Civil Code. Under these guarantees, the Tourist Office undertakes, at the Customer’s option, to refund or exchange defective products or products that do not correspond to the order. In accordance with article L. 211-15 of the French Consumer Code, the professional seller remains liable for any lack of conformity or hidden defect in the product.

9.2. After-sales service

Warranty claims must be sent by e-mail to the address given in article 1 of these GCS.

9.3. Warranty clauses

Clauses exonerating or limiting the rights granted to consumers under legal warranties, which are deemed unwritten when concluded prior to any claim on their part, are valid when concluded after a claim under Article L. 211-17 of the French Consumer Code.

9.4. Law applicable to warranties

The French law applicable to the contract by virtue of article 16 of the GCS cannot have the effect of depriving the Customer residing in another Member State of the provisions on guarantees granted to him by his national law in application of directive no. 99/44/EC of May 25, 1999 concerning the sale of consumer goods and associated guarantees.

10. Liability.

10.1. Liability waiver

The Tourist Office cannot be held liable in the event of non-performance or improper performance of the contract due either to the fault of the customer, or to the insurmountable and unforeseeable fault of a third party to the contract, or to force majeure. The professional seller cannot be held liable for the product’s non-conformity with the legislation of the Customer’s country, who is responsible for checking that the product is not prohibited for sale in his country.

10.2. Product safety defect.

In the event of damage caused by a product safety defect, the customer must seek the manufacturer’s liability, which can be identified from the information on the product packaging.

10.3. Penalty clause.

In all cases of non-fulfilment of obligations by the Customer, the deposit paid at the time of order remains the property of the professional vendor by way of compensation.

11. Resolutory clause.

Cancellation of the order in the cases provided for in these GCS will be pronounced by simple registered letter with acknowledgement of receipt and will be acquired by operation of law without legal formalities.

12. Intellectual property.

The elements reproduced on the website and its foreign versions, consisting of photographs, visuals, texts, drawings and images, are the exclusive property of the publisher and are protected by copyright, trademark law and patent law. Any reproduction or distribution of these elements, without prior written authorization from the publisher, exposes offenders to legal action.

13. Personal data.

The collection of personal data, its use in order to process orders and build up customer files, and its distribution to third parties responsible for order processing and payment, is subject to the consent of the person concerned. The processing of nominative data, which is kept by the editor for the sole purpose of the proper administration of orders and commercial relations, is subject to a declaration to the French Data Protection Authority (Commission Nationale Informatique et Libertés). Customers have the right to access, modify, rectify and delete their personal data at any time.

14. Settlement of disputes.

14.1. Claim.

Any complaint must be sent as soon as possible by registered letter with acknowledgement of receipt to the address given in article 1 of these GCS. The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

14.2. Territorial jurisdiction.

For any dispute arising in connection with these GTC, the competent court will be that of the defendant’s place of residence or that of the place of actual delivery of the product.

15. Applicable law.

This contract and the GTC governing it are governed by French law.

16. Special legal regime for the sale of tourist packages.

A tourist package, in the legal and jurisprudential sense, is the sale, for a global price, of a service exceeding 24 hours or including an overnight stay, and combining at least two tourist services. The sale of tourist packages is governed by Title 1 of Book II of the French Tourism Code, relating to the organization of travel and holiday sales.

17. Mandatory information.

In accordance with article R. 211-12 of the French Tourism Code, articles R. 211-3 to R. 211-11 of the Code are reproduced below. The Tourist Office strictly applies the regulatory provisions reproduced below.

Article R211-3 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 tickets for scheduled air travel not accompanied by services related to such travel, the seller shall issue the purchaser with one or more tickets for the entire journey, issued by the carrier or under its responsibility. 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 a single tourist package does not exempt the seller from the obligations imposed on him by the regulatory provisions of the present section.”

Article R211-3-1 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 set out in articles 1369-1 to 1369-11 of the French Civil Code. The name or company name and address of the seller are mentioned, as well as his registration in the register provided for in a of article L. 141-3 or, where applicable, the name, address and registration details of the federation or union mentioned in the second paragraph of article R. 211-2.”

Article R211-4: “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, in particular when crossing borders, and the time limits 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 departure;
• 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 R211-5 The seller is bound by the prior information provided to the consumer, unless the seller has expressly reserved the right to modify certain aspects 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 R211-6: “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 1369-1 to 1369-11 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 purchaser 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 claim to the vendor for non-performance or improper performance of the contract, a claim which 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 the event that 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 planned departure date: a) The name, address and telephone number of the seller’s local representative or, failing this, the names, addresses and telephone numbers of local bodies likely to be able to help the consumer in the event of difficulty or, failing this, the telephone number enabling contact to be made with the seller as a matter of urgency, 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 non-compliance with the obligation to provide the information specified in 13° of article R. 211-4;
• 21° An undertaking to provide the purchaser with departure and arrival times in good time before the start of the trip or holiday.”

Article R211-7 The buyer may assign his contract to a transferee who meets the same conditions as he does for the trip or holiday, as long as the contract has not produced any effect. Unless otherwise stipulated, 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 R211-8 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 R211-9 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 price increase, and when the seller 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 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 R211-10 In the case provided for in article L. 211-14, when the seller cancels the trip or holiday prior to the buyer’s departure, he must inform the buyer by any means that will enable him to obtain an acknowledgement of receipt; the buyer, without prejudice to any recourse for compensation for any damage suffered, obtains from the seller immediate reimbursement, without penalty, of the sums paid; in this case, the buyer 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 acceptance, by the purchaser, of a substitute trip or holiday proposed by the seller.”

Article R211-11 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 non-negligible percentage of the price paid by the buyer, the seller must immediately take the following steps, without prejudice to any claims for damages that may have been 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 transport tickets to ensure his return 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.”