General conditions of sale of trips and stays
Article R211-3
Modified by Decree nº: 2009-1650 of December 23, 2009 - art. 1
Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel or holiday services shall give rise to the delivery of appropriate documents which comply with the rules defined by this section.
In the event of the sale of air transport tickets or tickets on a regular line not accompanied by services linked to this transport, the seller shall deliver to the buyer one or more passenger tickets for the entire journey, issued by the carrier or under his responsibility. In the case of transport on demand, the name and address of the carrier, on whose behalf the tickets are issued, must be mentioned.
The separate invoicing of the various elements of the same tourist package does not exempt the seller from the obligations imposed on him by the regulatory provisions of this section.
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Article R211-3-1
Created by Decree nº: 2009-1650 of December 23, 2009 - art. 1
The exchange of pre-contractual information or the provision of contractual conditions is carried out in writing. They can be done electronically under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code. The name or business name and address of the seller are mentioned as well as the indication of his registration in the register provided for in a of Article L. 141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of article R. 211-2.
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Article R211-4
Created by Decree nº: 2009-1650 of December 23, 2009 - art. 1
Prior to the conclusion of the contract, the seller must communicate to the consumer information on the prices, dates and other constituent elements of the services provided during the trip or stay such as:
1º: The destination, means, characteristics and categories of transport used;
2º: 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;
3º: The catering services offered;
4º: The description of the route when it is a circuit;
5º: The administrative and health formalities to be completed by nationals or by nationals of another Member State of the European Union or of a State party to the Economic Area Agreement European in the event, in particular, of crossing borders as well as their deadlines for completion;
6º: Visits, excursions and other services included in the package or possibly available at an additional cost;
7º: 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 consumer information in the event of non-confirmation of the trip or stay; this date cannot be set less than twenty-one days before departure;
8º: 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;
9º: The terms of price revision as provided for in the contract pursuant to Article R. 211-8;
10º: Contractual cancellation conditions;
11º: The cancellation conditions defined in Articles R. 211-9, R. 211-10 and R. 211-11;
12º: 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 the costs of repatriation in the event of accident or illness; 13º: When the contract includes air transport services, the information, for each flight segment, provided for in Articles R. 211-15 to R. 211-18.
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Article R211-5
Modified by Decree nº: 2009-1650 of December 23, 2009 - art. 1
The prior information given to the consumer binds the seller, unless in this the seller has expressly reserved 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 case, the modifications made to the prior information must be communicated to the consumer before the conclusion of the contract.
Article R211-6
Modified by Decree nº: 2009-1650 of December 23, 2009 - art. 1
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 Civil Code apply. The contract must include the following clauses:
1º: The name and address of the seller, his guarantor and his insurer as well as the name and address of the organizer;
2º: The destination or destinations of the trip and, in the event of a split stay, the different periods and their dates;
3º: The means, characteristics and categories of transport used, dates and places of departure and return;
4º: The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification under the regulations or customs of the host country;
5º: The catering services offered;
6º: The route when it comes to a circuit;
7º: Visits, excursions or other services included in the total price of the trip or stay;
8º: The total price of the services invoiced as well as the indication of any possible revision of this invoicing under the provisions of Article R. 211-8;
9º: The indication, if applicable, of fees or taxes relating to certain services such as landing, disembarkation or boarding taxes in ports and airports, stay when they are not included in the price of the service(s) provided
10º: 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 stay and must be made upon delivery of the documents allowing the trip or stay to be carried out;
11º: The special conditions requested by the buyer and accepted by the seller;
12º: The terms under which the buyer can seize the seller of a complaint for non-performance or poor performance of the contract, complaint which must be addressed as soon as possible, by any means allowing obtain an acknowledgment of receipt from the seller, and, where applicable, reported in writing, to the travel organizer and the service provider concerned;
13º: The deadline for informing the buyer in the event of non-confirmation of the trip or stay by the seller in the event that the realization of the trip or stay is linked to a number minimum number of participants, in accordance with the provisions of 7º: of article R. 211-4;
14º: Contractual cancellation conditions;
15º: The cancellation conditions provided for in Articles R. 211-9, R. 211-10 and R. 211-11;
16º: Details concerning the risks covered and the amount of guarantees under the insurance contract covering the consequences of the professional civil liability of the seller;
17º: The information concerning 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 insurance contract assistance 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;
18º: The deadline for informing the seller in the event of assignment of the contract by the buyer;
19º: The commitment to provide the buyer, at least ten days before the scheduled date of departure, with the following information:
a) The name, address and telephone number of the seller's local representation or, failing that, 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 for establishing urgent contact with the seller;
b) For travel and stays of minors abroad, a telephone number and an address enabling direct contact to be established with the child or the person in charge of their stay on the spot;
20º: The clause for termination and reimbursement without penalty of the sums paid by the buyer in the event of non-compliance with the information obligation provided for in 13º:_cc781905-5cde-3194-bb3b -136bad5cf58d_ of article R. 211-4;
21º: The commitment to provide the buyer, in good time before the start of the trip or stay, with the departure and arrival times.
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Article R211-7
Modified by Decree nº: 2009-1650 of December 23, 2009 - art. 1
The buyer may assign his contract to a transferee who fulfills the same conditions as him to carry out the trip or the stay, as long as this contract has not produced any effect.
Unless stipulated more favorable to the transferor, the latter is required to inform the seller of his decision by any means allowing him to obtain an acknowledgment 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. This assignment is not subject, under any circumstances, to prior authorization from the seller.
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Article R211-8
Modified by Decree nº: 2009-1650 of December 23, 2009 - art. 1
When the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it must mention the precise methods of calculating, both upwards and downwards, price variations, and in particular the amount of transport costs and related taxes, the currency or currencies which may have an impact on the price of the trip or stay, the part of the price to which the variation applies, the course of the currency or currencies retained as a reference when establishing the price appearing in the contract.
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Article R211-9
Modified by Decree nº: 2009-1650 of December 23, 2009 - art. 1
When, before the departure of the buyer, the seller finds himself forced to make a modification to one of the essential elements of the contract, such as a significant increase in the price, and when he disregards the information obligation mentioned in 13º: of article R. 211-4, the buyer may, without prejudice to remedies for damages possibly suffered, and after having been informed by the seller by any means allowing to obtain an acknowledgment of receipt:
either terminate his contract and obtain, without penalty, the immediate reimbursement of the sums paid;
either accept the modification or the replacement trip proposed by the seller; an addendum to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums remaining due 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.
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Article R211-10
Modified by Decree nº: 2009-1650 of December 23, 2009 - art. 1
In the case provided for in Article L. 211-14, when, before the buyer's departure, the seller cancels the trip or stay, he must inform the buyer by any means allowing him to obtain an acknowledgment of reception ; the buyer, without prejudging recourse for compensation for any damage suffered, obtains from the seller the immediate reimbursement and without penalty of the sums paid; the buyer receives, in this case, an indemnity at least equal to the penalty he would have borne if the cancellation had taken place by him on that date.
The provisions of this article do not in any way prevent the conclusion of an amicable agreement having as its object the acceptance, by the buyer, of a journey or alternative stay proposed by the seller.
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Article R211-11
When, after the departure of the buyer, the seller is unable to provide a major part of the services provided for in the contract representing a significant percentage of the price honored by the buyer, the seller must immediately take the following measures without prejudge claims for compensation for any damage suffered:
- or offer services to replace the services provided by possibly supporting any additional price and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him, upon his return, the difference in price;
- 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 within conditions that can be deemed equivalent to the place of departure or to another place accepted by both parties.
The provisions of this article are applicable in the event of non-compliance with the obligation provided for in 13º: of article R. 211-4.
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Article R211-12
Modified by Decree nº: 2009-1650 of December 23, 2009 - art. 1
The provisions of Articles R. 211-3 to R. 211-11 must be reproduced in the brochures and travel contracts offered by the persons mentioned in Article L. 211-1.
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Article R211-13
Modified by Decree nº: 2009-1650 of December 23, 2009 - art. 1
The buyer can no longer invoke the benefit of the clause provided for in 20º: of article R. 211-6 after the service has been provided.
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