This charter has been created to inform the users about the terms and conditions of use and sale of the www.destination-surf.com website.
By accessing and using the DESTINATION SURF website services to plan or buy your Surf trip with one of our Service Providers or Properties Owners, you accept to respect unconditionally the terms and conditions of use and of browse thereafter defined as well as the terms and conditions of sale.
It is reminded that DESTINATION SURF reserves the right to modify the terms, conditions and mentions of this charter at any time.
It is therefore advised to the User to regularly check the latest version of the Terms and Conditions and of the Personal Data available on the website.
DESTINATION SURF helps the travellers get in touch with Service Providers and Properties Owners who manage Surf camps, Hotels, Resorts, Villas, condos, Boats Cruises, organisers of tours or trips with Surf characteristics (commonly referred to as “Service Providers or Properties Owners”).
They are local and independent businesses in the country of destination, who welcome the clients, plan their trips and sell their services.
DESTINATION SURF has a registration number as a Travel Agency in France, delivered by Atout France. DESTINATION SURF acts as internet website offering a selection and connection tool with Service Providers. Service Providers & Properties Owners communicate with the user using their own brands and entities.
DESTINATION SURF ensures and checks that the Client’s file is properly dealt with for every step of its planning by the service provider. After having made the link with the service provider or Property Owner, the sale and the payment of the trip are made directly on the website.
DESTINATION SURF guarantees, with a strict selection and a constant awareness that service providers and Properties Owners offer quality advice and services for the client’s stay, and that match the Offer featured on the website. The terms and conditions specific to the chosen service provided as well as all the details of the service provided are clearly mentioned on the appropriate product sheet. DESTINATION SURF is an information and connection platform for trips aimed at surfers.
This charter was designed to specify to the www.destination-surf.com website users the conditions of use of the site, notably regarding using the services of the Service Providers and Properties Owners. Anyone browsing the website is considered a user, whether or not identified on the website.
By accessing and using the DESTINATION SURF website you accept to unconditionnally respect the terms and conditions thereafter stated. It is reminded that DESTINATION SURF reserves the right to change the terms, conditions and mentions of this Charter at any time. Therefore it is advised to regularly check the latest version of the General conditions on the website.
The www.destination-surf.com website provides the users who wish to organise surf trips with the following services:
DESTINATION SURF being hosted on the Internet, to access it you have Internet access and the appropriate equipment (computer, tablet, smartphone, software…) enabling downloads of the necessary digital data. In addition you must create your user account and log in to exchange via dedicated messaging system with the Service Provider and if need be place an order. In order to do so, DESTINATION SURF provides you with a messaging system and an access to your personal Dashboard functionning through an Internet connection at your expense.
DESTINATION SURF can not be held responsible for the unavailability, the interuption or the malfunctionning of the website, for any reason and notably in the case of a failure from their internet service provider, their hosting company, third party intrusion, force majeure. DESTINATION SURF can not be held responsible for the inconvenience or damages inherent to using the internet network, such as notably presence of computer viruses or spywares. DESTINATION SURF can block the access to their website at any time, notably for maintenance and updating reasons, or for any other reason, notably technical ones. DESTINATION SURF is by no means responsible for the consequences that could be ensuing for the user or any third person. It is reminded that DESTINATION SURF can stop or modify the characteristics of these services at any time, and this without notice. You accept the fact that DESTINATION SURF or their suppliers can not, by no means, be held responsible for any equipment and/or immaterial damage and/or direct or indirect damage of any kind and/or resulting from using or the impossibility of using the www.destination-surf.com website.
DESTINATION SURF is free to refuse, to interupt or to put on hold at any time the access to the whole or to part of the website or of the services, notably for technical or maintenance reasons, to modify, put on hold or delete the website and putting an end to its publication on the Internet network without the users being entitled to any compensation.
DESTINATION SURF provides the visitors and the users with free access to general information services free of charge, without having to identify yourself or create an account.
To be able to use the connection services, the information or quote request services for the Service Providers and Properties Owners and the access to your personal space Dashboard, your identification and your prior agreement are essential.. For the same reasons, to be able to use the messaging system services to connect for an information inquiry, a quote or a booking with the Service Providers and the usage of the parsonal space Dashboard, your identification and your prior agreement are essential. The online registration to your account, the information and quote requests, or Contact-Booking are entirely free of charge. To become a Member of the website and therefore take advantage of all the services offered by DESTINATION SURF, you simply have to fill an online form, read and accept this DESTINATION SURF General Conditions. Your registration will be taken into account under some conditions :
Your registration will be taken into account under some conditions : You are a natural person;
You are eighteen (18) years old or more; or if you are a minor have the auhtorisation of your legal representative;
You are registering in your own name and for a third party benefit;
You are providing acurate, checkable, complete and up-to-date personal information;
Your email address must be personal, valid and documented;
Your conections to the Account (hours, country, Internet Service Provider, ban on proxys) must match a normal usage of a User Account;
Your identification must comply with creation rules (do not refer to a political preference, an ethnic group, a community, a religion; not be vulgar or insulting; do not have a sexual or pronographic connotation; do not resemble or imitate a copyrighted brand; do not refer to a drug substance or any other entity forbidden by the law; do not resemble or imitate names of characters created by one of the online authors; do not resemble or imitate the name of one of the DESTINATION SURF company’s staff member; not be written or spelt alternatively in order to circumvent the abovementionned rules).
It is reminded that anyone guilty of making a fake statement for himself or a third party run the risk of prosecution, notably the sanctions applicable according to the article 441-1 of the penal Code, with penalties ranging from up to three years of prison and 45.000 euros fine
To be connected with a local Service Provider or and Property Owner in order to plan your trip, you must fifill a form by clicking on :The “Contact-Booking” button
A empty field message form will be available to you, so you can formulate your request to the Service Provider (a translation tool is available in the form). You have to describe precisely all the personal information you deem relevant to your trip (a list of questions is provided).
You will receive a sent form confirmation message via the DESTINATION SURF’s internal messaging system, and a personnal account will automaticly created
Within 48 hours maximum (depending on local country time) the Service Provider or Property Owner will reply you directly by email viewable in the dedicated inbox of your User’s Dashboard; your whole correspondance will be chronologicaly saved in your dedicated inbox.
You will communicate with the Service Provider or Property Owner on several occasions until the quote for your trip is finalised.
As soon as you have agreed your booking, you will be redirected to an online invoice page for a first down payment, as per the terms and conditions described in the Fares section. You will therefore accept DESTINATION SURF’s terms and conditions regarding sale, payment and cancellation.
NB: The hotel rooms availability and the type of hosting are open to changes from the offer and the price displayed on the website. The Service Provider or Property Owner will precisely confirm for you these aspects in writing depending on the requested date.
The client agrees to respect the rules formulated by Destination Surf and their Service Providers and Properties Owners. These rules aim to ensure the good course of the trip and are also safety related rules.
DESTINATION SURF has no means of checking the surfing ability level claimed by their clients and can not be implicated as well as their local service providers, in case of an injury, accident or death while practicing surf of one of the participants to one of the trips, cruises or packages. Each person is surfing under his/her own responsibility, knowing his/her level and the possible risks related to the currents, tides, weather conditions, fauna and flora and the water environment. In the case of equipment rental (shortboard, longboard or body board) without pre-booking a training course or a lesson, the client categoricaly ensures that he possesses enough technical ability to use the rented equipment by him/herself. From the moment the equipment is collected, the client practice surfing under his/her very own responsibility regarding third parties and the equipment that was lent to him/her. DESTINATION SURF will not be involved, for any reason in the case of dispute between the client, the center, the school or the surf training course camp regarding damage, loss or theft of the surfing equipment. DESTINATION SURF will not be responsible for any purchase or rental of a service or equipment on site by the client, from third parties and independently of the trip contract. Any service or equipment purchased or rented on site by the client and that would not fit into the trip package will not be covered by DESTINATION SURF’s liability. DESTINATION SURF draws the clients’ attention on the obligation to be properly insured with civil liability and insurance abroad for the practice of surfing. No reimbursement will be paid because of bad surf conditions – or very bad – or because of bad weather condition that would delay or cause the cancellation of an activity planned as part of the hotel package, cruise or Surfari. In the case of an accident that requires a rapatriation confirmed by the insurance doctor on site, the medical expenses will be taken care of by the client’s insurance as well as the reimbursement of the unused services. If the rapatriation for health reasons is not confirmed but the client decides anyway for an anticipated return, the cost incurred by the purchase of new plane ticket or any other service not included in the contract will be at the client expenses. Idem for unused services.
1. DESTINATION SURF informs the client about the administrative and health documents the client has to provide in the event of crossing borders, to the attention only of french or EU or EEE national clients and is not in charge of obtaining or paying for the visas, passports and can not be held responsible for the administrative issues related to your trip. Idem for all health related aspects (vaccination, medical treatment…) DESTINATION SURF can not be held responsible for the possible cancellation of your trip in the case of failure or neglect from your part, and the overdue costs. The foreign non-EU nor EEE clients will have to get in touch with their consul authority or with their ambassy.
2. For some countries, vaccinations or preventive treatments against paludism, malaria and yellow fever are not mandatory but advised. Think about it long enough in advance because some vaccinations need several injections. Your healthcare is under your responsibility. DESTINATION SURF will not be making any reimbursement in the case of a cancellation of a trip due to non-respect of the necessary health requirements. For additional information:
• Institut Pasteur : 209, rue Vaugirard -75015 Paris
Tél. : 01 45 68 80 00 www.pasteur.fr
World Health Organisation website : www.who.int/fr
or the centre closest to your city.
Bring usual and personal emergency medicine in your luggage.
Advice yourself before your trip (medical, weather, ambassies, currencies, vaccination centre)
3. As for any of your trips, you have to be insured for your moving about abroad as well as in France: personal assistance and medical expenses, insurance in case of an accident, rapatriation, luggage insurance, cancelation insurance, civil liability. It is your responsibility to check your insurance from your credit card company, from and insurance company or possibly one of the Travel specialised insurance offered on our website in the “Services” section. DESTINATION SURF offers a full package and apropriate for clients practicing water sports. DESTINATION SURF can not be held responsible for the consequences following an insurance subscription made independantly or via the partners links suggested on the website.
All the information, content, files, softwares and material provided by our services are protected by the french and international laws regarding intelectual property and copyright. You declare being the owner of all the information given on DESTINATION SURF. You can not use or communicate data and information which violate other people’s rights, except after having obtained their explicit agreement. You are responsible for all the content, data, documents or information of all kind that you offer, use and / or utilise on our website. Moreover you guarantee DESTINATION SURF against all claims and complaints of any kind, and notably requests for financial compensation which a third party could make on the grounds of fraudulent usage of any personal named data. You will therefore bear all the consequences, notably financial ones, as a result of fraudulent usage of data of any kind you would have transferred on our website and will give financial compensation notably to DESTINATION SURF for all the sentencing and possible defence lawyer’s fees consecutive of such claims made to a court of justice by third parties.
We encourage you to verify that each file sent to the service provider or saved on your personal Dashboard on the website do not contain any virus. You can not save or send files containing viruses or destroy data programs. Your liability will be engaged in case of ofense.
DESTINATION SURF is insured for a Civil Liability Insurance policy with HISCOX under the contract n° HA RCP0228797, covering the consequences of their professional liability, notably corporal, material and immaterial damages together. The definition of civil liability (accident, theft, fire, etc…) changing depending on the legislation of the concerned country, it is advised to the travellers to protect themselves individually by subscribing to an additional personal insurance.
The client will respect the rules expressed by the Service Provider or Property Owner in their terms and conditions. These rules aim at ensuring the good course of the package program and are also safety rules. Any client’s activity which does not fit within the framework of the package program of the planned trip does not fall under the Service Provider’s or Property Owner liability. The Service Providers and prperties Owners commits themselves to the client to:
The Service Provider and Property Owner can not be held responsible for:
Forgetting or the loss, theft or damage of your personal property;
Damaging consequences following an unavoidable event (bad weather conditions, natural catastrophe, political problem, strike);
Damages done by other clients;
Consequences related to delays, stoppages or cancelations of flights of air transportations;
Consequences related to timetable or airport changes; Consequences related to delays, stoppages or cancelations of land transportations;
Consequences related to delays, stoppages or cancelations of rail transportations;
Non respect of timetable due to the Client’s fault. It is to be noted that DESTINATION SURF selected Service Providers and Properties Owners experienced in planning and organising Surf trips and that are used to, should a problem occur, take the most appropriate decisions and solve any argument on a case by case basis by a mutual agreement. The Service Provider or Property Owner will always try to find a replacement solution.
Note: DESTINATION SURF Applies fees :
up to 500 €: 15 €
over 500 €: 30 €
Last Minute Sale: For files made -7days departure : 4% booking fee will be charged last minute (bank charges for urgent transfers to providers) in addition to the normal fee records. After several messages and exchanges via the DESTINATION SURF messaging system, the Provider will send to Customer a quote via email. The quote is valid for 72 hours and off at the end of this period, if the customer does not confirm the reservation. If not timely confirmation, the Customer must make a new request to the Provider who will establish a new quote, based on availability.
The customer validates his Quote in the messaging system in his Dashboard on DESTINATION SURF website.
There will clearly appear the details of the services offered as well as the local taxes and possible additional services.
After accepting the terms and conditions of the website, the client will be automatically redirected to the payment section of the website.
DESTINATION SURF is responsible for receiving the online payment for the client’s trip (down payment and balance).
A booking is effective as soon as the down payment has been received from the client. A file status, confirmation of the down payment having been made and a reminder of the balance will be available on the Client Dashboard in the “My Bookings” section.
The amounts and deadlines must be respected otherwise the contract and planned services will be cancelled and it will result in the loss of the down payment. The payment is made on the DESTINATION SURF website via an online payment system (credit cards: Visa, Mastercard). These payment solutions are totally bank guaranteed and 3D Secured. No bank transfer must be made to the Service Provider or Property Owner.
On the contrary, DESTINATION SURF can not be held responsible for the service provided, for the possible payment problems and the non-respect of the above might lead to the closure of the user account. - For any booking made earlier than 60 days from departure date :
Outstanding balance 60 days before departure date - Registration later than 60 days from departure date :
Total amount to be paid in full at the time of registration - Surf Cruises and Flat and Villa rental :
50% at the time of booking
Deposit non refundable
Outstanding balance must be paid 90 days before departure date
The full amount of the cruise will be asked for any booking made later than 90 days from departure date in order to secure the booking with the Boats cruises owners, who receive an important number of requests for limited places on board. The trip voucher will be available on the Dashboard in the “My Bookings” section as soon as the entire online trip purchasing transaction will be validated. This voucher is to be printed by the client and will have to be handed over to the Service Provider or Property Owner upon arrival on site.
Any cancellation must be notified to DESTINATION SURF by email at firstname.lastname@example.org with “delivery receipt” request. Cancellation charges are at the client’s expense. The day the notification email is received sets the effective cancellation date. The amount varies depending on the date the cancellation is made. The cancellation charges will be taken off the down payment or off the amount paid by the client at the time of the booking. DESTINATION SURF will reimburse the difference to the client via bank transfer or cheque, minus the costs (cancellation charges) specified hereunder for the retraction depending on the cancellation date compared to the departure date. The possible bank charges will be at the client’s expense.
Cruises, Flat and Villa rental :
Cancellation 90 days before departure date: loss of the 50% down payment
Between 90 days and the departure date: 100% of the price of the trip If the number of participants is not reached for some booked programs, notably surf cruises and surfaris, DESTINATION SURF reserves the right to cancel the trip. This cancellation can happen at any time until 21 days before the departure date. If, because of cancellations, the number of booked participants is reduced (for example: Boat Cruise) but the trip is maintained, the fares for the other participants can be modified and increased.
Any trip shortened or interupted, any land, river, sea or air service non utilised for any reason will not be subject to reimbursement by DESTINATION SURF. In the case of an interuption of the trip for health reasons, the client will call upon his/her insurance to obtain the total or partial reimbursement of the unused services.
All our prices are displayed in euros or in dollars. A conversion tool is available for the client as an indicative. We are not responsible for the possible mistakes from this third party edited tool. The package prices for the trips or the stays offered are set depending on the number of nights. The client must check his/her plane bookings timetable accordingly. Change of price :
The displayed prices are subject to change or update depending on exchange rate fluctuation of the currency used by the service providers.
The prices on the website were established based on notably the following economic conditions:
Currency rate being part of the calculation of the total cost. These economic datas are considered at the time of publishing of the programs and description of the service provided. Variation of prices:
According to the R.211-8 article of the Code of Tourism, DESTINATION SURF reserves the right to modify the price of their services, making it higher or lower, within the authorised legal limits and according to the following clauses:
Variation of the currency exchange rate.
Unless stated otherwise on the sale contract, if the fluctuation of the currency exchange rate should change the total price of the trip, this modification will be entirely passed on (either for an increase or a decrease).
This fluctuation of currency impacts the services invoiced to DESTINATION SURF and represent, depending on the trip, from 30 to 70% of the total price.
In the case of an increase of the selling price, the information will be passed on to the Client by any mean allowing a recorded delivery. DESTINATION SURF will change the selling price if the increase of the package price is superior by 3% at least. In this case, a recount will be given to the client who will have the possibility to cancel his/her contract due to substantial modification, as quickly as possible following the increase notification and by any means allowing a recorded delivery, without any charge or penalty, according to the R211-9 article of the Code of Tourism. During the 30 days preceeding the planned departure date, the selling price of the contract can not be subject to any kind of increase. Are not included in the price:
- Air transport of the clients (international and domestic), their luggage and surfing material.
- Tips and any other personal expenses.
Some service providers offer children discounts. They are mentionned on the website in the description section of the selected offer. Any minor child must have an ID with a photo, identity card or passport, possibly with an authorisation to leave the country (privately established with an official signature from the city hall or the police station) depending on the destination countries and if the child is not travelling with one of the parents. DESTINATION SURF can not accept a booking to one of their trips for a minor without supervision (except for some specific conditions mentionned for some Kid’s Camps in France – only for a french national with a parent’s authorisation provided). In consequence, the agency can not be held responsible in the case of despite this restriction, an unsupervised minor would be booked, without them knowing, for one of the trips.
The ranking of the hotel categories is displayed according to local standards of the concerned countries. The “Destination Surf Loves…” reviews and ranking are specific to our website et only reflects the commercial apreciation of the users. Description of the housing and the rooms:
- Hotels :
Half board: the number of meals can not exceed the number of nights (Ex: 7 nights / 7 meals)
Sometimes, breakfast or diner can be imposed as part of the half board.
Beverage : in some accommodations or surf cruises – exclusively for adults – wine or beer is included. If not consumed, it will not be replaced by another beverage and will not be subject to reimbursement. No other beverage is included for children (except special case).
- Touristic accommodations – Condos/ Flats – Villas – Pousada – Guest rooms :
Most of the flats, condos, touristic accommodations and villas have a kitchen and the appropriate equipment.
Buying food, cleaning products etc… is at the client’s expense.
The costs for maintenance and cleaning are not always included in the price of the rent.
Some housings do not provide bathroom linen. Plan to bring what’s necessary.
The cleaning is not daily (unless specified).
According to the L.121-20-4. 2° article of the Consumer’s Code, the right of retraction existing for a remote sale is not applicable to the contracts which object is the sale of accommodation, transport, catering and leisure services which have to be provided at a precise date or with a precise periodicity.
See the Imprint Section of the website.
According to usage and practice on the Internet, advertising can be inserted on the website and notably on the Service Provider’s special offers pages. To that end DESTINATION SURF has a total freedom regarding the choice of advertisers, of displays of the advertising but also their position.
The links connecting to other websites should not engage DESTINATION SURF’s liability, themselves having no control on the content of these websites. Consequently, DESTINATION SURF will not bear any responsibility related to the content, adverts, products, services or any other tool available on or from these websites or from external sources that has not been verified nor approved, nor be held responsible for any damage resulting or related to the utilisation of these links. DESTINATION SURF authorises the set up of hyperlinks leading towards their content, as long as :
DESTINATION SURF and/or their partners provide all the content (such as notably images, sounds, videos, pictures, logos, brands, graphic elements, tools, softwares, documents and any other data). DESTINATION SURF do everything they can to provide the users with available tools and/or reliable information and/or content. However, DESTINATION SURF and/or their partners can not guarantee to the users the accuracy, the completeness and/or the up-to-date character of the information and/or the content provided as well as the availability of these elements and tools. Consequently, the liability of DESTINATION SURF and/or their partners can not be engaged for the utilisation of the information and/or content provided and/or the tools available on the website.
16.1. We reserve the right to close your account in the event of a violation of the Charter of Use, and/or of the general terms and conditions of sale or the disrespect of one of your obligations. In that case, all your personal data would be deleted. 16.2. Without it being an obligation for us, we reserve the possibility to conduct occasional one-way control procedures, or following a third party request, aimed at checking the respect by the user of the whole general and specific terms and conditions as well as contract documents completing and/or modifying it. These verifications could, if necessary, result in the suspension of the user account in the hypothesis notably where we would require from the user to provide a piece of information related to the observed missing data. 16.3. You can also completely delete your client account and your content, unless there is another order being processed. After the entire completion of the last order, you will be able to freely conduct the deletion of your data. 16.4. For any complaint related to your account, contact our customer service : email@example.com
or by postal letter at the following address : DESTINATION SURF
Service clients –2, rue Louise Weiss, Résidence les Romarins, Bat F appt 61, 31200 TOULOUSE (Don’t forget to mention your user name and to sign the letter).
The respect of your personal information is essential to DESTINATION SURF. To this end, the gathering and processing of your personal information has been subject to a declaration to the C.N.I.L in FRANCE by DESTINATION SURF under the number 1704562
When you create an account with DESTINATION SURF, you accept that we collect and record the following personal data :
You are alone responsible of the data you communicate to DESTINATION SURF and you confirm that the data provided at the time of your registration are perfectly documented and accurate. According to the article 34 of the 6th of January 1978 modified law related to computing, to files and freedom, you are informed that the named informations labelled as being mandatory on the forms and collected as part of the service of www.destination-surf.com are necessary for its usage. DESTINATION SURF use for their website a secured technology so that your personal data transmitted through the website are protected.
We do not sell nor rent your personal data to third parties for marketing purposes without your formal agreement. If you do not wish to receive marketing communication from us nor participate to our personalised advertising programs, you just have to specify your preferences in your profile by ticking the appropriate box.
We can disclose your personal data to comply with legal requirements, to apply our rules, to preserve the rights, the property of the safety of anybody. We can also communicate your personal data to partner companies, providing you explicitely accepted it.
DESTINATION SURF can not guarantee neither the confidentiality nor the deletion of the personal data willingly posted by the user in his/her private messages, nor be held responsible for “spam” suffered by the users who would have decided willingly and spontaneously to publish their email addresses online.
You can’t use our tools to send unsollicitated messages or to send any other content that would be violating our Conditions of use.
Do not communicate your Destination Surf password to anyone. If you communicate your password to other people, keep in mind that you are responsible for all the actions undertaken from your Destination Surf account.
See the « Imprint Section » of the website.
Should one or more of the present dispositions be or become null, non-opposable or non-valid partially or as a whole, the other dispositions will not be affected in any way. The two contracting parties agree to apply, in this turn of event, a new disposition that will be, from an economic point of view, as close as possible to the non-valid disposition.
firstname.lastname@example.org For any question or general information request you would like to communicate to or get from Destination Surf. email@example.com In case of a technical-only problem related to your user account or noticed on your Dashboard (login, connection…) firstname.lastname@example.org In case of a problem related to your file, invoice or any element related to your booked or ongoing trip, and that would not have been solved directly between you and the Service Provider. Or by postal mail at the following address :
DESTINATION SURF - 2, rue Louise Weiss, Résidence les Romarins, Bat F appt 61, 31200 TOULOUSE
The content of the www.destination-surf.com website is elaborated according to French laws. This concerns as much the substance rules as the form rules and its content will be estimated by the only competent French jurisdiction. The rules of law conflicts are excluded to the benefit of the complete and unreserved French law.
In accordance with article R.211-12 of the Code of Tourism, travel brochures and contracts offered by travel agents to their customers must include verbatim the following general terms from articles R.211-3 to R.211-11 of the Code of Tourism.
In accordance with articles L.211-7 and L.211-17 of the Code of Tourism, the provisions of articles R.211-3 to R.211-11 of the Code of Tourism, the text of which is presented below, are not applicable to operations involving the reservation or sale of tickets for transportation that are not part of a package tour. The organizer’s brochure, quote, proposal, and program constitute the prior information covered by article R.211-5 of the Code of Tourism. Consequently, in the absence of contrary provisions appearing on the other side of this document, the characteristics, particular terms and price of the journey as indicated in the brochure, quote, and proposal of the organizer, will be contractual as of the signing of the registration form. In the absence of a brochure, quote, program or proposal, this document constitutes, before the signing by the buyer, the prior information covered by article R.211-5 of the Code of Tourism. It is null and void if there is no signing within 24 hours of its issuing.
In the event of a transfer of contract, the transferor and/or the transferee must first pay the resulting expenses. When these costs exceed the amounts displayed at the point of sale and those mentioned in the contractual documents, supporting documents will be provided. DESTINATION SURF (trade name of the agency) has subscribed with RCP – GENERALI Assurances, an insurance contract guaranteeing its Professional Civil Liability.
With the exception of the exclusions provided for in paragraphs three and four of article L. 211-7, all offers and all sales of travel or holiday services lead to the delivering of appropriate documents that comply with the rules defined by this section.
In the event of sales of airline tickets or tickets on regularly scheduled services that are not accompanied by package-type services linked to this transportation, the seller issues the buyer one or several passenger tickets for the entire journey, issued by the carrier or under his responsibility.
In the case of transport upon request, 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 given tourism package does not absolve the seller of his obligations under the regulatory provisions of this section.
Exchanges of pre-contractual information and the providing of contractual terms are done in writing. These can be done electronically in the conditions of validity and exercising provided for in articles 1369-1 to 1369-11 of the civil code. They must mention the name or company name and address of the seller and indication of his listing in the registry provided for in article L. 141-3 or, if applicable, the name, address and indication of the registration of the federation or the union mentioned in the second paragraph of article R. 211-2.
Prior to the signing of the contract, the seller must give the consumer information about the prices, dates and other elements that constitute the services provided for the journey or holiday such as : 1° The destination, means, characteristics and categories of transport used;
2° The type of accommodations, their location, level of comfort and main characteristics, authorization and tourism rating according to the regulations or customs of the host country;
3° The meal services offered;
4° A description of the itinerary for tours;
5° The administrative and health formalities to be carried out by French citizens or citizens of another member state of the European Union or of the European Economic Area, particularly in cases involving the crossing of borders, and the deadlines for carrying these out;
6° The visits, excursions and other services included in the package or possibly available at an additional cost;
7° The minimum or maximum size of the group making it possible to carry out the journey or holiday and, if the carrying out of the journey or holiday depends on a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the journey or holiday; this date cannot be set at less than twenty-one days before the departure;
8° The amount or the percentage of the price to be paid as a deposit upon signing the contract and the schedule for the payment of the balance due;
9° The conditions for revision of the prices as provided for by the contract in application of article R. 211-8;
10° The conditions of cancellation of a contractual nature;
11° The cancellation terms defined in articles R. 211-9, R. 211-10 and R. 211-11;
12° The information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or of an assistance contract covering certain particular risks, such as expenses for repatriation in the event of accident or illness;
13° When the contract includes air transport services, the information, for each section of the flight, provided for in articles R. 211-15 to R. 211-18.
The prior information given to the consumer binds the seller, unless, in this information, the seller expressly reserves the right to modify certain parts of it. The seller must, in this case, clearly indicate to what extent this modification can take effect and on what elements.
In any event, the modifications made to the prior information must be given to the consumer before the signing of the contract.
The contract signed between the seller and the buyer must be written, drawn up in duplicate with one original given to the buyer, and signed by both parties. When the contract is signed electronically, articles 1369-1 to 1369-11 of the civil code apply. The contract must include the following clauses:
1° The name and address of the seller, his guarantor and his insurer and the name and address of the organizer;
2° The destination or destinations of the journey and, in the case of a holiday in stages, the various periods and their dates;
3° The means, characteristics and categories of transport used, the starting and return dates and places;
4° The type of accommodations, their location, level of comfort and main characteristics and the tourism rating by virtue of the regulations or customs of the host country; 5° The meal services offered;
6° A description of the itinerary for tours;
7° The visits, excursions or other services included in the total price of the journey or holiday;
8° The total price of the services invoiced and the indication of any possible revisions of this invoicing by virtue of the provisions of article R. 211-8;
9° The indication, if applicable, of the fees or taxes for certain services such as landing, disembarking or embarking fees at ports and airports, visitor’s taxes when they are not included in the prices of the services provided;
10° The schedule and method for payment of the price; the last payment made by the buyer cannot be less than 30 % of the price of the journey or holiday and must be made at the time of submission of the documents allowing him to carry out the journey or holiday; 11° The particular terms requested by the buyer and accepted by the seller;
12° The manner in which the buyer can submit to the seller a complaint for non-fulfillment or poor fulfillment of the contract. This complaint must be sent as early as possible, by any means allowing him to obtain a confirmation of receipt, to the seller, and, if necessary, indicated in writing, to the organizer of the journey and to the provider of the services involved;
13° The deadline for informing the buyer in the event of cancellation of the journey or holiday by the seller if the carrying out of the journey or holiday is linked to a minimum number of participants, in accordance with the provisions of 7° of article R. 211-4;
14° The conditions for cancellation of a contractual nature;
15° The conditions for cancellation provided for in articles R. 211-9, R. 211-10 and R. 211-11;
16° The specifications concerning the risks covered and the amount of the guarantees under the insurance contract covering the consequences of the seller’s professional legal liability;
17° Indications concerning the insurance contract covering the consequences of certain cases of cancellation subscribed by the buyer (policy number and name of insurer) and those of the assistance contract covering certain particular risks, particularly the costs of repatriation in the event of accident or illness; in this case, the seller must give the buyer a document specifying at least the risks covered and the risks excluded;
18° The deadline for informing the seller in the event of a transfer of the contract by the buyer;
19° The commitment to give the buyer, at least ten days before his planned departure date, the following information:
a) The name, address and telephone number of the local representative of the seller or, failing that, the names, addresses and telephone numbers of the local organizations that could help the consumer in the event of difficulties or, failing that, the telephone number to contact the seller in the event of an emergency;
b) For journeys or holidays of minors abroad, a telephone number and address allowing for the establishing of direct contact with the child or the on-site manager for the holiday;
20° The clause for termination and reimbursement without penalties of the sums paid by the buyer in the event of non-observance of the information obligation provided for in 13° of article R. 211-4;
21° The commitment to give the buyer, in a timely manner before the beginning of the journey or holiday, the departure and arrival times. The buyer can transfer his contract to a transferee who fulfills the same conditions as him to carry out the journey or holiday, as long as this contract has not produced any effect.
Unless there is a stipulation that is more favorable to the transferor, he must inform the seller of his decision by any means allowing him to obtain a confirmation of receipt seven days before the beginning of the journey at the latest. When it is a cruise, this period is extended to fifteen days. In no event is this transfer subject to prior authorization.
When the contract includes the express possibility of a price revision, within the limits provided for in article L. 211-12, it must mention the precise method used for the calculation of the price variations, both upward and downward, and in particular the amount of the transportation costs and related taxes, the currency or currencies that could have an impact on the price of the journey or holiday, the share of the price to which this variation can apply, and the rates of the currency or currencies used as references for the establishment of the prices appearing in the contract.
When, before the departure of the buyer, the seller is forced to modify one of the essential elements of the contract, such as a significant price increase and when he ignores the information obligation mentioned in 13° of article R. 211-4, the buyer can, without prejudice to recourse for reparation of damage that might be suffered, and after having been informed by the seller by any means allowing him to obtain a confirmation of reception:
-either terminate his contract and obtain the immediate reimbursement of the sums paid without penalties;
-or accept the modification or substitution journey proposed by the seller; a rider to the contract specifying the modifications made is then signed by the parties; any decrease in prices is deducted from sums that may remain due from the buyer and, if the payment already made by him exceeds the price of the modified package, the surplus must be refunded to him before the date of his departure. In the case provided for in article L. 211-14, when, before the departure of the buyer, the seller cancels the journey or the holiday, he must inform the buyer by any means allowing him to obtain a confirmation of reception; the buyer, without prejudice to recourse for reparation of damage that might be suffered, obtains from the seller the immediate reimbursement of the sums paid without penalty; in this case, the buyer receives compensation at least equal to the penalty that he would have had to pay if the cancellation had occurred due to him as of that date.
The provisions of this article do not in any way represent an obstacle to the concluding of an amicable settlement leading to the acceptance, by the buyer, of a substitute journey or holiday offered by the seller.
When, after the departure of the buyer, the seller is unable to provide a preponderant share 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 prejudice to recourse for reparation of damage that might be suffered:
-either offer services to replace the planned services, bearing any additional cost and, if the services accepted by the buyer are of a lower quality, the seller must reimburse him for the price difference upon his return;
-or, if he cannot offer any replacement service or if these are refused by the buyer for valid reasons, provide to the buyer, at no additional cost, passenger tickets to guarantee his return in conditions that can be judged to be 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-observance of the obligation provided for in 13° of article R. 211-4.
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