GENERAL TERMS AND CONDITIONS OF SALE CONTRACTS FOR TOURIST PACKAGES
CONTENT OF THE SALE CONTRACT FOR TOURIST PACKAGES
General Terms and Conditions are part of the travel contract, together with the description of the travel package and the booking confirmation of the services requested by the client/traveller. When the client/traveller confirms the purchase of the travel package, he or she has accepted, even on behalf of those who will participate in the travel, both the present General Terms and Conditions and any other advice reported in them.
1. LEGISLATIVE SOURCES
The sale of tourist package regarding services to be provided both within national boundaries and abroad is governed – until its repeal by Article L211-1 (Code du Tourisme – Dispositions Générales) and Article L211-7 (contrat de vente de voyages et de séjours) ratifying and implementing the International Convention relative to travel contracts (CCV) signed in Brussels on 23.4.1970 – as applicable – as well as by the Tourism Code (art. 32-51) and its subsequent amendments and by the Civil code if applicable.
The organiser and the intermediary of the tourist package, to whom the tourist applies, must be authorised to carry out their services in accordance with the applicable administrative regulations, even regionally. Pursuant to Article L211-7 , the use of the company name or title in connection with the words “travel agency”, “tourism agency”, “tour operator”, “travel broker” or other words or phrases, even in a foreign language, of a similar nature, is permitted exclusively to authorised firms, as referred to in the first paragraph.
The price of the tourist package is stated by the contract with reference to the catalogue or to the brochure program and to updates of the same or on the website of the agency.
It may be altered within twenty days prior to departure exclusively as a consequence of changes involving: – transport costs for pick-ups and drop-offs in outside the area stated in the package Official rates of exchange shall apply to such possible variations and to the above mentioned costs according to program publication date, as per date stated by the catalogue technical file, or to the date stated by any of the aforementioned updates.
Booking requests should be drawn up using the proper contract form, in electronic format if applicable, filled-in in all parts and signed by the consumer who will be supplied with a copy.
The acceptance of the reservation is understood to be confirmed, and the contract effective.
Special requests regarding the offering and/or execution of services included in the package, included special care for people with reduced mobility or special meal requests, will have to be specified prior to conclusion of the contract.
5 . CLIENT CANCELLATION & REFUND POLICY
Operator strictly adheres to its cancellation policy and will make no exceptions to the policy. If client chooses to cancel his or her reservation, Operator must receive written notice of said cancellation in writing via certified mail, fax or e-mail sent to firstname.lastname@example.org (with confirmation of receipt from Operator), and client shall be subject to the following cancellation fee schedule:
In the event that the promoter or the seller need to significantly alter one or more elements of the contract prior to departure, they must immediately inform the consumer in writing about the nature of the changes and about the consequent price difference. If it is not accepted by the tourist, the latter can alternatively exercise the right to reclaim the previously paid sum or to accept an alternative tourist package pursuant (Code Tourisme : Article L211-13 ) . If exceptional and unavoidable circumstances, occurring at the destination or in the immediate vicinity thereof, have significant consequences performance of the contract or on the carriage of passengers to the place of destination. In this case, the traveller is entitled to a full refund of the payments made but not to additional compensation (Code Tourisme : Article L211-14)
6 . INSURANCE
The Different Traveler SAS does not subscribe any insurance on client’s behalf. The Different Traveler is not entitled to transport itself tourists (we work with dedicated companies for so) so repatriation relative to trips abroad will not be covered by us. This aspect should be covered by the tourist private insurance, airline company, credit card insurance applied for the flight payment, or any other solution adopted by the traveller himself/herself before his/her departure. A trip cancellation/interruption insurance is recommended, but not required to participate in a Tour.
Trip cancellation/interruption insurance will protect client should he or she need to cancel for certain necessary reasons such as illness, unemployment, death, and provides client refunds for air and Tour.
Additional insurance for baggage, health/accident is also strongly recommended and available through most major travel insurance providers. Operator is not responsible for additional expenses that may occur, as a result of client not purchasing travel insurance.
7 . ACCOMMODATION CLASSIFICATION
The accommodation proposed in our winetours is not attached to air transport, train transport or the whole stay option of the client, in the wine tasting country we are keen to work with.
The official classification of hotels or any other kind of accommodation described in our product sheet or other informative material only on the basis of explicit and formal indications by the competent authorities of the country in which the service is provided.
In the absence of official classifications recognised by competent public authorities of countries members of the EU where the service is provided, the organiser reserves the right to provide a catalogue or brochure in its description of the structure in order to permit an evaluation and subsequent acceptance thereof by the consumer.
8 . ASSISTENCE OBLIGATION
The organiser is obliged to lend the necessary assistance to the consumer imposed by the professional standard of care only in respect of obligations at its own expense required by law or contract. The organiser and the seller are exempt from their responsibilities ( when the failure or improper performance of the contract is attributable to the consumer or is dependent on a third party to unforeseeable or unavoidable, or was caused by a fortuitous event or force majeure.
9 . RESPONSIBILITY
In the limits of Code du Tourisme Article L211-16 & Article L211-17
ACCEPTANCE OF TERMS AND CONDITIONS
Acceptance of the initial services to be provided on the Tour shall constitute an acceptance by the client of these Terms and Conditions recited above. client understands that this is a legally binding and enforceable contract. By paying the deposit to Operator, the depositor, also known and referred to herein as client, therefore agrees to be bound by the above-recited Operator Terms and Conditions.