The company LEADER SARL hereinafter referred to under the commercial label “Des Hôtels & Des Îles” is a company under French law, with a capital of 7,622.45€ whose head office is located 120 Rue de la Boétie, 75008 Paris, registered RCS Paris, registered RCS Paris B339 261 695 695 000 29, RCS Paris B339 261 695 000 29, registered RCS Paris B339 261 695 695 000 29, CODE APE 67 08.
Financial guarantee with GROUPAMA ASSURANCE CREDIT & CAUTION
Professional liability insurance for travel agencies (article R. 212-14 of the TMS Tourism Code)
Travel agent registration no. IM. 971120017
These general terms and conditions are valid as of September 20, 2009. This edition cancels and replaces previous versions.
Section 1. Definitions — Tourist package — Fields of application
1.1 Definitions
The definitions below have the same meaning whether they are used in the singular or the plural.
“La Créole Beach Hotel & Spa” refers to the hotel marketed by the company LEADER
“Hotels and Islands” refers to the LEADER Company, Service Provider
“Partner” refers to all Service providers.
“Service” refers to the tourist packages offered on the site www.deshotelsetdesiles.com
“Site” means the site www.creolebeach.com
“User” refers to any user of the Site who navigates, reads, books and/or buys one or more Services offered on the Site.
1.2 Tourist Package
A tourist package within the meaning of these General Conditions is the reservation, offered for a global price, of a service exceeding 24 hours or including one night, and combining at least two elements among the following three:
- A transport or car rental service,
- A home,
- A tourist service that is not ancillary to transport or accommodation, but represents a significant part of the overall price.
The reservation of tourist packages is governed by Title 1Er of Book II of the Tourism Code relating to the organization of the sale of trips and stays.
In accordance with article R. 211-14 of the Tourism Code, articles R. 211-5 to R. 211-13 of the said Code are reproduced below in fine of these General Conditions of Sale.
These provisions are supplemented by the specific conditions of the reservation as made on the site www.creolebeach.com.
1.3 Scope
These general conditions of use (hereinafter the “General Conditions”) govern the offer and provision of the Services.
The reservation of Services is reserved for only Users who have previously read the General Conditions in their entirety and have accepted them by ticking the box or by clicking on the hypertext link provided for this purpose. Without this acceptance, the continuation of the reservation process is technically impossible.
Consequently, the finalization of the reservation process on the Site implies express acceptance by the User of these General Conditions.
The specific conditions of the Partners (hereinafter the “Specific Conditions”) are also applicable to the offer and the provision of Services, under terms identical to the General Conditions, in accordance with the terms and conditions identical to the General Conditions. The acceptance of the Specific Conditions by the User occurs at the time of the actual reservation.
The General Conditions may be modified at any time, without notice, it being understood that such changes will not be applicable to bookings of Services made previously. It is therefore imperative that the User consult and accept the General Conditions at the time he makes his reservation, in particular in order to ensure the provisions in force.
Section 2. Booking
2.1 Capacity — Use of the site
The purpose of the Site is to assist the User in the search for Services related to travel and tourism, and to make appropriate reservations, as well as to conclude any related transaction with the Partners. The User must be at least 18 years old, be legally capable of contracting and using this Site in accordance with the General Conditions.
Except in cases of fraud, which it is up to him to prove, the User is financially responsible for his actions on the Site, in particular for the use that will be made of his User name and password. It also guarantees the veracity and accuracy of the information concerning him provided on the Site.
Any use of the Site that is fraudulent, or that would violate these General Terms and Conditions, will justify the User being refused, at any time, access to the Services offered by deshotelsetdesiles.com and/or its Partners or other functionalities of the Site.
2.2 Making and cancelling reservations
Bookings will only be made on the site with simultaneous payment of the price by credit card.
Depending on the offers or the period of stay, the cancellation conditions are different and should be consulted when booking the accommodation.
The confirmation of the reservation, which includes the essential elements, such as the identification of the Service (s) booked and the price, will be sent to the User by email within a maximum of 1 working day following the reservation date.
2.3 Convocation and collection of travel documents
Travel documents issued for a Service ordered via the Site are sent by electronic mail (email) to the address mentioned by the User when booking, according to the provisions provided for each type of Services accessible on the Site prior to booking or under the Specific Conditions.
If the delivery of travel documents was made impossible by an error by the User in entering his contact details, neither the Partner (s) concerned nor www.deshotelsetdesiles.com can be held responsible.
2.4 Proof
It is expressly agreed that, except for a manifest error on the part of the Partners or Des Hôtels & Des Îles on the part of the Partners or Des Hôtels & Des Îles and/or its Partners as proof of which the User would provide, the data stored in the information system of Des Hôtels & Des Îles and/or its Partners have probative force as to the reservations made by the User. Data on computer or electronic support constitutes valid evidence and as such is admissible under the same conditions and with the same probative force as any document that would be drawn up, received or kept in writing.
2.5 Right of withdrawal
The User is informed that, pursuant to Article L. 221-18 of the Consumer Code, the Services offered on the Site by Des Hôtels & Des Îles on its behalf or on behalf of its Partners are not subject to the application of the right of withdrawal provided for in articles L. 121-20 and following of the Consumer Code in terms of distance selling.
Consequently, the Services booked on the Site are exclusively subject to the cancellation and modification conditions provided for herein and/or in the Specific Conditions of the applicable Partners.
Section 3. Details of the benefits
Hotels & Islands offer Travel Services on the site, in particular tourist packages, plane tickets, the reservation of accommodation services, car rental and travel insurance. Hotel & Island Special Offers are all such Services provided directly to Users by Des Hôtels & Des Îles. For all other Services, Des Hôtels & Des Îles acts in the name and on behalf of various Partners (hotel and/or transport providers, tour operators and travel agents).
The following indicative list is not exhaustive and does not replace the Specific Conditions as they appear in the reservation.
3.1 Air transport services
Air transport services are offered as part of a tourist package.
Travel conditions
The conditions for the execution of air transport are governed by the specific conditions of the airlines or Partners.
It is the responsibility of the User to respect the instructions of the airlines and Partners and in particular with regard to the presentation deadlines for registration. It is recommended to check in at least three hours before the departure time of the plane for international flights and at least two and a half hours in advance for domestic flights.
The name of the airport, when the city served by contract includes several, is given for information purposes only and may be subject to possible changes.
The User's attention is drawn to the need to provide a sufficiently large period of time taking into account possible delays in the event of a reservation on the Site of a trip including a connection or a transit, in particular when the latter includes a change of airport.
Children under 2 years of age do not have a seat on the plane unless parents ask to pay for an entire seat especially for them. The User's attention is drawn to the fact that this provision is only valid under the condition that the children are under 2 years of age for the entire duration of the trip, on the date of departure and on the date of return. Indeed, airlines consider that children over the age of 2 on the date of return must take a return ticket at the child rate. Expenses incurred as a result of non-compliance with this rule cannot be reimbursed.
Unaccompanied children under the age of 15 are refused.
Children aged 15 or over must be in possession of identity papers in their name.
Formalities
The formalities mentioned on the Site are intended for nationals of France, Belgium, Luxembourg and Switzerland.
If the User is not a national of one of these 4 countries, it is his responsibility to inquire personally and under his sole responsibility about the formalities applicable to his situation.
Between the publication of information on the Site and the date of the User's departure, some changes may occur. We therefore advise the User to consult the Site just before leaving.
The User is informed on the Site of the administrative and/or health formalities necessary for the execution of the trip. It is up to the User to take note of it. The completion and costs resulting from these police, customs and health formalities required for your trip, such as in particular passport, national identity card, residence card, parental authorization, visa, medical certificate, and vaccination record are the responsibility of the User.
We draw your attention to the fact that the regulations of some countries require passports to be valid for more than 6 months following the date of return. In addition, children aged 15 or over must be in possession of identity papers in their name.
If, in particular, as a result of non-compliance with these administrative and health formalities, the User was unable to leave on the date indicated, the price paid could in no way be reimbursed.
In the event of loss or theft of a ticket, the User must make a specific declaration to the police and the airline and acquire another ticket from the Issuing Partner, only the Specific Conditions of the Partner concerned being able to provide for a refund.
Liability of air carriers
It is recalled that the liability of air carriers is most often limited by the national or international law applicable to them, or by their own Specific Conditions. In the case of air transport, an extract of these conditions is given to the User along with his ticket.
Electronic ticket
An electronic ticket is a non-materialized ticket. In the event of booking such a ticket, the User must go to the check-in counter of the airline concerned, with valid travel documents (passport, visa, identity card, etc.), in order to obtain his boarding pass. The User must therefore respect the deadlines set for registering.
3.2 Accommodation and stay services
These Services are offered either as accommodation services alone, or as part of a tourist package.
Length of trip
The day of departure and the day of return from the trip are included in the length of stay. The first and/or last night may be shortened by a late arrival, an early departure or an overnight flight.
Ownership of rooms
It is recalled that, in most cases, rooms are only available from 15:00 and that they must be vacated before 12:00, regardless of the arrival or departure time of the means of transport used.
Single rooms generally include one single bed or two single beds. These rooms are often subject to an additional charge. Double rooms are provided, either with two beds or with a double bed.
Classification
The indication of the level of comfort attributed to the hotels appearing in the description available on the Site corresponds to a classification established with reference to local standards in the host country, and which may therefore differ from French standards; It is provided for information purposes only. In exceptional cases, another hotel in the same category offering equivalent services may be replaced by the hotel initially booked.
activities
It may also happen that certain activities proposed by the Partners and indicated in the description appearing on the Site, are deleted in particular for climatic reasons, in the event of force majeure, of a stay outside the tourist season, or when the number of participants required to carry out the activity is not reached.
The cancellation of any activity for a case of force majeure cannot in any case result in any compensation for the benefit of the User.
Regarding the circuits, the order of visiting the sites is given for information purposes only and may be modified by the Partners.
Meal
When meals are included in the tourist package, their number depends on the number of nights spent. Full board includes breakfast, lunch, and dinner. Half board includes breakfast and either lunch or dinner depending on the packages. Full board and half board start with the meal before the first night and end with breakfast following the last night of accommodation.
It is recalled that, unless otherwise stated in the description of tourist packages on the Site, drinks are not included in meals and are the responsibility of the User. In the absence of drinking water, the expenses for the purchase of bottles of water are the sole responsibility of the User.
Parents are invited to take the food suitable for their baby with them, which they will not always find on site.
3.3 Car Rental Services
The provision of vehicle rental services is governed by the specific conditions of the Partners.
Payment terms
When taking possession of the vehicle, the main driver must show up with his bank card.
In addition, a pre-authorization request corresponding to the security deposit is made by the Partner to the User's bank. The User must therefore contact his bank to find out his spending limit, on which this pre-authorization is charged.
If the User does not respect the rules set out above, the Partner will not hand over the vehicle to him.
The User must check the Partner's Specific Terms and Conditions for the bank cards that are accepted by the Partner, as some cards such as Electron cards are not accepted.
Additional costs
For vehicle rentals made in certain countries, some Partners automatically charge a full tank of gas when the vehicle is returned, if this tank has not been filled up beforehand by the user before returning the vehicle.
The User has the obligation to return the vehicle to the same branch where he took possession of him; otherwise, the Partners charge additional fees called “Abandonment Fees”.
3.4 On-site activities
The reservation of “On-site Activities” services alone is governed by the Partners' Specific Conditions.
These services are neither transferable, nor modifiable, nor refundable
prix
The descriptions of the Services presented on the Site specify which, in the “On-site Activities”, are included in the price mentioned. Prices are indicated in Euros and are generally understood to include all taxes, unless otherwise stated on the Site.
Section 4. prix
The descriptions of the trips presented on the Site specify, for each trip, the services included in the price. Prices are indicated in Euros and include all taxes, unless otherwise stated on the Site.
It is recalled that certain additional taxes (tourist tax, tourist tax, or visa) may be imposed by the local authorities of certain states and are to be paid on site. These additional taxes, when they exist, are the responsibility of the User. The prices communicated are only valid for a fixed period of time. All reservations are payable in the hotel's local currency.
The prices of tourist packages are calculated according to the number of nights and not the number of full days.
In general, and unless expressly stated otherwise, prices, insurance, airport services, airport services, excess baggage fees, transfers from the airport to the place of accommodation, visa fees, vaccination fees, and all personal expenses (laundry, telephone, drinks, drinks, room service, tips,...) are not included in prices, insurance, airport services, airport services, airport services, tips,...) as well as excursions and the use of sports facilities, and more generally any non-service. mentioned on the Site.
Section 5. Photos and illustrations
The best efforts are made to provide photos and illustrations giving the User an overview of the Services offered. The purpose of these photos and illustrations is to indicate to the User the category of accommodation or the degree of comfort. The photographs presented on the Site are not contractual. Variations may occur, in particular due to the change of furniture or possible renovations. The Customer cannot claim any claim as a result.
Section 6. Insurances
No insurance is included in the prices offered on the Site. Therefore, it is recommended that the User take out an insurance contract covering the consequences of certain cases of cancellation and an assistance contract covering certain specific risks, in particular repatriation costs in the event of an accident or illness.
To this end, Users are offered various insurance policy formulas, subscribed to by ASSUREVER — TSA 72218 18039 BOURGES CEDEX.
The risks covered by these policies, as well as their cost and the amount of guarantees are indicated on the Site for information purposes only. In case of taking out an insurance contract, the insurance policy will be given to the User.
Claims are filed, in accordance with the terms of the insurance contract, directly with the insurance company.
Section 7. User service and complaints
7.1 User service
The User may contact Des Hôtels & Des Îles during the process of booking Services to obtain assistance, information and details on the purpose and conditions of the reservation he makes:
— or by telephone under the number: 00 (33) 01 01 42 56 46 98,
— or by email: info@deshotelsetdesiles.com
The personal data communicated by the User to Des Hôtels & Des Îles is intended for Des Hôtels & Des Îles and its subcontractors established in or outside the European Union for the purposes of processing the User's request by the services of Des Hôtels & Des Îles and, unless the User objects to Des Hôtels & Des Îles, unless the User objects to Des Hôtels & Des Îles to inform him of the products and services of the Des Hôtels & Des Îles group. In this respect, Des Hôtels & Des Îles is likely, as a member of the Des Hôtels & Des Îles group, to send the User information allowing him to better know and use his Site, to allow him to benefit from the promotional offers published on this Site and to offer him offers from its Partners. Where applicable, offers from Des Hôtels & Des Îles Partners may only be sent to the User by SMS or email subject to their prior consent, in accordance with the provisions of Law 2004-575 of 21 June 2004 “for confidence in the digital economy”, of law 78-17 “Informatique et Libertés”, of law 78-17 “Informatique et Libertés” amended by law 2004-801 of 6 August 2004, and in accordance with the Des Hôtels & Des Îles Privacy Policy appearing on the Site..
In accordance with the amended Data Protection Act of January 6, 1978, the User has the right to access, modify, rectify and delete data concerning him at any time. He can exercise this right by sending an email from the “Contact” section of the Site or by sending a letter to Des Hôtels & Des Îles: 120 Rue de la Boétie — 75008 Paris, subject to justifying his identity.
7.2 Complaints service
Any request for information, details and possible complaints must be sent to Des Hôtels & Des Îles, which collects it in the name and on behalf of the Partners, within 30 days following the end of the stay:
- Or by registered letter with acknowledgement of receipt to Des Hôtels & Des Îles: 120 Rue La Boétie — 75008 Paris — France
- Or by email to the following address: info@deshotelsetdesiles.com
Complaints will only be accepted insofar as the difficulties they are the subject of have been reported to Des Hôtels & Des Îles or to the Partner during the trip so that an attempt can be made to remedy them so as to limit the damage suffered by the User.
No claim will be accepted for loss (s), damage (s) or theft (s) of luggage, clothing or personal objects placed under the supervision of the User during the duration of the stay, unless proven fault by Des Hôtels & Des Îles or its Partners. Baggage checked with an airline is only insured for the duration of transport.
Section 8. Responsibilities and guarantees concerning the use of the site
No guarantee is given to the User with respect to:
- The absence of anomalies, errors and bugs that may affect navigation on the Site or the implementation of any functionality offered on the Site; or
- The possibility of correcting these anomalies, errors, or bugs; or
- The absence of interruption or failure in the operation of the Site; or
- The possible compatibility of the Site with a particular hardware or configuration.
Under no circumstances will Des Hôtels & Des Îles be liable for direct or indirect and/or intangible, foreseeable or unpredictable damages (including loss of profits or opportunity...) arising from the provision and/or use or the total or partial impossibility of using the functionalities of the Site.
The sole purpose of the hypertext links on the Site to refer the User to other Internet sites is to facilitate the User's searches.
In any event, the User declares to know the characteristics and limitations of the Internet, in particular its technical performance, the response times for consulting, querying or transferring data and the risks associated with the security of communications.
Section 9. Intellectual property
9.1. Generalities
The Site, its content and all the elements constituting it, are creations for which companies of the Des Hôtels & Des Îles group and/or, where applicable, Partners, hold all intellectual property rights and/or exploitation rights, in particular under copyright, database law, database law, trademark law, and design law.
The Site, as well as the software, databases, texts, information, information, analyses, analyses, images, photographs, photographs, graphics, logos, sounds or any other data contained on the Site remain the exclusive property of companies of the Des Hôtels & Des Îles group and/or Partners and/or Partners and/or, where applicable, of their respective owners or, where applicable, of their respective owners with whom the latter have entered into use agreements.
The User is granted a non-exclusive, non-transferable and private right to use the Site and the data contained on the Site. The right thus granted consists of (i) a right to consult online the data and information contained on the Site and (ii) a right of reproduction consisting in printing and/or saving the data and information consulted. This right of use is for strictly private use only.
Any other use of the Site, in particular commercial, by the User is prohibited. In particular, the User is prohibited, but not exclusively, from reproducing and/or representing for a use other than private, selling, distributing, transmitting, translating, adapting, distributing and communicating in whole or in part in any form whatsoever any element, information or data of the Site in any form whatsoever.
In addition, the User is prohibited from entering, by any means whatsoever, data that may modify or affect the content or presentation of the Site.
Any hypertext link to the Site, regardless of the type of link, must be the subject of prior authorization from Expedia, acting in the name and on behalf of the owner of the right concerned, on paper or electronic media.
9.2. Software
The use of any software downloaded from the Site allowing access to certain Services or functionalities is governed by the terms of the accompanying license. The User undertakes not to install, copy or use this software before having previously agreed to the terms of this license.
For any software not accompanied by a license, the User is granted a temporary, private, personal, non-transferable and non-exclusive right to use this software in order to be able, to the exclusion of any other use, to access the Services and functionalities that make the use of this software necessary. By installing or using the software, the User undertakes to respect this condition.
Section 10. Personal data protection
The information communicated by the User on the Site makes it possible to process and execute his reservations.
The Confidentiality Charter available on the Site sets out all the provisions relating to the protection of personal data. In the event of a contradiction between these Terms and Conditions and the Privacy Policy, the latter will prevail.
In accordance with article 32 of the Data Protection Act of January 6, 1978 amended by law 2004-801 of August 6, 2004, the information essential to process and fulfill reservations is indicated by an asterisk in the pages of the Site.
To find out more about the processing of your data and all of your rights concerning your personal data, please consult our privacy policy.
To exercise these rights, please contact the personal data protection officer Des Hôtels & Des Îles either by post, at 120, rue La Boétie in Paris 75008 — France, or by email at the address: dpo@deshotelsetdesiles.com
Other requests for information requiring an optional response, or information relating to the User's interest in the offers that may be sent to him are intended to get to know him better and to improve the services offered to him.
Unless the User objects, Des Hôtels & Des Îles may be required to communicate this optional information concerning the User to companies in its group, including outside the European Union and particularly in the United States. The User expressly consents to this transfer.
Des Hôtels & Des Îles may send the User by any means (electronic, paper, SMS, etc.) information allowing him to better know and use their respective sites, to allow him to benefit from the promotional offers published on these sites and to offer him offers from their Partners, in strict compliance with the provisions of the law “for confidence in the digital economy” and the law “Informatique et Libertés” amended, subject to prior consent. or the User's opposition, according to cases referred to in the Privacy Policy appearing on the Site.
In addition, Des Hôtels & Des Îles transmits to its insurer information relating to the User's reservation. This transmission allows Des Hôtels & Des Îles to fight against bank card fraud.
The occurrence of an unpaid amount due to the fraudulent use of a bank card will result in the registration of the contact details relating to the reservation of the User who is at the origin of this unpaid within a payment incident file implemented by the insurer and placed under its responsibility.
In accordance with the amended Data Protection Act of January 6, 1978, the User has the right to access, modify, rectify and delete data concerning him at any time. He can exercise this right by sending an email from the “Contact” section of the Site or by sending a letter to Des Hôtels & Des Îles — 120 Rue de la Boétie — 75008 Paris — 75008 Paris subject to justifying his identity.
Section 11. Applicable law
The binding contract www.toubana.com And the The binding contract www.creolebeach.com and the User under French law is expressly subject to French law.
Any dispute relating to its interpretation and/or execution falls under the jurisdiction of the French courts.
You can also contact the Tourism and Travel Ombudsman on https://www.mtv.travel/saisir-le-mediateur/ or by mail to:
MTV — MEDIATION TOURISM TRAVEL
Referral Submission Service
CS 30958
75383
PARIS CEDEX 08
Section 12. Reproduction of articles R. 211-5 to R. 211-13 of the Tourism Code
Art. R. 211-5. — Subject to the exclusions provided for in the second paragraph (a and b) of article L. 211-8, any offer and sale of travel or vacation services give rise to the delivery of appropriate documents that meet the rules defined by this title. In the event of the sale of air tickets or tickets on a regular line not accompanied by services related to such transport, the seller delivers to the buyer one or more passenger tickets for the entire trip issued by the carrier or under his responsibility. In the case of transport on 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 the same tourist package does not exempt the seller from the obligations imposed on him by this title.
Art. R. 211-6. — Prior to the conclusion of the contract and on the basis of a written medium, including his company name, address and the indication of his administrative authorization to exercise, the seller must provide the consumer with information on prices, dates and other components of the services provided during the trip or stay such as: 1) The destination, the means, the characteristics and the categories of transport used; 2) The mode of accommodation used; 2) The mode of accommodation, its location, its level of comfort and its main characteristics, its certification and its tourist classification corresponding to the regulations or practices of the host country; 3) The meals provided; 4) The description of the itinerary when it is a circuit; 5) The administrative and health formalities to be completed in the event, in particular, of crossing borders as well as their deadlines; 6) The visits, excursions and other services included in the package or possibly available at an additional cost; 7) The size minimum or maximum 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 informing the consumer in the event of cancellation of the trip or stay; this date cannot be set less than twenty-one days before departure; 8) 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; 9) The terms and conditions revision of prices as provided for in the contract pursuant to article R. 211-10; 10) The contractual cancellation conditions; 11) The cancellation conditions defined in articles R. 211-11, R. 211-12 and R. 211-13; 12) Details concerning the risks covered and the amount of guarantees taken out under the insurance contract covering the consequences of the professional civil liability of travel agencies and the civil liability of non-profit associations and organizations and local tourism organizations; 13) Information concerning the optional subscription of an insurance contract covering consequences of certain cases of cancellation or of an assistance contract covering certain specific risks, in particular repatriation costs in the event of an accident or illness.
Art. R. 211-7. — Prior information provided to the consumer binds the seller, unless in it the seller has expressly reserved the right to modify certain elements. In this case, the seller must clearly indicate to what extent this modification may occur and on which elements. In any case, changes to the prior information must be communicated in writing to the consumer before the conclusion of the contract.
Art. R. 211-8. — The contract concluded between the seller and the buyer must be written, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. It must include the following clauses: 1) The name and address of the seller, his guarantor and his insurer as well as the name and address of the organizer; 2) The destination or destinations of the trip and, in the case of a split stay, the various periods and their dates; 3) The means, characteristics and categories of transport used, the dates, times and places of departure and return; 4) The mode of accommodation, his location, its level of comfort and its main characteristics, its tourist classification under regulations or the uses of the host country; 5) The number of meals provided; 6) The itinerary when it comes to a circuit; 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 the indication of any revision of this invoicing as well as the indication of any revision of this billing under the provisions of article R. 211-10; 9) The indication, if applicable, of fees or taxes relating to certain services such as landing, disembarking or boarding taxes at ports and airports, taxes of stay when they are not included in the price of the service (s) provided; 10) The schedule and terms of payment of the price; in any event, the last payment made by the buyer may not be less than 30% of the price of the trip or stay and must be made when the documents allowing the trip or stay are submitted; 11) The Special Conditions requested by the buyer and accepted by the seller; 12) The terms and conditions under which the buyer can file a claim for non-performance with the seller or poor performance of the contract, complaint which must be sent as soon as possible, by registered letter with acknowledgement of receipt to the seller, and reported in writing, possibly, to the tour organizer and the service provider concerned; 13) The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7) of Article R. 211-6; 14) The nature of cancellation conditions contractual; 15) The cancellation conditions provided for in articles R. 211-11, R. 211-11, R. 211-12 and R. 211-13; 16) Details concerning the risks covered and the amount of guarantees 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 the insurer), as well as those concerning the insurance contract assistance covering certain specific risks, in particular the costs of repatriation in the event of an accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded; 18) The deadline for informing the seller in the event of transfer of the contract by the buyer; 19) The commitment to provide, in writing, to the buyer, at least ten days before the scheduled date of departure, the following information: a) The name, address and the telephone number of the local representative of the seller or, failing that, the names, addresses and telephone numbers local organizations likely to help the consumer in case of difficulty, or, failing that, the telephone number to urgently establish contact with the seller; b) For trips and stays of minors abroad, a telephone number and an address allowing direct contact to be established with the child or the person responsible for his stay on site.
Art. R. 211-9. — The buyer may transfer his contract to an assignee who meets the same conditions as him to carry out the trip or the stay, as long as this contract has not produced any effect. Unless otherwise agreed otherwise, the transferor is required to inform the seller of his decision by registered letter with 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. This transfer is not subject, under any circumstances, to prior authorization from the seller.
Art. R. 211-10. — When the contract includes an express possibility of revising the price, within the limits provided for in Article L. 211-13, it must mention the precise methods of calculating, both upward and downward, price variations, and in particular the amount of transport costs and related taxes, 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, the price of the currency (s) used as a reference when establishing the price shown in the contract.
Art. R. 211-11. — When, before the departure of the buyer, the seller is forced to make a modification to one of the essential elements of the contract, such as a significant increase in the price, the buyer may, without prejudice to remedies for damages possibly suffered, and after having been informed by the seller by registered letter with acknowledgement of receipt: — either cancel his contract and obtain the immediate reimbursement of the amounts paid without penalty; — or accept the modification or the alternative trip offered by the seller; a An amendment to the contract specifying the changes made is then signed by the parties; any price reduction is deducted from any amounts still 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 departure.
Art. R. 211-12. — In the case provided for in article L. 211-15, when, before the departure of the buyer, when, before the departure of the buyer, the seller must inform the buyer by registered letter with acknowledgement of receipt; the buyer, without prejudice to remedies for any damage suffered, obtains from the seller the immediate reimbursement and without penalty of the amounts paid; the buyer receives, in this case, compensation at least equal to penalty that he would have incurred if the cancellation had occurred on his own initiative on that date. The provisions of this article do not in any way prevent the conclusion of an amicable agreement whose object is the acceptance, by the buyer, of an alternative trip or stay offered by the seller.
Art. R. 211-13. — When, after the departure of the buyer, the seller is unable to provide a preponderant part of the services provided for in the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudice to remedies for damages that may have been suffered: — or offer services in place of the services provided by the buyer, by possibly bearing any additional price and, if the services accepted by the buyer are Of quality lower, the seller must reimburse him, as soon as he returns, the price difference; — or, if he cannot offer any replacement services or if these are refused by the buyer for valid reasons, provide the buyer, without additional price, with transport tickets to ensure his return under conditions that can be considered equivalent to the place of departure or to another place accepted by both parties.
Section 13. Final provisions
The fact that Des Hôtels & Des Îles does not, at a given moment, take advantage of one of the provisions of the General Conditions cannot be interpreted as a renunciation by itself of subsequently relying on one of these provisions.
In the event that one of the provisions of the General Conditions is declared null or void, this provision will be deemed to be unwritten, without affecting the validity of the other provisions, unless the provision declared void or without effect was essential and decisive.
Any case of force majeure suspends the obligations hereunder affected by the case of force majeure and relieves from all liability the party that should have performed the obligation thus affected.