ARTICLE 1: SUBJECT
These General Terms and Conditions of Sale (TCS) set out the rights and obligations between the parties (seller and customer) in the context of the sale of Services by the Office de Tourisme et des Congrès de Bordeaux Métropole (hereinafter referred to as “OTCBM”) - the seller -, to the customer, on its informational and sales website accessible at the address https://www.visiter-bordeaux.com/fr (hereinafter referred to as the “Website”).
The Tourist Office offers a range of services, including tours, excursions and leisure activities, allowing visitors to discover the city and the vineyards through guided tours and excursions. It also provides a list of tourism or leisure professionals (hereinafter the Suppliers), for whom it markets selected touristic services and products.
These General Terms and Conditions of Sale (hereinafter the “TCS”) govern any orders and/or bookings placed and paid for online on the Website by the User (hereinafter the “Services”). Are therefore excluded from the scope of these TCS in force any bookings and/or orders for which the Website refers the User to services providers who are partners of the Tourist Office; such services are exclusively supplied and managed by and under the responsibility of said third party partners, pursuant to said third party partners’ applicable contractual conditions.
ARTICLE 2: DEFINITIONS - GENERAL PROVISIONS
In these General Terms and Conditions of Sale and of Use, the terms or expressions below shall have the following meaning:
Seller and/or Tourist Office: “Office du Tourisme & des Congrès de Bordeaux Métropole”, an association registered on the Register of Travel and Holiday Operators under the following number: IM033110011, whose SIRET no. is 78 180 45 54 000 17, whose contact details are as follows: BORDEAUX Cedex (33080), CS 31366, 12 Cours du XXX Juillet ; Email: firstname.lastname@example.org.
and who offers the Services described herein.
Services: all services accessible to the User on the Website, i.e.:
- Travel services relating to transport, accommodation, car rental.
- Travel packages which are a combination of at least 2 different services for trips exceeding 24 hours or including an overnight stay if these services are offered by one single professional under a single contract; or purchased in one single sales point and selected before the traveller accepts to pay; or suggested, sold or invoiced at an all-inclusive price or a total price; or sold under the title “package” (or under a similar title); or combined after the conclusion of a contract by which a professional authorises the traveller to choose among a selection of different types of travel services; or purchased from different professionals when booked online together (dynamic or “just a click away” packages).
- A linked travel service is a combination of at least 2 different services purchased for a trip of at least 24 hours or an overnight stay. It does not constitute a package and is comprised of separate contracts with Suppliers of individual services.
Website: The Tourist Office’s website hosted at the address https://www.visiter-bordeaux.com and which allows users to subscribe to the services set out herein.
Content: all messages, comments or notes generated by a User on the Tourist Office Website.
Customer and/or User: person using the Services offered by the Tourist Office on its Website.
Supplier: service provider listed by the Tourist Office and offering a service to a User.
These General Terms and Conditions of Sale (TCS) shall apply to all Service sales made through the Tourist Office Website. The Seller reserves the right to amend these Terms and Conditions, at any time, by publishing a new version on its Website. The applicable TCS are therefore those in force on the date of payment (or on the date of first payment in case of multiple payments) of the order.
The Customer states that he/she has read all of these General Terms and Conditions of Sale and accepts them without restrictions nor reservations. He/she states that he/she has received the necessary advice and information to ensure that the offer matches his/her needs. He/she states that he/she is legally capable of entering into a contract under French law or that he/she validly represents the natural or legal person on behalf of whom/which he/she is entering into the contract. Unless proved otherwise, the information recorded by the Tourist Office shall constitute proof of all transactions.
ARTICLE 3: INFORMATION OF THE CUSTOMER
Customers acknowledge that they have received all essential information on the Service prior to concluding the contract.
On confirmation of their order, Customers receive an email containing the telephone number or contact details of a contact person enabling them to reach the Tourist Office or the Suppliers:
12, cours du XXX juillet – CS 31366
33080 Bordeaux cedex
Customers are required to report any non-compliance that they may observe during provision of the service within ten days.
Customers may transfer their travel service to another person at most 72 hours prior to the start of the service. To do so, they are required to inform the service provider at the address specified on their ticket.
The Tourist Office has subscribed to insolvency protection with the Professional Association of Tourism Solidarity covering it against default or insolvency of the Service Supplier for which the Tourist Office may be held liable for a maximum amount of 2,000,000 euros: 15 avenue Carnot - 75017 Paris; email@example.com; TEL 01 44 09 25 35.
The Tourist Office has also taken out professional civil liability insurance with SMACL Assurances – 141, avenue S. Allende – 79031 NIORT CEDEX 9 – Insured: 103 106/X – POLICY No / 7013 60001.
ARTICLE 4: PRODUCTS AND SERVICES
The products and services offered for sale and presented on the Website all include a description provided by the Supplier or accessible on the latter’s website via a link on its logo, which details their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code. The photographs illustrating the products are not contractual documents. The terms for participating in each of the services offered by the Tourist Office are provided on the website and are contractually binding, particularly the presence of children which may require the adjustment of modes of transport.
Products and services comply with provisions in force relating to the health and safety of persons, the fairness of commercial transactions and consumer protection at the time they are placed on the market.
They comply with all provisions applicable under French law at the time they are placed on the market.
ARTICLE 5: PRICE, COSTS AND COMMISSIONS
The prices of the services offered on the website are provided in euros including taxes and are precisely indicated on product description pages and on the product order page, excluding any special shipping costs.
Costs relating to transactions are as follows:
. online payment gateway costs of 1.5%,
. online booking costs of 0.2%,
. ticket fees of 10 centimes per ticket sold
The total amount owed by the Customer is specified on the order confirmation page, with the indication “order confirmation”. The sales price of the product is that in force on the day of the order. In case of promotions on prices, the Tourist Office agrees to apply the promotional price to all orders placed during the promotional period.
The Tourist Office reserves the right to change its prices at any time, but guarantees the Customer that it will apply the price in force on the day of the order.
ARTICLE 6: CONCLUSION OF AN ONLINE CONTRACT
The Customer must follow a series of specific steps to place their order on the Website, i.e.:
- Step 1: the User selects the desired Service after having read the essential characteristics of these Services as provided on the Website;
At this time, the Customer will be required to choose the acquired Service. He/she will be provided with the pre-contractual information form, i.e.:
Part A: Information form for travel packages concluded online
Part C: Information form for packages concluded via “Click-through”
Part D: Information form for travel services (other than dry transport) that are not included in a package
Part B: Information form for linked travel services when travel services are purchased on one single visit to the website belonging to the professional selling a service and facilitates the sale of a second service from one of its partners.
Part E: Information form for linked travel services made-up within 24 hours following the purchase of the first service
- Step 2: filling of mandatory fields on the order or booking forms on the Website (failing this, the User’s order or booking request cannot be processed by the Tourist Office) and provisional confirmation of the information entered;
- Step 3: confirmation by the User of the information in the summary displayed on the Website detailing the Service selected, the total price of the Service and the price owed to the Tourist Office as well as the information entered by the User; at this stage, the latter may take note of any errors and correct them according to the terms set out on the Website or change his/her order or booking at his/her convenience or purely and simply abandon said order or booking;
- Step 4: acceptation without reservations of these TCS and acknowledgment of delivery of precontractual information;
- Step 5: final confirmation by the User of his/her order or booking request on the Website after having entered and confirmed the necessary information relating to the online payment method chosen by the User to pay the price owed to the Tourist Office pursuant to the TCS.
The Tourist Office will send the Customer a confirmation email for the order or booking placed by the latter on the Website, in due time prior to the start of the Services ordered or booked and at the latest within 72 hours of receipt of the Customer’s order or booking.
For the proper performance of the order, and pursuant to Article 1316-1 of the Civil Code, the Customer agrees to provide accurate proof of identification. The Tourist Office reserves the right to refuse the order, for example for any abnormal request, for any request carried out in bad faith or for any legitimate reason.
The customer can get a bill for his order by writing request to the email address indicated in the contact section of his ticket.
ARTICLE 7: PROVISION OF THE SERVICE BY THE TOURIST OFFICE
The essential characteristics of the services and their respective prices are provided to the Customer on the Tourist Office’s Website. The Customer states that he/she has received the details of any delivery costs as well as the terms of payment, delivery and performance of the contract. The Tourist Office commits to honouring the Customer’s order subject to available stock alone. Failing this, the Tourist Office shall notify the Customer. Such contractual information is provided in detail and in French. In accordance with French law, a summary of such information and confirmation are provided upon validation of the order.
In accordance with legal provisions on compliance and latent defects, the Tourist Office shall refund or exchange any products that are defective or that do not match the order. Refunds may be requested by directly contacting the email address specified on the e-ticket within 10 days of provision of the service. Failing such, no claims will be accepted by the Tourist Office.
The Tourist Office offers Customers the ability to purchase and book various services, under the conditions set out below.
7.1 Service requests
(a) Rules applicable to orders in general
The Tourist Office commits to processing service requests made by Customers without undue delay and at the latest within 72 h of its sending.
These requests shall be forwarded to Suppliers by the Tourist Office.
(b) Order confirmation by the Tourist Office
An order is recorded on the website when the Customer validates his/her order. The Customer may check the details of his/her order, its total price and can also correct any mistakes before confirming his/her acceptance (Article 1127-2 of the Civil Code). Such confirmation implies acceptance of all these General Terms and Conditions of Sale and is proof of the sales contract.
It is therefore up to the Customer to check the accuracy of the order and to immediately report any mistakes.
This confirmation shall include in particular:
- the order number;
- the type of product or service ordered;
- the quantity of products or services ordered;
- the unit price of the product or service ordered, excluding taxes and including taxes;
- the date and location of provision of the service.
(c) Order acceptance
Orders shall only be final after receipt by the Tourist Office of payment of either the deposit or the total price of the service.
(d) Shortage of stocks or services available from the Supplier
All orders are placed subject to the availability of stocks or services from the Supplier(s).
The Tourist Office cannot be held liable in the event of obstacles caused by a shortage of stock of the products ordered, of unavailability of the services ordered, or of changes to the delivery date provided by the Tourist Office to the Customer.
The Tourist Office commits to use all means at its disposal to propose alternative solutions. These solutions may only be implemented subject to receipt of the Customer’s written agreement.
In the case in which no alternative solution has been found or accepted by the Customer, the order shall be cancelled without any compensation for either party, save for any action taken by the Customer directly against the Supplier.
7.2 Payment of the Services ordered
(a) Products and services shall be invoiced based on the prices specifically indicated in euros and including all taxes, upon confirmation of the order by the Tourist Office,
(b) The Customer shall pay for the service using the online payment service on the Website.
7.3 Provision of the services
The conditions for provision of the product or service ordered shall be fixed upon receipt by the Customer of written confirmation sent by the Tourist Office and provision shall be made according to the arrangements set out by the supplier.
Despite the care taken to strictly comply with the agreed times, the Tourist Office cannot be held liable for any loss or prejudice caused due to late delivery of a product or service.
Non-compliance with the agreed delivery times cannot result in any compensation of any type owed by the Tourist Office.
ARTICLE 8: THE TOURIST OFFICE’S LIABILITY
Within the limits of legislation in force, should the Tourist Office’s liability towards a Customer be decided by the competent court, such liability cannot exceed the total amounts actually paid by the Customer for the services subscribed to.
The Tourist Office’s liability cannot be incurred, in particular in the following cases:
8.1 Due to the Website’s Content
Except in the case in which the Tourist Office has been duly informed of the existence of illegal Content within the meaning of legislation in force and has not taken prompt action to remove such Content, the Tourist Office cannot be held liable for the Content or for the actions or lack of action of Customers, nor for the services that they request.
8.2 Due to disputes arising during a Service
The Tourist Office does not intervene in the Services provided between the Customers benefitting from the services and the Suppliers of said services.
These Services are directly agreed between the benefitting Customer and the Supplier.
The Tourist Office reminds Customers of the rules set out by the Civil Code applicable to the provision of services:
Contracts for the supply of services are contracts by which one of the parties commits to doing something for the other, in return for a price agreed by both parties.
One person may engage his services only for a time, or for a specified undertaking.
The hiring of services made without determination of duration may cease at any time through the will of one of the contracting parties.
Nevertheless, termination of the contract through the will of one only of the contracting parties may give rise to damages.
To fix the compensation to be granted, if any, account shall be taken of usages, of the nature of the services hired, of the time elapsed, of the deductions made and of the payments made in view of a retirement pension, and, in general, of all the circumstances which may establish the existence and determine the extent of the loss caused.
The parties may not renounce in advance the contingent right to claim damages under the above provisions.
The controversies to which the application of the preceding paragraphs may give rise when brought before civil courts and before courts of appeal, shall be prepared for trial as summary proceedings and tried as emergencies.”
The Tourist Office cannot ensure that the Supplier will perform the service.
Except in the case of packages (and of intermediated dry services), the Tourist Office does not have any control over the legality, the quality or the safety of the services, nor over Suppliers’ ability to perform said services. Each service provider is alone responsible for the service that it has sold.
8.3 Due to difficulties in accessing the site
The Tourist Office does not guarantee continuous and secure access to its Services, as the smooth running of the Website may be affected by many factors outside of the Tourist Office’s control. Consequently, within the limits of legislation in force, the Tourist Office excludes any warranties, conditions or other provisions, and cannot be held responsible for any financial loss or damage to reputation, nor for any special losses, whether direct or indirect, arising from or related to the use of its websites and Services.
ARTICLE 9: PAYMENT
Payment is immediately due on placement of the order. The Customer may pay by bank card. Cards issued by banks established outside of France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is provided by our payment service provider. The information provided is encrypted according to applicable rules and cannot be read during transmission via the network.
In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card cannot be revoked. By disclosing his/her bank details for the sale, the Customer authorises the seller to charge the amount matching the specified price to his/her card. The Customer confirms that he/she is the holder of the card to be charged and that he/she is legally authorised to use it. In case of error, or inability to charge the card, the sale will be immediately terminated as of right and the order will be cancelled.
ARTICLE 10: ABSENCE OF A WITHDRAWAL PERIOD
In accordance with Article L. 221-28-12e of the Consumer Code, the right to withdrawal cannot be exercised for “accommodation services, other than residential accommodation services, goods transport services, car rental services, catering services or leisure activity services, which must be provided at a specific date or over a specific period”.
ARTICLE 11: CANCELLATIONS AND REFUNDS
Cancellations attributable to the Tourist Office shall be refunded to the Customer for the total price of the transaction without any penalties. In case of cancellation of the order attributable to the Customer, the latter may receive a refund for the transaction, minus any costs set out in Article 5.
Cancellation and refund requests must be sent by email only to the address indicated on the ticket (contact section). No refunds may be provided at the Tourist Office desk.
However, no refund requests may be accepted by the seller 72 hours prior to the performance of the service.
Lastly, in the event of the sudden occurrence of catastrophes or conflicts, the Customer may cancel his/her trip prior to departure, without penalties, or benefit from accommodation at the Supplier’s costs for up to 3 days whilst awaiting his/her return.
ARTICLE 12: INTELLECTUAL PROPERTY RIGHTS
The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and shall remain the exclusive property of the selling Tourist Office. No transfer of intellectual property rights is made through these TCS. Any total or partial reproduction, change or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 13: EXCEPTIONAL AND UNAVOIDABLE CIRCUMSTANCES
Performance of the Tourist Office’s obligations hereunder shall be suspended in case of the occurrence of exceptional and unavoidable circumstances of a nature to prevent its execution. It shall inform the Customer of the occurrence of such an event as soon as possible.
ARTICLE 14: NULLITY AND AMENDMENTS TO THE CONTRACT
Should one of the provisions of this contract be cancelled, such nullity shall not entail the nullity of the other provisions which shall remain in force between the parties. Contractual amendments shall only be valid after a written agreement has been signed by the parties.
ARTICLE 15: PERSONAL DATA PROTECTION
In accordance with the Data Protection Act of 6 January 1978, the Customer has a right of interrogation, access, modification, opposition and rectification regarding his/her personal data. By agreeing to these General Terms and Conditions of Sale, the Customer consents to the Tourist Office collecting and using such data for the performance of this contract. By entering his/her email address on the Website, the Customer consents to receiving emails containing information and promotional offers relating to the products offered by the Tourist Office. The Customer may unsubscribe from this at any time. To do so, he/she must click on the link provided at the bottom of our emails or contact the data controller at the following address: firstname.lastname@example.org
The information collected through the Website on the forms are recorded in a file computerised by Spread for the purposes of sending the User information relating to Bordeaux Métropole tourist news. Such information is stored for 3 years.
ARTICLE 16: PRE-CONTRACTUAL INFORMATION - ACCEPTANCE OF THE MEMBER
The Customer acknowledges having received communication, prior to placing his/her order and entering into the contract, in a clear and understandable manner, of these TCS and of all the information listed in article L.221-5 of the Consumer Code, and in particular the following information:
- the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
- the price of the Services and associated costs (such as delivery);
- in the absence of immediate performance of the contract, the date or period in which the Supplier undertakes to provide the Services;
- information regarding the identity of the Supplier, its postal address, telephone and email contact information, and activities, if not already apparent from the context;
- information regarding legal and contractual warranties and their terms for implementation;
- the features of digital content and, where applicable, any relevant interoperability;
- the possibility of resorting to conventional mediation in case of disputes;
- information relating to the right to withdraw (existence, conditions, deadline, how to exercise this right and standard withdrawal form), the terms for termination and other important contractual conditions;
- accepted methods of payment.
The fact that a natural (or legal) person places an order on the Tourist Office’s Website implies full adherence to and acceptance of these TCS and an obligation of payment for the Services ordered, which is expressly acknowledged by the Customer; in particular, the latter waives the right to invoke any contradictory document, which would be unenforceable against the Tourist Office.
ARTICLE 17: MEDIATION
These provisions concern Private Members exclusively.
In case of a dispute relating to the General Terms and Conditions, the Customer may resort to a Consumer Ombudsman in accordance with Article L. 612-1 of the French Consumer Code.
After having sent his/her claim to the Tourist Office without response for two months or in case of a negative response, and prior to referring to the competent court, the Customer may refer the matter to the tourism and travel mediation body (https://www.mtv.travel). The Tourism and Travel Mediation body aims to promote the amicable settlement of disputes between consumers and travel or leisure service suppliers having signed the Tourism and Travel Mediation Charter which have not been resolved.
The Tourism and Travel Mediation body is in charge of reconciling the points of view of both parties in order to find an amicable solution and therefore avoid resorting to the courts.
The User can also submit a complaint via the online dispute settlement platform (called the “RLL” platform), accessible via the link below:
In case of failure to appoint a mediator or failure of the mediation process itself, the most diligent party may refer the matter to the competent court pursuant to the terms of the article on “Applicable law” below.
ARTICLE 18: APPLICABLE LAW
All the clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, are governed by French law.
ARTICLE 19: COMPULSORY INDICATIONS - TOURISM CODE
Article R.211-3 Any offer and sale of the services referred to in Article L. 211-1 require the remittance of relevant documents meeting the rules defined in this section.
Article R.211-3-1 The exchange of pre-contractual information or the provision of contractual conditions shall be done in writing. This can be done electronically. The name or business name and address of the organiser or of the retailer and the indication of its registration in the register provided for in Article L. 141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of article R. 211-2 are mentioned.
Article R.211-4 Prior to concluding the contract, the organiser or the retailer must provide the traveller with the following information:
1) The main characteristics of the travel services:
a) The destination(s), itinerary and periods of stay, with the dates and, when accommodation is included, the number of nights included;
b) The means, characteristics and categories of transport, the location, dates and times of departure and return, the duration and location of stopovers and connections. When the exact time is not yet determined, the organiser or the retailer shall inform the traveller of the approximate date of departure and return;
c) The location, main characteristics and, where appropriate, the tourist category of the accommodation according to the rules of the country of destination;
d) The meals provided;
e) The visits, excursions or other services included in the total price agreed in the contract;
f) When context does not make it apparent, whether any travel services are provided to the traveller as a member of a group and, in such case, where possible, the approximate size of the group;
g) When the benefit of other tourist services provided to the traveller relies on effective verbal communication, the language in which these services are provided;
h) Information on whether the trip or stay is, in general terms, suitable for persons with reduced mobility and, at the traveller’s request, detailed information on the suitability of the trip or stay for the traveller’s needs;
2) The name and geographic address of the organiser and of the retailer, as well as their telephone details and, where necessary, their electronic details;
3) The total price including taxes and, where necessary, any expenses, charges or additional costs, or, when these cannot be reasonably calculated prior to concluding the contract, an indication of the type of additional costs that the traveller may incur;
4) The payment terms, including the amount or percentage of the price to be paid as a deposit and the payment schedule for the balance, or the financial guarantees to be paid or provided by the traveller;
5) The minimum number of people required for the trip or stay to take place and the deadline referred to in III of Article L. 211-14 preceding the start of the trip or stay to rescind the contract in the event that this number is not reached;
6) General information on passport and visa requirements, including the approximate waiting time for obtaining a visa, and information on health formalities required for the country of destination;
7) An indication specifying that the traveller may terminate the contract at any time prior to the start of the trip or stay, in exchange for payment of appropriate termination fees or, where necessary, standard termination fees claimed by the organiser or the retailer, in accordance with I of Article L. 211-14;
8) Information on any compulsory or optional insurance providing cover for any contract termination fees incurred by the traveller or information on the cost of assistance, providing cover for repatriation, in the event of accident, illness or death.
Regarding the packages set out in Article L. 211-2, Paragraph II, Subparagraph A), point 2), e), the organiser or the retailer and the professional to whom data is sent ensure that, prior to the traveller being bound by a contract, each of them provides the information listed in this article when such information is relevant to the travel services that they offer.
The form with which the information listed in this article are made known to the traveller is set out by joint order of the Minister of Tourism and the Minister of Economy and Finance. Said order shall set out the minimum information to be provided to the traveller when the contract is concluded by telephone.
Article R.211-5 The information listed in points 1), 3), 4), 5) and 7) of Article R. 211-4 provided to the traveller are part of the contract and may only be modified under the conditions set out in Article L. 211-9.
Article R.211-6 In addition to the information set out in Article R. 211-4, the contract must include the following information:
1) The traveller’s specific requirements that the organiser or the retailer has accepted;
2) An indication specifying that the organiser and the retailer are responsible for the proper performance of all travel services included in the contract in accordance with Article L. 211-16 and that they are required to provide assistance to the traveller should he/she experience any difficulties, in accordance with Article L. 211-17-1;
3) The name of the entity in charge of insolvency protection and its contact details, including its geographical address;
4) The name, address, telephone number, e-mail address and, where applicable, the fax number of the organiser or retailer’s local representative, of a contact point or of another service through which the traveller can quickly contact the organiser or the retailer and effectively communicate with them, request help if the traveller is experiencing difficulties or complain about any non-compliance observed during the trip or stay;
5) An indication specifying that the traveller is required to report any non-compliance observed during the trip or stay in accordance with Paragraph II of Article L. 211-16;
6) When underaged individuals, who are not accompanied by a parent or another authorised individual, travel under a contract including accommodation, information allowing for direct access with the underaged individual or the person in charge of the underaged individual at the place in which the underaged individual is staying;
7) Information on available internal procedures for the processing of complaints and on mechanisms for the extrajudicial settlement of disputes and, where necessary, information on the entity of which the professional is a member and on the platform for online settlement of disputes provided for by Regulation (EU) no. 524/2013 of the European Parliament and of the Council;
8) Information on the traveller’s right to assign the contract to another traveller pursuant to Article L. 211-11.
Regarding the packages set out in Article L. 211-2, Paragraph II, Subparagraph A), point 2), e), the professional to whom data is sent informs the organiser or the retailer of the conclusion of the contract entailing the creation of a package. The professional provides it with the necessary information to enable it to fulfil its obligations as organiser. As soon as the organiser or retailer is informed of the creation of a package, it provides the traveller with the information referred to in points 1) to 8) on a durable medium.
Article R.211-7 The traveller may assign its contract to an assignee who fulfils the same conditions as the former to take the trip or stay, as long as the contract has no effect.
Save for a more favourable stipulation for the assignor, the latter must inform the organiser or the retailer of his/her decision by any means allowing for acknowledgement of receipt at least seven days before the beginning of the trip. This assignment is not subject, under any circumstances, to prior authorization from the organiser or the retailer.
Article R.211-8 If the contract contains an express right to revise prices, within the limits set out in article L.211-12, it must state the precise calculation methods, for both upward and downward price changes, including the costs of transport and related taxes, the currency or currencies that may affect the price of the trip or stay, the portion of the price to which the variation applies, the currency or currencies’ exchange rate used as a reference when setting the price in the contract.
If the price is reduced, the organiser or the retailer may deduct its actual administrative expenses from the refund owed to the traveller. At the traveller’s request, the organiser or the retailer shall provide proof of such administrative expenses.
Article R.211-9 If, prior to the traveller’s departure, the organiser or the retailer are forced to make a change to one of the contract’s essential components, and if it cannot fulfil the specific requirements contained in point 1) of Article R. 211-6, or in the event of an increase in price exceeding 8%, it shall inform the traveller without undue delay, in a clear, comprehensible and apparent manner, on a durable medium:
1) Of the proposed changes and, where necessary, their consequences on the price of the trip or stay;
2) Of the reasonable period within which the traveller must inform the organiser or the retailer of his/her decision;
3) Of the consequences of the traveller’s failure to respond within the period set;
4) Where applicable, of the other service proposed, and its price.
When the changes to the contract or the replacement service entail a decrease in the quality or in the cost of the trip or stay, the traveller is entitled to a suitable price reduction.
If the contract is terminated and the traveller does not accept another service, the organiser or retailer shall refund any payments made by the traveller or on his/her behalf without undue delay and, in any case, at the latest fourteen days after termination of the contract, without prejudice to any compensation pursuant to Article L. 211-17.
Article R.211-10 The organiser or the retailer shall provide any refunds required under Paragraphs II and III of Article L. 211-14 or, pursuant to Paragraph I of Article L. 211-14, shall refund any payments made by the traveller or on his/her behalf minus the appropriate termination fees. These refunds to the traveller shall be provided without undue delay and, in any case, within fourteen days at the latest following termination of the contract.
In the cases provided for in Paragraph III of Article L. 211-14, the additional indemnity that the traveller is likely to receive shall be at least equal to the penalty that he/she would have paid if he/she had cancelled at that date.
Article R.211-11 The assistance owed by the organiser or the retailer pursuant to Article L. 211-17 includes:
1) Providing useful information on health services, local authorities and consular assistance;
2) Assisting the traveller in making long-distance communication and finding other travel services.
The organiser or the retailer is entitled to charge a reasonable price for this assistance if the difficulties experienced are caused intentionally by the traveller or through his/her negligence. Under no circumstances shall the price charged exceed the actual costs incurred by the organiser or the retailer.