TERMS AND CONDITIONS OF SALE
ARTICLE 1. INTRODUCTORY PROVISIONS
These terms and conditions of sale (hereafter ‘T&Cs’) apply in their entirety from 1st January 2016 to all activities and services organised within Parc Astérix (hereafter referred to as ‘Services’) and sold to consumers by GREVIN ET COMPAGNIE (hereafter the ‘Seller’).
The T&Cs govern the sale of all Services carried out by telephone from the Contact Centre, at the Parc Astérix ticket office, or online on Parc Astérix’s website www.parcasterix.fr (the ‘Website’).
The Seller offers consumers (i) hotel Services in the form of overnight stays in a hotel, (ii) entertainment and leisure Services in the form of tickets (passes, season tickets, packages, combined tickets) and (iii) any other related Service (catering, transport, etc.).
In the context of the T&Cs, the ‘Stay’ refers to a tourist package consisting of at least one overnight stay in the Hôtel des Trois Hiboux or partner hotel, breakfast and a visit to Parc Astérix; the ‘Entry ticket’ refers to a ticket, pass, season ticket or package enabling the consumer to enter the leisure areas of Parc Astérix on a specified day or period of time; the ‘Voucher’ refers to a ticket which can be exchanged against one or more Services organised and sold by the Seller. The purchase of any Services mentioned above implies that the consumer accepts the T&Cs without reserve, notwithstanding any contrary provisions.
It is specified that, pursuant to the provisions of Article L.211-9 of the French Tourism Code, all information appearing in the various communication materials, particularly in brochures and on the Website, may be modified and these modifications will be brought to the attention of the consumer prior to the purchase of any Services.
ARTICLE 2. IDENTIFICATION OF THE SELLER
The Services covered in these T&Cs are organised and sold to consumers by:
GREVIN ET COMPAGNIE, a French public limited company with a share capital of €52,913,012.57,
Headquarters: BP 8 - 60128 Plailly, France,
Contact: Tel: 0826 30 10 40 (€0.15/min); EMAIL: [email protected]
Entertainment licence: No. 1-1094807, 2-1094774 and 3-1094775.
Intracommunity VAT number: FR71334240033
Registered with the Companies Register (Registre des Sociétés et du Commerce) in Compiègne under No. B 334 240 033,
Registered with the Tourism and Travel Operators Register (Registre des Opérateurs de Voyages et de Séjours) under No. IM060100010,
Financial guarantee: ATRADIUS CREDITO Y CAUCION S.A. DE SEGUROS Y REASEGUROS – 159 rue Anatole France – CS 50118 – 92596 LEVALLOIS-PERRET Cedex
Insured by: GREVIN ET COMPAGNIE holds a professional civil responsibility insurance policy No. 86.351.239 with Allianz IARD – 1 Cours Michelet – CS 30051 – 92076 PARIS LA DEFENSE Cedex, France.
ARTICLE 3. SERVICE ORDER
The purchase of Services (hereafter the ‘Order’) takes place:
- at the Seller’s ticket office, BP 8, 60128 Plailly, France on days when Parc Astérix is open,
- by telephone to the Contact Centre, which can be contacted on: 0826 30 10 40 (€0.15/min from a French landline), from 9am-5pm, Monday to Saturday from November to March, 9am to 7pm from April to August and 9am to 6pm in September and October,
- online on the following Website: www.parcasterix.fr.
One consumer cannot reserve more than nineteen (19) Entry tickets per Order, regardless of the way in which the Tickets are purchased.
All Orders must mention the selected Services, the date or period over which they will take place, and the number and age of recipients.
3.1. Telephone orders
For all telephone orders, the consumer must specify, in addition to the obligatory information mentioned above, the address to which the Order should be sent (by post or email) and the name of the purchaser.
After having communicated to the consumer the precontractual information specified in Article L221-5 of the Consumer Code, the Seller will indicate these T&Cs to the purchaser. Once the Consumer has agreed to continue with the Order under the conditions mentioned, the Consumer agrees to remote payment according to the provisions set out in Article 5.
3.2. Online orders
For all online Orders, Consumers are requested to provide their email address and, where applicable, to identify themselves by completing a personal client account form. In line with the provisions of Article 1369-5 of the Civil Code, the Consumer may check the details of their Order and the total price and, where appropriate, correct any errors before confirming the order. Before finalising the Order, the consumer must acknowledge the T&Cs, accept them by checking the relevant box, and continue with payment according to the provisions set out in Article 5.
3.3. Order confirmation
The Order is only firm and definitive when the entire price has been received by the Seller. The Sales Contract is then considered to be concluded. For all Service Orders taken online or remotely, the consumer will receive and email Order confirmation summarising the purchases made, the price applied and the essential characteristics of the Services ordered. The confirmation email includes:
- proof of payment,
- an invoice for the Services ordered,
- the digital Entry ticket(s), and/or Vouchers for passes and stays.
The Order confirmation email received by the Consumer is proof of the entire transaction, pursuant to the provisions of Law No. 2000-230 of 13th March 2000. It is the only valid document in the event of a dispute.
ARTICLE 4. PRICE OF SERVICES
The applicable prices given in the brochures, communication material and on the Seller’s Website are given in euros inclusive of all tax. Generally, and unless there are specific stipulations to the contrary, the following are not included in the price of Services: administrative costs, visitor and local taxes, staff costs and insurance.
4.1. Entry ticket
The price of an Entry ticket includes at least one entry to the leisure area at Parc Astérix for one adult or one child (aged between 3 and 11 inclusive) at the date or for the period of validity indicated on the Entry ticket. Children under the age of three (3) enter Parc Astérix free of charge.
4.2. Overnight stay
The price of an overnight stay includes at least:
- accommodation, as mentioned in the Order,
- Entry tickets to the Parc Astérix leisure area, which, unless otherwise specified, are valid only for the duration of the Stay mentioned in the Order and during Parc Astérix’s opening hours.
ARTICLE 5. PAYMENT METHODS
For all Service Orders, the entire price must be paid in a single instalment and in euros at the time it is placed. Payment may be made by bank card, cheque or cash for all Orders at the ticket office. Payment in cash by a consumer who is a tax resident in France is restricted to €1,000 per Order, pursuant to the provisions of Articles L112-6 and D.112-3 of the Monetary and Financial Code. Exceptionally, and subject to availability of rooms, the Order price for one or more overnight Stays may be paid by cheque, vacation vouchers or bank transfer within 72 hours after the reservation has been made. In this case, the Order only becomes definitive upon receipt of payment.
5.1. Bank card
Notwithstanding contrary indications when the Order is placed, only bank cards from CARTE BLEUE/VISA, EUROCARD/MASTERCARD and AMEX will be accepted for remote Orders. The Consumer’s bank account will be debited by the price of the Order as soon as it is finalised. For all Orders at the ticket office, proof of payment is issued immediately to the consumer after payment. For all online Orders, receipt of payment can be automatically consulted by the Consumer at the end of the Order, on the confirmation page and on the customer’s client account created on the Seller’s Website. For all remote Orders, the consumer will receive receipt of payment by email if they have an email address or by post within eight (8) days after payment of the Order.
Cheques will only be accepted if they are drawn on an open bank account in France and made out in the Seller’s name. In order to opt for this mode of payment, Consumers must present a valid piece of ID for all Orders placed at the ticket desk and, for all remote Orders for overnight Stays, provide a cheque with a photocopy of their valid piece of ID, within 72 hours of the reservation being made.
5.3. Securing payments
Electronic payments made by phone to the Contact Centre or online at the Seller’s Website are secured using an encryption procedure which guarantees the confidentiality and security of data.
ARTICLE 6. RECEIVING ENTRY TICKETS AND VOUCHERS
The Entry Tickets are issued to the consumers in the form of a thermal or digital ticket (e-ticket) or in the form of a Voucher in the case of passes, packages and season tickets.
Tickets for Stays are provided to the Consumer in the form of one or more Vouchers. For all Orders made at the ticket office, the Consumer will immediately receive their thermal Entry ticket and Voucher for Stays. For all remote or online Orders, Entry tickets and Vouchers will be sent to the Consumer by email immediately after payment.
For all remote or online Orders made more than ten (10) days before the Service and only when the Consumer has opted for postal delivery, the Entry tickets and Vouchers will be sent by post within eight (8) days of payment.
ARTICLE 7. CHECKING ENTRY TICKETS AND VOUCHERS
7.1. Entry tickets
An Entry ticket is only valid for the date or dates mentioned. An undated Entry ticket does not guarantee access to the park if it is very busy. Entry tickets are checked upon entry to Parc Astérix using barcode readers. As such, the Seller also reserves the right to check the identity of Consumers holding Entry tickets.
Consumers holding a digital Entry ticket (e-ticket) may directly access the Service ordered. The digital Entry ticket (e-ticket) is only valid if it is printed on white blank paper on both sides, or if it is displayed on a smartphone.
The consumer alone is responsible for the use made of his or her Entry tickets. Damaged Entry tickets (thermal or digital), whose barcode is illegible or which has already been read will be considered as invalid.
The Voucher is usually issued on a named basis and is only valid for the appointed person(s).
Any Consumer holding a Voucher must present it at the place indicated when the Order was confirmed, along with a valid piece of photo ID, in order to exchange it against a definitive Entry ticket or to directly access the Service ordered.
ARTICLE 8. NO RIGHT OF WITHDRAWAL
For remote purchase (by internet or phone) of an Entry Ticket which is not dated or valid for a specific period (e.g. Season Ticket), consumers benefit, in line with Article L 221-18 of the French Consumer Code and the retranscription into French law of the European Directive 2001/83/EU, from a fourteen (14) day “cooling off” period, starting from receipt of email confirmation of the order. To cancel their purchase, consumers must notify their decision to cancel, prior to the expiry of the stated period, in an unequivocal statement using the cancellation form which can be downloaded by CLICKING HERE, and which is also available on www.parcasterix.fr or from the following address: GREVIN ET COMPAGNIE, BP 8 - 60128 Plailly, France.
Notwithstanding the preceding provisions and in line with the provisions of Article L.221-28 of the French Consumer Code, the right to cancel does not apply to the remote purchase of services relating to ‘accommodation, transport, catering and leisure’ ordered in the form of a package or separately, for a specific date or period of validity. Consequently, the consumer does not benefit from a cooling off period for Orders for Overnight Stays or dated Entry Tickets.
ARTICLE 9. EXCHANGE AND CANCELLATION
9.1. By the Consumer
The Entry tickets and related services cannot be refunded, exchanged or modified.
Modifications to Stays can be carried out by the Seller subject to the availability of rooms and in line with the conditions set out below. Special offers which are advertised on the day of requesting a modification to a Stay are only applicable to new Orders, excluding those resulting from modifications to existing Orders.
It is also specified that some special offers for Stays may be subject to specific cancellation conditions which are an exception to this Article. The consumer is asked to consult the conditions for each special offer as well as the conditions for cancellation and modification.
All requests to modify a Stay must be sent in writing to the Contact Centre at the following address: Parc Astérix – Centre de Contacts – BP 8, 60128 Plailly, France. When the request for a modification to the Stay includes a change to the date, number of people or Services and takes place more than thirty (30) days before the date of the Stay, no additional fees will be charged to the Consumer.
When the same request for a modification takes place less than thirty (30) days before the start of the Stay, a fixed fee corresponding to 15% of the total amount of the Stay will be applied to cover administrative costs and will be immediately charged to the Consumer. The modification only comes into effect when the administrative fees for making the modification have been received.
Consumers should address any requests for cancellation of a Stay in writing to the Contact Centre at the following address: Parc Astérix, Centre de Contacts, BP 8 - 60128 Plailly, France. No Orders can be cancelled on the Website. Requests for the cancellation of an entire Stay will lead to immediate payment of the following costs applicable to the total amount of the Stay which has been cancelled:
Date of request for cancellation
Amount in %
More than 30 days before the date of the Stay
Between 30 and 15 days before the date of the Stay
Less than 15 days before the date of the Stay
9.1.3. Services which are not used or are interrupted
Any Stay which is interrupted or any Service which is not used by the Consumer for a reason not attributable to the Seller, will give rise to no refund, with the exception of cases set out in Article L211-16 of the French Tourism Code.
9.2. By the Seller
If the Seller is required to cancel or modify an essential element of one of the Services ordered by the Consumer, the Consumer has the right to refuse the proposed modification and to obtain a refund of the full price of the Services ordered. In all cases, for any cancellation of modification of the Stay, the provisions of Articles R211-9, R211-10, R211-11 of the French Tourism Code reproduced hereafter are applicable.
ARTICLE 10. CANCELLATION-INSURANCE
10.1. Conditions for subscription
The Seller reserves the right to establish after the date upon which these T&Cs enter into force, a Stay cancellation insurance and to offer it to Consumers wishing to subscribe to it. The subscription methods as well as the guarantees covered by the insurance will be communicated to Consumers prior to any subscription.
10.2. Right of renunciation
In the event of implementation of the cancellation insurance set out in Article 10.1 and pursuant to the provisions of Article L.112-2-1 of the Insurance Code, each Consumer who has remotely subscribed to a cancellation insurance policy lasting more than one (1) month, will have a period of fourteen (14) calendar days to renounce it without having to provide a reason nor pay any penalties. In this case, Consumers who have subscribed to a cancellation insurance policy will have fourteen (14) calendar days from the day upon which they took out the insurance to exercise this right. The model letter of renunciation will be made available for download on the Website.
ARTICLE 11. RESPONSIBILITY
The Seller is responsible for the correct execution of the Services ordered under the conditions set out in these T&Cs.
The Seller’s responsibility, which is restricted to an obligation of means in terms of online sales, will not be held liable for any inconvenience or damage resulting from the use of the internet, notably due to a breakdown in service, an external intrusion or the presence of computer viruses and, in general, any other event expressly mentioned by case law in the event of force majeure.
The Seller may not, under any circumstances, be held responsible in the event of loss or theft of Entry tickets, Vouchers or consumers’ personal belongings which are not deposited in the place set aside for this purpose. The Seller alone may determine the conditions for operating and maintaining Parc Astérix, in light of the Seller’s requirements and/or constraints and may alone decide (i) the dates and times which Parc Astérix will open to the public; (ii) the services and attractions which it proposes as well as the conditions for their use; (iii) the prices and sales methods for the Services offered to the public within Parc Astérix; (iv) the maintenance, repair, renovation or restoration schedule of all or part of the equipment; (v) establishing standards and rules particularly in relation to the health and safety of people and goods within Parc Astérix.
The Seller may unilaterally decide to close access to the public, of all or part of Parc Astérix, for as long as is deemed necessary, in particular to carry out work which is required for the security or protection of visitors, or connected with the maintenance, repair or renovation of all or part of Parc Astérix’s equipment or in the event of poor weather conditions or force majeur which requires the Seller to close all or part of Parc Astérix. The Seller’s liability will not, under any circumstances, be engaged in the event of Consumers arriving at Parc Astérix with an Entry ticket, due to decisions taken by the Seller in terms of operating and maintenance conditions.
ARTICLE 12. FORCE MAJEURE
The Seller’s obligations are automatically suspended without liability being invoked, in the event of non-performance connected to an event of force majeure or unforeseen circumstances such as (this list is non-exhaustive): poor weather, flooding, fire, epidemics, attacks, impossibility of access, decisions taken by the authorities, strike or lockout at the Seller’s premises. The Seller will inform the Consumer of the occurrence of such an event by any means possible. In this case, the Seller may offer the Consumer another date for the Services ordered which are affected by the force majeure.
ARTICLE 13. PROOF, CONSERVATION AND ARCHIVING
Pursuant to Article L.213-1 of the Consumer Code, for any Orders made online on the Seller’s Website with a value of €120 euros or more, the Seller will retain written proof of the Order by the Consumer for a period of ten years from the date of delivery of the Order and will guarantee the Consumer access to it at any time over this period.
ARTICLE 14. COMPLAINTS
Any complaints relating to the reservation of Services or their execution must be addressed to the Service de Réclamation du Vendeur (Parc Astérix, Centre de Contacts, BP 8 - 60128 Plailly, France) by recorded delivery with proof of receipt within twenty (20) days of the provision of the Service, accompanied by any evidence (Entry tickets, Vouchers) issued to the Consumer as part of the Order. For all Orders placed online, complaints may also be made on the Seller’s Website (under ‘Contact’). Any Consumer who feels they have not received a satisfactory response to their complaint within sixty (60) days of receipt by the Seller’s Complaints Department, may use the free mediation procedure provided by the Tourism and Travel Mediator under the conditions set out on the site www.mtv.travel and within a maximum timeframe of one year from the moment at which the written complaint was received by the Seller.
ARTICLE 15. INTELLECTUAL PROPERTY RIGHTS
The Seller’s Website is covered by French copyright and intellectual property law. Any total or partial reproduction of brands, logos or distinctive signs from the Website without the express written permission fo the Seller, is thus prohibited in the sense of Article L 713-2 of the Intellectual Property Code.
ARTICLE 16. PROTECTION OF PERSONAL DATA
As part of these T&Cs, the Seller may collect certain personal information and data from consumers, including but not limited to their full name, telephone number and email address. This data is automatically processed for the purposes of handling Orders and carrying out the Services. Data is collected for the sole use of the Seller and will not be used for other purposes, unless the Consumer has expressly agreed to receive special offers from the Seller and/or their partners by checking the box indicated for this purpose when the Order was placed.
Pursuant to Law No.78-17 of 6 January 1978 relating to technology, files and civil liberties, the processing of nominative information relating to consumers has been the subject of a declaration with the CNIL under No. 1882261 and all Consumers have the right to access, rectify and delete personal data about themselves by contacting: Centre de Contact BP 8 - 60 128 Plailly, France, tel.: 0826 30 10 40 (€0.15/min from a French landline).
ARTICLE 17. DISPUTES
All sales of Services carried out by the Consumer under application of the T&Cs is subject to French law. Pursuant to Article L.213-3 of the Consumer Code, in the event of a disagreement over the validity, interpretation or execution of the T&Cs, the Consumer may make use of a free conventional mediation procedure or any alternative method for resolving disputes. The Consumer is informed of the possibility of using a mediation procedure with the Tourism and Travel Mediator in line with the conditions set out on www.mtv.travel and within a maximum period of one year from receipt of the written complaint by the Seller. Where an amicable resolution cannot be reached, the dispute may be taken by either party to the competent regional French tribunal. The present terms and conditions have been drafted in French and translated into English. In the event of a dispute, the French version shall prevail.
ARTICLE 18. EXTRACTS FROM THE FRENCH TOURISM CODE
Notwithstanding the exceptions set out in the third and fourth paragraphs of Article L. 211-7, any offer for and any sale of travel or holiday packages shall be accompanied by appropriate documents, in compliance with the rules set forth in this section.
In the event of sales of air travel tickets or travel tickets on regular lines that do not include services in connection with such travel, the seller shall provide the buyer with one or more travel tickets for the entire trip, issued by the carrier or under the carrier’s responsibility. In the event of on-demand transport, the name and address of the carrier on behalf of which the tickets are issued shall be stated.
The fact that the various components of a single tourist package are billed separately does not exempt the seller from complying with its obligations under the regulatory provisions of this section.
The exchange of pre-contractual information or the provision of contractual terms and conditions shall be made in writing. This may also be done electronically, in accordance with the validity and procedural requirements specified in Articles 1369-1 to 1369-11 of the French Civil Code. The documents shall state the name or company name and the address of the seller as well as a statement of its registration with the register specified in Article L.141-3 or, if applicable, the name, address and a statement of the registration of the federation or union specified in paragraph two of Article R. 211-2.
Article R 211-4
Prior to concluding the contract, the seller shall provide the consumer with information concerning the price, dates and other components of the services provided in connection with the travel or holiday package, such as:
1. The destination, means of transport used and the features and categories thereof:
2. The type of accommodation, its location, comfort standards and principal features, and its accreditation or tourism rating under the laws and regulations or customary practice in the country where such accommodation is located;
3. Meal services offered;
4. A description of the itinerary in the case of a tour;
5. The administrative and health formalities to be carried out by nationals or citizens of another European Union member State or of a State that is a party to the European Economic Area agreement, in particular if borders will be crossed, and the deadlines for completing such formalities;
6. Visits, excursions and other services included in the price or that may be offered for an additional price;
7. The minimum or maximum size of the group required for the travel or holiday package and, if the travel or holiday package requires a minimum number of participants, the latest date for informing the consumer in the event the travel or holiday package is cancelled, which may not be less than 21 days before departure;
8. The amount or the percentage of the price to be paid as a deposit at the time the contract is entered into, and the schedule for paying the balance;
9. The price revision conditions specified in the contract, in accordance with Article R. 211-8;
10. The cancellation conditions specified in the contract;
11. The cancellation conditions specified in Articles R. 211-9, R. 211-10 and R. 211-11;
12. Information concerning the option to take out an insurance policy covering the consequences of cancellation on certain grounds or a travel insurance policy covering certain specific risks, such as repatriation expenses in the event of accident or illness;
13. If the contract includes air travel, the information concerning each flight segment required by Articles R. 211-15 to R. 211-18.
Article R 211-5
The pre-contractual information provided to the consumer binds the seller, unless in the information document the seller expressly reserves the right to change certain items, in which case, the seller shall clearly state how such changes may be made and on what basis.
In any event, changes made to the pre-contractual information shall be communicated to the consumer before the contract is concluded.
Article R 211-6
The contract concluded between the seller and the buyer must be in writing, executed in two copies, one of which is provided to the buyer, and signed by both parties. If the contract is concluded electronically, the provisions of Articles 1369-1 to 1369-11 of the Civil Code shall be applied. The contract must include the following clauses:
1. The name and address of the seller, its guarantor and its insurer, as well as the name and address of the organiser;
2. The destination or destinations of the trip and, if the holiday includes several locations, the various periods and dates thereof;
3. The means of transport used and the features and categories thereof, and the departure and return dates and places;
4. The type of accommodation, its location, comfort standards and principal features, and its accreditation or tourism rating under the laws and regulations or customary practice in the country where such accommodation is located;
5. Meal services offered;
6. The itinerary in the case of a tour;
7. Visits, excursions or other services included in the total price of the travel or holiday package;
8. The total price of the services billed, as well as a statement regarding possible revisions to the amount billed, in accordance with the provisions of Article R. 211;
9. If applicable, a statement of taxes or fees applied to certain services, such as landing, disembarkation and embarkation fees charged by ports and airports and tourism taxes, if they are not included in the price of the service(s) provided;
10. The schedule and methods for payment of the price. The final payment made by the buyer may not be less than 30% of the price of the travel or holiday package and must be made at the same time that the documents enabling the buyer to travel or go on the holiday are delivered;
11. Any specific terms and conditions requested by the buyer and accepted by the seller;
12. The procedures the buyer must follow to make a claim against the seller for non-performance or inadequate performance of the contract. Such claims shall be sent as soon as possible to the seller, using any means that permits obtaining acknowledgment of receipt, and, if applicable, shall be reported in writing to the travel organiser and the provider of the relevant services;
13. The deadline for informing the buyer in the event the seller cancels a travel or holiday package that requires a minimum number of participants, in accordance with the provisions of Article R. 211-4, paragraph 7;
14. The cancellation conditions specified in the contract;
15. The cancellation conditions specified in Articles R. 211-9, R. 211-10 and R. 211-11;
16. Information concerning the risks covered and the amount of cover provided by the insurance policy taken out covering the consequences of the seller’s professional civil liability;
17. Information concerning the insurance policy taken out by the buyer covering the consequences of cancellation on certain grounds (policy number and name of the insurer), as well as concerning the travel insurance policy covering certain specific risks, such as repatriation expenses in the event of accident or illness. In all cases, the seller shall provide the buyer with a document specifying, at least, the risks covered and excluded;
18. The deadline for informing the seller in the event the buyer assigns the contract;
19. The undertaking to provide the buyer, at least ten days before the scheduled date of departure, with the following information:
a) The name, address and telephone number of the seller’s local representative or, failing this, the names, addresses and telephone numbers of local organisations that may be able to assist the consumer in the event of a difficulty or, failing this, an emergency number for contacting the seller;
b) In the case of travel or holiday packages abroad involving minors, a telephone number and address permitting direct contact with the child or the person on-site in charge of the holiday;
20. The clause providing for termination and reimbursement without penalty of sums paid by the buyer in the event of non-compliance with the information obligation laid down in Article R. 211-4, paragraph 13;
21. The undertaking to provide the buyer with the departure and arrival times, in a timely manner before the start of the trip or holiday package.
Article R 211-7
The buyer may assign his or her contract to an assignee who fulfils the same conditions as the buyer for the travel or holiday package.
Except where a more favourable time is stipulated, the assignor shall inform the seller of his or her decision, using any means that permits obtaining acknowledgement of receipt, no later than seven days before the start of travel. In the case of a cruise, this time limit is extended to 15 days. Such assignment shall in no event require the seller’s prior authorisation.
Article R 211-8
If the contract includes an express price revision clause, within the limits prescribed by Article L. 212-12, the contract shall state the precise methods for calculating price variations, whether an increase or a decrease, in particular, the amount of transport costs and the taxes applicable thereto, the currency or currencies that may have an impact on the price of the travel or holiday package, the portion of the price to which the price variation applies and the exchange rate of the currency or currencies used as a reference in setting the contract price.
Article R 211-9
If before the buyer’s departure the seller must make a change to one of the material terms of the contract, such as a significant price increase, and if the seller does not comply with the obligation to inform prescribed in Article R 211-4, paragraph 13, the buyer, without prejudice to his right to take action to obtain compensation for any loss sustained, and after informing the seller, using any means that permits obtaining acknowledgment of receipt, may:
- Terminate the contract and obtain immediate reimbursement of all sums paid, without penalty; or
- Agree to the change or replacement travel proposed by the seller. In such case, a contractual amendment specifying the changes made shall be signed by the parties. Any decrease in price shall be deducted from any amounts that the buyer may still owe and, if the payment already made by the buyer exceeds the price of the modified services, the overpayment shall be refunded to the buyer before the date of departure.
Article R 211-10
In the cases referred to in Article R. 211-14, if before the buyer’s departure the seller cancels the travel or holiday package, it shall inform the buyer thereof, using any means that permits obtaining acknowledgment of receipt. Without prejudice to the buyer’s right to take action to obtain compensation for any loss sustained, the seller shall immediately reimburse the seller all amounts paid, without penalty. In such case, the buyer shall receive compensation at least equal to the penalty that he would have incurred if he had cancelled on that date.
The provisions of this article shall in no event prevent the conclusion of a settlement agreement pursuant to which the buyer accepts a replacement travel or holiday package offered by the seller.
Article R 211-11
If after the buyer’s departure the seller is unable to provide a significant portion of the services agreed under the contract, which represent an appreciable percentage of the price paid by the buyer, the seller shall immediately take the following measures, without prejudice to the buyer’s right to take action to obtain compensation for any loss sustained:
- Offer replacement services for the services agreed, with the seller bearing any additional costs. If the services accepted by the buyer are inferior in quality, the seller shall, upon the buyer’s return, refund the buyer the difference in price; or
- If the seller is unable to offer any replacement services or if the buyer refuses such replacement services on legitimate grounds, the seller shall provide the buyer, at no additional price, with travel tickets enabling the buyer to return, under conditions deemed equivalent, to the point of departure or to any other place agreed by both parties.
The provisions of this article shall apply in the event of non-compliance with the obligation specified in Article R. 211-4, paragraph 13.