General Selling Terms


Preamble

These General of Selling are a translation of the French version. They are given in an indicative way and DO NOT constitutes a law statement. Please refer to the French version for the legal version.

The present website is property of the [via-Voyages] Company, with a capital of €8.900, registered in the Commerce and Companies Registry of Dijon under the no. 489 719 427, the head office is domiciled in Dijon 21000 19B Avenue Albert Camus, France.

Travel agent number is LI-021-06-001.

Financial guarantee is provided by the Association Professionnelle de Solidarité du Tourisme, 15 avenue Carnot – Paris 75017.

Professional Civil Responsibility of travel agencies insurance: GAN Eurocourtage IARD no. 86.407.542.

The present General Selling Terms are available since October 10th 2006. This edition cancels and replaces the previous ones.

 

Part 1: General Conditions

 

Article 1.1: Offer definition and presentation

1.1.1: Definition

”You” or “the user” refers to every website user who navigates, books and/or buys any service or product provided on the [via-Voyages] website, on the name and on behalf of its services providers.”Service providers” refers to any service provider of services or products of [via-Voyages.com]. The word “service provider” refers to innkeepers, restaurateurs, activities providers, insurance companies, storekeepers.”Service provided” refers to any service provided on this website, notably transport services purchasing, accommodation and catering services, car rental services, activities and tourist packages.”Product” refers to deliverable material goods proposed on the site, notably guidebooks, guides, regional products referring to France.

 

1.1.2: Application fields

The present General Selling Terms, composed of the general conditions, the particular conditions for the selling of services or products, rule the offer and the furniture of services and products.The order of products and services is reserved to the only users having read the General Selling Terms on their integrality and having accepted them without reserve, by ticking the recessed provided box. Without that acknowledgement, continuing the ordering process is technically impossible.Also applies to the offer and the services or products, according to identical modalities as the General Selling Terms, the specific services providers’ conditions.

 

1.1.3: Offer presentation

The description of the provided services and products is the one that [via-Voyages] has knowledge of during the online typing. This information is willing to change or to be modified. However, we do our best to describe the offers in the more precise way possible.

Nevertheless, we notice you that the pictures which appear on the descriptive are only illustrative, not contractual and cannot commit [via-Voyages]’s responsibility.

 

Article 1.2: Offer duration

The services or products offers provided on this website, ruled by the present General Selling Terms, are available, stay online until complete selling out of the available places, and can vary real-time.

Indeed we act as intermediaries between you and our services providers. Thus, we do our best to actualize our offers as soon as we get information concerning them.

 

Article 1.3: Ordering on the website

1.3.1: Capacity – Website use

This website has as a function to assist the user in his/her research of products and services related to travel and tourism in Voyages, to place the appropriate booking orders, and to conclude a transaction which has a link with the services providers. The user must be aged at least 18 years old, be able to juridically contract and use the website in conformity with the General Selling Terms and Conditions. Except in case of cheating, from which he/her must prove, the user is financially responsible of its approaches on the website, notably the using of his/her login and password. It also guarantees the exact character of the personal information provided on the website. A cheating using of the website, or that would go against the present General Conditions and Terms, justifies the refusing for the user, at every moment, the access to the proposed products or to any other website functionality.

This website has as a function to assist the user in his/her research of products and services related to travel and tourism in Voyages, to place the appropriate booking orders, and to conclude a transaction which has a link with the services providers.The user must be aged at least 18 years old, be able to juridically contract and use the website in conformity with the General Selling Terms and Conditions.Except in case of cheating, from which he/her must prove, the user is financially responsible of its approaches on the website, notably the using of his/her login and password. It also guarantees the exact character of the personal information provided on the website.A cheating using of the website, or that would go against the present General Conditions and Terms, justifies the refusing for the user, at every moment, the access to the proposed products or to any other website functionality.

 

Article 1.3.2: Evidence

It is expressly agreed that, except any provable error that you tell us, the information saved on [via-Voyages]’s information system and/or the one of its services providers’ is exact according to the orders you place. The conserved data on an electronic or on information system that are kept by [via-Voyages] are considered as evidences. If they are used as an evidence mean by [via-Voyages] in any procedure, they are receivable, available or opposable, in the same conditions and with the same proving character as every established written document.

 

Article 1.4: Exchange rate

Exchange rates that are likely to appear on the website are calculated based on several public sources and are mentioned in an only indicative purpose, they can vary day by day and as they are not daily verified, the exactitude is not guaranteed. The exploiting of these exchange rates on not individual purposes is forbidden.

 

Article 1.5: Responsibility for the website using

[via-Voyages] does not guarantees that this website does not includes mistakes, bugs, errors, even if they can be corrected or not, that the website can’t work without breakdowns or interruptions, that it compatible with particular settings.

[via-Voyages] is not responsible for the dysfunction imputable to a third software different from those provided on the website, for any type of direct or indirect and/or material or immaterial and/or predicable or unpredictable damages, coming from the using or the total or partial impossibility to use the website. At last, [via-Voyages] cannot be responsible for the content of the websites from which the user sent on which the user is redirected thanks to hyperlinks which only purpose is to help the user’s researches.

You declare to know the characteristics and the limits of the Internet, especially its technical performances, its response time to consult it, ask or transfer data and the risks connected to communication’s security.

 

Article 1.6: Jurisdiction

The general selling conditions and terms are presented to the French law. Every disputation related to their interpretation and/or their execution relieves from the Commerce court of Dijon.

 

Article 1.7: Privacy policy

The website exploited by [via-Voyages] had regularly been declared to the CNIL, under the no. 1198390. The information you give us on the website allows [via-Voyages] and its services providers to manage and execute your orders. According to the article 32 of the Informatics and Liberties Law of January 6th 1978, the information indispensable to [via-Voyages] and its services providers, to manage and execute its orders, are pointed out by an asterisk on the website’s pages.

Other required information, which response is facultative, is meant to know you better and to improve our services, in a secured and private way.

According to Informatics and Liberties Law, you own an opposition, access, modification and rectification right to your personally-concerning information (articles 38 to 40 of the Informatics and Liberties Law of January 1978). You can practice it by addressing to our customer service: 19B, Avenue Albert Camus - 21000 Dijon.

 

Article 1.8: Final notices

The fact that [via-Voyages] does not rule one of the General Selling Terms disposition, cannot means that in the future, [via-Voyages] will not rule that disposition.

In that case of one of these General Selling Terms would be declared as null or with no effect, this disposition would be supposed not-written, with no effect on the others’ dispositions validity, except if the null or with no effect disposition was determining.

Any major case, including an interruption of the telecommunication means, a transporters strike, an hoteliers strike, an air traffic controllers strike, suspends the present obligation affected by a major case and exempts any responsibility from the party who should have executed the affected obligation.

 

Part 2: Specific conditions for the selling of services provided


Article 2.1: Services provided details

[via-Voyages] acts exclusively on the name and behalf services providers for what concerns the offer and services provided.

The object of the present article is to give the provided services’ details on the name and behalf services providers, on an informative purpose for the user.

These details are not thorough and do not replaces the services provider’s specific conditions.

Except contrary law dispositions, this detail cannot be a commitment for [via-Voyages]

 

2.1.1 “Activity” service

The “Activity” services are offered, either on an individual service provided, or on a tourist package.

The “Activity” service is 2 different types: activities services offered at a set date and activities services offered as an open ticket and valid during a given period.

Conditions:

Some activities require a good physical condition and/or some practise. In some cases, documents like a medical certificate or a license will have to be given to the services provider. The documents you have to give according to the activities are written in the service provider’s specific conditions and/or the website activity’s descriptive.

Price:

The prices are given in euros and includes the TVA tax, except contrary mention appearing on the website.

 

2.1.1.1: “Activity” services offered for a given period

When you book an “activity” service, you must give the date when you want to consume this service.

Cancellation:

Any cancellation demand must respect the General Cancellation Conditions of article 2.7.1.

Any service cancellation order is followed by charges according to the following scale.

Up to 30 days prior to holiday start date = 30% of total service cost

15 - 30 days prior to holiday start date - 50% of total service cost

14 -8 days prior to holiday start date - 75% of total service cost

Less than 7 days = 100% of the total’s service amount.

Any written cancellation demand will be followed by a refund in a reasonable amount of time, according to the upwards scale.

The un-presence or the out of date presence on the meeting place is followed by the payment of cancellation charges representing 100% of the service’s total price.

The administrative charges and the insurances are not refundable.

Cancellation coming from the service provider:

It may happen that some activities provided by the services providers and described on the website’s descriptive would be cancelled, especially for climatic reasons, for a major case, for a out-of-tourist-season stay, or for a not sufficient number of participants. In that particular case, the activities’ total price is refund.

 

2.1.1.2: “Activities” services offered sold in an open ticket

Concerning the “Activities” service, the ticket is valid until one year prior to the bargain date. The ticket’s validity duration is on the activity descriptive that appears the website.

After your booking is validated, an exchange voucher is send to you with the service provider’s directions. Then you must contact the service provider to give the exact date and meeting’s location. In that case of a time period is required by the service provider to fix the date, it is noticed on the activity’s description on the website.

Concerning some activities, especially those which depend on the weather, the service provider has the right to change the meeting location and the date.

Cancellation: 

These activities are not sellable, not changeable and not refundable.

The un-presence or the out of date presence on the meeting place is followed by the payment of cancellation charges representing 100% of the service’s total price.

For some activities, in that case of a late cancellation before the fixed date for the service’s execution, the ticket can be considered as consumed. In that case, the time period is noticed on the offer’s description on the website.

Cancellation coming from the service provider:

It may happen that some activities provided by the services providers and described on the website’s descriptive would be cancelled, especially for climatic reasons, for a major case, for a out-of-tourist-season stay, or for a not sufficient number of participants. In that particular case, another date is proposed.

 

Article 2.2: Price/Payment

Subject to a particular notice in the services provider’s specific conditions, the prices of the services appearing on the website are named in euros.

Administrative charges may be required in some cases; if they are applicable, they are mentioned on the service provided description.

Subject to contrary provisions noticed on the specific conditions of the concerned services provider, the payment of the booked services on the website is generally made to [via-Voyages] which receives it on the name and behalf the services providers by Credit Card (Visa, Eurocard, Mastercard) thanks to a secured payment system.

The payment of the service’s amount is also possible by check or by cash by coming to our head office.

Concerning out of package sells, for example hotel nights, activities, restaurants, the payment will be made for the total amount of the service (including insurance and booking fees) during the booking confirmation. 

Concerning tourist packages sales, the payment’s modalities are different according to the departure’s date (more or less than 30 days). More than 30 days before departure, a down payment of 30% of the service price will be debited at the moment of the booking confirmation, as well as administrative charges and insurances. The balance (70% of the service’s amount) will be debited one month before the departure date. Less than 30 days before departure, the totality of the service’s price will be debited during the departure date.

In that case of price change for one of the noticed reasons on the previous paragraph, these variations will be reflected to their proportional part into the price calculation.

 

Article 2.3: Exchange voucher

In that case of a service booking, an exchange voucher would be sent to you by Email and would acknowledge the receipt of the documents by ourselves. Please keep that voucher that you will have to give to the services provider.

This Email also includes your purchase’s bill, the services provider’s directions and all the useful information for the execution of the service.

If exceptionally your order would have crossed the providers’ information about the unavailability of the service, we would contact you immediately to make you a counterproposal. If it does not satisfy you, we would proceed to the immediate refund of your purchase.

 

Article 2.4: Absence of a cancellation right

The rules of e-commerce give a 7-days cancellation delay (article L121-20 of the French Consumption Code).

But according to this particular code, this cancellation right is not applicable to tourist products.

Thus, you don’t own a cancellation right for any tourist service bought at the [via-Voyages] company.

 

Article 2.5: Administrative and sanitary required procedures 

[via-Voyages] will not accept any registration from a non accompanied minor person. As a consequence, [via-Voyages] cannot be responsible of if, despite this interdiction, a non-accompanied minor person would be registered on a trip/vacancy.

The achievement of the required procedures and the following charges are assumed by the customer.

You are responsible to check if the names and first names which appear on the trip documents (booking, transport tickets, exchange vouchers…) are the same as your ID card.

As a consequence, [via-Voyages] cannot be responsible if you do not respect these obligations, especially if they refuse you an embarkation or disembarkation or if they make you pay a fine.

[via-Voyages] does not have to pay the fines and/or the administrative charges resulting from the non-observance of the sanitarian and custom laws.

 

Article 2.6.
2.6.1: General terms of cancellation

Any cancellation demand must be written and sent to [via-Voyages] by recommended delivery letter with acknowledgement of receipt to:

[via-Voyages]

Service Clients

19B, Avenue Albert Camus

21000 DIJON

The cancellation is effective on the date of reception of the recommended delivery letter with acknowledgement of receipt by [via-Voyages].

In that case of a cancellation for any cause, the already engaged exterior charges to the package cannot be refund.

Any disrupted or shortened stay and any non-consumed service for any cause cannot be refund.

Insurance fees and administrative charges cannot be refund.

As soon as you subscribe cancellation insurance policy, we remind you that you have to inform directly your insurance agent in that case of a cancellation or any other damage. You have to inform him on the contract’s delays and conditions that appear on the website.

 

2.6.2: Cancellation scale

Cancellation charges vary according to the services providers who took part to the trip’s realization.

The specific scale to each type of service is stipulated on the above articles: 2.1.1., 2.1.2., 2.1.3., 2.1.4., 2.1.5.

 

2.6.3: Cancellation from the services provider

If the cancellation is imposed by a major case or affecting the travellers’ security, the customer will not be indemnified. The descriptive could mention a minimum number of participants beneath of which the service provider has the right to not execute the service.

In that particular case, [via-Voyages] advises the client by any means necessary at least 21 days before departure. The customer is immediately refund of any paid amount. The customer can ask for damages. In some cases, the service can be kept despite the lack of participants, including an extra price which will be asked to the client. Some activities may also be cancelled because of weather conditions which make the service inapplicable. In some cases, the service provider has the right to postpone the activity to another date. If this proposition would not be convenient, you would be refund of any paid amount (except “activities” services offered with an Open ticket which is available from several months to one year).


Article 2.7: Users services and complaint

Any information demand or complaint must be written and sent to [via-Voyages] by recommended delivery letter with acknowledgement of receipt to:

[via-Voyages]

Service Clients

19B, Avenue Albert Camus

21000 DIJON

Complaints will be admitted only if they are written, signed and sent to the concerned services provider. If you don’t obtain satisfaction, we please you to send us the copy of the document signed by the services provider.

In most cases, the definitive response depends on the response delay of the concerned services provider. 

No complaints or contestation will be accepted by telephone. For any other complaint, a written letter must be written to the concerned service in order for the dossier to be treated.

Communication fees and postal fees are assumed by you.

[via-Voyages] sells individual packages; any inquiry must be done individually (one per order). Any collective complaint or petition will be dismissed.

No complaint will be accepted when it is about lost or stole luggage, clothes or personal items that are under the user’s responsibility during the stay.

 

Article 2.8: Responsibility

[via-Voyages]’s responsibility is defined by article L. 211-17 of the Tourism law. [via-Voyages] will make sure at the services provider’s of the trip and the services success. However, [via-Voyages] cannot be responsible in that case of an hour’s modification, delay, cancellation and any other event attributable to major cases, to your own fact or to another person’s fact to the service providing.

 

Article 2.9: Insurances

Cancellation – Assistance insurance

Subject to contrary notice, no assistance is included on the prices that are offered on the website. Consequently, it is recommended to the user to take out insurance covering certain cases of cancellation, and an assistance contract covering the repatriation fees in that case of accident or illness.

For this using, different insurance formulas, subscribed to ELVIA domiciled at 153, Faubourg Saint-Honoré, Paris 75008, SIRET no. 582 075 438, are proposed to customers.

The risks covered by these insurances, their cost and the guarantees amount are written on the website to an indicative purpose. In that case of an insurance contract subscription, the insurance policy will be given to the customer, directly to the insurance company.

Professional civil responsibility 

[via-Voyages] subscribed to GAN Eurocourtage IARD no. 86.407.542, 4-6 avenue d’Alsace – 92203 La Défense Cedex, a contract covering the consequences of its professional civil responsibility; it mainly covers the corporal, material and immaterial damages resulting from its professional activity.

 

Article 2.10: Tourism law clauses
Reproduction of the articles 95 to 103 of the decree no. 94-490 of June 15th 1994.

Article 96:

Prior to the conclusion of the contract and on the basis of a written copy reflecting the company name, address, and the proper permits, the seller must provide the buyer with the proper information regarding prices, dates and other important information concerning the trip or stay, such as: 

1) destination, means, characteristics, and categories of transportation; 

2) type of lodgings, location, level of comfort and main features, official rating, and tourist rating according to the regulations of the host country; 

3) meals provided; 

4) description of itinerary when involving an organized tour;

5) administrative and hygienic formalities with which to comply especially if crossing a border as well as possible delays which could be encountered at crossing; 

6) any visits, excursions or other services included in the price of the trip or short break or otherwise available for an extra fee;

7) size minimum or maximum of group needed for trip or stay, as well as the deadline for cancellation should the trip be limited to a minimum amount of person in order to take place; this date cannot be any less than 21 days before departure; 

8) amount or percentage of price to be paid as a deposit at the conclusion of the contract, as well as date of payment for balance due; 

9) methods for revising price changes as per Article 100 under the present contract; 

10) conditions of cancellation of contractual nature;

11) conditions of cancellation as defined in ARTICLES 101, 102, and 103 hereunder; 

12) details concerning the risks covered and the sums of guarantees taken out by insurance contract which cover any consequences of the civil professional responsibility of the travel agencies, and the civil responsibility of associations and non-profit organizations and local tourist organizations; 

13) information concerning the option of an added insurance policy covering you in certain instances of cancellation, or assistance contract which covers specific risks such as repatriation on medical grounds.

 

Article 97: 

The preliminary information made available to the consumer binds the sellers unless they have specifically reserved the right to modify certain aspects of their offer. The seller, in this instance, clearly point out how this modification could intervene and which elements it would affect. Whatever the reason, the buyer must be informed in writing of any changes to the preliminary information prior to the conclusion of the contract. 

 

Article 98:

The final contract between the seller and the buyer must be in writing, in duplicate, and signed by both parties so that the buyer can keep a copy. It must also include the following clauses:

1) name and address of seller, its guarantor, and its insurer, as well as the name and address of organizer; 

2) destination(s) of trip, and, in case of a staggered trip, the different periods and their corresponding dates; 

3) means, characteristics and types of transportation used, dates, times and departure and return points; 

4) type of lodgings, location, level of comfort and main features, official rating, and tourist rating according to the regulations of the host country; 

5) number of meals provided; 

6) itinerary when involving an organized tour;

7) Any visits, excursions or other services included in the price of the trip or short break;

8) The overall price for any services provided which are billed, as well as an indication of any possible changes to the final price in accordance with the provisions of Article 100 to follow; 

9/ ) If applicable, necessary indication of any rental charges or taxes relating to particular services such as landing, disembarking, or boarding charges for ports and airports, or any holiday taxes when these are not included in the price or do not make up part of the inclusive services provided;

10) The calendar and payment methods, in every instance, the last payment by the buyer cannot be any less than 30% of the price of the trip or stay, and must be made upon delivery of the appropriate documentation about the trip or stay; 

11) specific terms and conditions set forth by seller and met by buyer;

12) terms according to which the buyer can file a complaint against the seller for breech of contract or inadequate fulfilment of the contract. Complaints should be filed as soon as possible, by registered letter, return receipt requested, as well as be reported in writing to the trip organizer and the group who were responsible for the services concerned; 

13) deadline for information to the consumer in case of cancellation of the trip or stay by the seller due to lack of participants, according to the provisions in paragraph 7 of ARTICLE 96 above; 

14) conditions of cancellation of contractual nature; 

15) conditions of cancellation as defined in ARTICLES 101, 102, and 103 hereunder; 

16) details concerning the risks and the amount of guarantees under the insurance contract covering the civil professional liabilities of the seller; 

17) details concerning the insurance contract covering certain cases of cancellation policies of the buyer (policy number and name of insurer), as well as details concerning certain risks incurred such as cost of repatriation on medical grounds; in such a case, the seller must furnish to all buyers a document underlining at least the covered and uncovered risks;

18) deadline of information for seller should buyer break the terms of the contract;

19) written commitment provided for the buyer to be received at least 10 days prior to the planned departure date, containing the following information: 

a) name, address and telephone number of the salespersons local representative or, at least the name, address and phone numbers of local organisations who can help the consumer in case of difficulty, or a telephone number where seller can be reached in case of an emergency;

b) for trips or stays abroad involving minors, an on-site telephone number and an address should be supplied where direct contact can be made with the child or with the person responsible for that child. 

 

Article 99:

Buyers can transfer their contracts under the same conditions for transferee in order to proceed with the trip or stay as long as there are no problems with the contract. Without stipulation to the assignor the seller must be informed in writing by registered mail return receipt requested, at the latest seven days prior to departure. In case of a cruise, this time limit is shortened to fifteen days. This transfer is not in any instance subject to preliminary authorisation by the seller.

 

Article 100:

When the contract comprises possible changes to the price, within the limits foreseen in Article 19 of the aforementioned 13th July 1992 law, the specific terms of calculation for the maximum and minimum variations in price must be mentioned, in particular the cost of transportation and the taxes related to it, the currency or currencies which could influence the price of the trip or stay and affect the price the variation as well as the exchange rate of the currency or currencies applicable when the price is being calculated for the contract.

 

Article101:

When, before the departure of the buyer, the seller is forced to change an essential part of the contract which causes a significant rise in the price, the buyer having been informed in writing by registered mail return receipt requested can either : 

- terminate the contract and obtain an immediate refund without penalty of all moneys deposited; 

- or accept the change or substitute trip offered by the seller; an addendum to the contract specifying the changes is then signed by both parties; any decrease in price will be applied toward the remaining balance owed to the seller, and if the payment which has already been settled by the buyer, exceeds the new revised price, the difference will be reimbursed prior to the departure date. 

 

Article 102:

In the instance foreseen in Article 21 of the aforementioned 13th July 1992 law, should the seller cancel the trip and stay prior to the buyer's departure, the buyer must be informed in writing by registered mail return receipt requested; the buyer, without prejudging the eventual damages, will obtain an immediate refund of the amount paid without penalty; in this case the buyer receives the compensation of an amount at least equal to the penalty which would have been incurred should he have instigated the cancellation. The arrangements of the present ARTICLE do not in any way obstruct the buyer from accepting a substitute trip or stay offered to them by the seller in the case of an amicable agreement. 

 

Article 103:

When, after the departure of the buyer, the seller is unable to fulfil a major part of the services promised in the contract, which represent a non-negotiable percentage of the paid price by the buyer, the salesperson must take the following measures immediately, without prejudging the appeals for damages: 

- either offer benefits as a replacement and, support any eventual price supplement and, if the benefits accepted by the buyer are of an inferior quality, the seller must refund the difference in price upon their return; 

- or, if no replacement service can be offered, or if those offered are refused with good reason by the buyer, without any supplement in price the salesperson should ensure the buyer's return to the departure point or another point accepted by both parties, in a manner judged equivalent to the original travel plan.