General Terms and Conditions of Sale
Excerpt from Decree No. 94-490 of 15 June 1994 taken in application of article 31 of Law No. 92-645 of 13 July 1992, defining performance conditions relative to the organisation and sales for RESPYRENEES.
Art. 95 - Subject to the exclusions stipulated in paragraph 2 (a and b) of article 14 of the law of 13 July 1992 referred to above, all offers and all sales of travel services or stays result in the handing-over of appropriate documents that meet the rules defined by the present chapter. (.In the case of sale of airline transport tickets or of transport tickets on a regular line not accompanied by services linked to these transports, the seller shall issue to the buyer one or more tickets for the totality of the journey issued by the carrier or under its responsibility.
In the case of transport on request, the name and address of the carrier for whose account the tickets are issued must be given.). Separate billing of the various elements of a same travel package does not exempt the seller from the obligations laid down by the present chapter.
Art. 96 - Prior to entering into contract and on the basis of a written support bearing its corporate name, its address and an indication of its administrative authorisation for exercise, the seller shall communicate to the consumer information on prices, dates and other elements constituting the services provided on the occasion of the journey or of the stay such as :
1° The destination, means, characteristics and categories of transport used;
2° The type of accommodation, its location, its level of comfort and its principal characteristics, its approval and its tourist rating corresponding to the regulations or customs of the host country;
3° The meals provided;
4° A description of the itinerary, when a tour is involved;
5° The administrative and sanitary formalities to be carried out, particularly in the event of crossing borders as well as the time limits for carrying them out;
6° Visits, excursions and other services included in the price or that might be available in return for an additional price;
7° The minimum or the maximum size of the group for carrying through with the journey or the stay as well as, if carrying through with the journey or the stay is subordinated to a minimum number of participants, the final date for informing the consumer in the event of cancellation of the journey or of the stay; this date cannot be fixed at less than twenty-one (21) days prior to departure;
8° The amount or the percentage of the price to be paid as down payment at the time of concluding the contract as well as the calendar for payment of the balance;
9° The terms for revision of prices as stipulated by the contract in application of article 100 of the present decree;
10° The contractual terms of cancellation;
11° The terms of cancellation stipulated in articles 101, 102 and 103 hereinafter;
12° Information concerning the risks covered and the amount of coverage taken out under the insurance policy covering the consequences of the professional legal liability of travel agencies and of the legal liability of non-profit associations and organisations and of local tourist organisations;
13° Information concerning optional subscription of an insurance policy covering the consequences of certain cases of cancellation or of an assistance contract covering certain special risks such as repatriation costs in the event of accident or illness.
Art. 97 - Prior information given to the consumer is binding on the seller, unless in this information the seller should expressly reserve the right to modify certain elements.
In this case, the seller shall clearly indicate to what extent this modification can intervene and on what elements. At all events, modifications made to the prior information must be communicated to the consumer in writing prior to conclusion of the contract.
Art. 98 - The contract entered into between the seller and the buyer must be written, drawn up in duplicate (one copy of which shall be handed over to the buyer) and signed by both parties. It shall include the following clauses :
1° The name and address of the seller, of its manager and of its insurance company as well as the name and address of the organiser;
2° The destination or destinations of the journey and, if the stay is divided up, the various periods and their dates;
3° The means, characteristics and categories of transport used, the dates, hours and places of departure and return;
4° The type of accommodation, its location, its level of comfort and its principal characteristics, its tourist classification corresponding to the regulations or customs of the host country;
5° The number of meals provided;
6° The itinerary, when a tour is involved;
7° The visits, excursions or other services included in the total price of the journey or of the stay;
8° The total price of services billed as well as an indication of any possible revision of this billing pursuant to the provisions of article 100 hereinafter;
9° An indication, where applicable, of the fees or taxes pertaining to certain services such as landing, unloading or boarding taxes in ports and airports, tourist taxes, when they are not included in the price of the service or services provided;
10° The calendar and the terms of payment of the price; at all events, the last payment made by the buyer shall not be less than thirty percent (30%) of the price of the journey or of the stay and must be made at the time the documents making it possible to carry out the journey or the stay are handed over. 11° Special terms and conditions requested by the buyer and accepted by the seller;
12° The means by which the buyer can file a complaint with the seller for non-execution or poor execution of the contract, which complaint must be sent to the seller as quickly as possible by registered letter with acknowledgement of receipt and possibly notified in writing to the organiser of the journey and to the service provider concerned;
13° The time limit for informing the buyer in case of cancellation of the journey or of the stay by the seller in cases where carrying through with the journey or the stay is linked to a minimum number of participants, in application of the provisions of 7° in article 96 hereinabove; 14° The contractual terms of cancellation;
15° The terms of cancellation stipulated in articles 101, 102 and 103 hereinafter:
16° Information concerning the risks covered and the amount of coverage under the insurance policy covering the consequences of the seller's professional legal liability;
17° Information concerning the insurance policy taken out by the buyer covering the consequences of certain cases of cancellation (policy number and name of insurance company) as well as information concerning the assistance contract covering certain particular risks such as repatriation in the event of accident or illness; in this case, the seller shall submit to the buyer a document specifying at a minimum the risks covered and the risks excluded
18° The final date for informing the seller in the event of transfer of the contract by the buyer;
19° The commitment by the seller in writing to provide, no less than ten (10) days prior to departure, the following information :
a) The name, address and telephone number of the seller's local representation or, in the absence thereof, the names, addresses and telephone numbers of the local organisations able to help the consumer in case of difficulty or, failing that, the telephone number where the seller can be contacted in case of emergency;
b) For journeys and stays of minors abroad, a telephone number and an address where the child or the person in charge at the place of the stay can be reached.
Art. 99 - The buyer is entitled to transfer his contract to a transferee who meets the same conditions as he for carrying through with the journey or with the stay so long as this contract has not produced any effect.
Unless more favourably stipulated to the transferor, the transferor is required to inform the seller of his decision by registered letter with acknowledgement of receipt no later than seven (7) days prior to the beginning of the voyage. When a cruise is involved, this deadline is increased to fifteen (15) jours. In no case is this transfer subject to prior authorisation by the seller.
Art. 100 - When the contract includes the express possibility of revising the price, within the limits stipulated in article 19 of the above-mentioned law of 13 July 1992, it must set out the precise methods of calculation, both upwards and downwards, variations in prices, and notably the amount of transport costs and taxes pertaining thereto, the currency or currencies that may have an incidence on the price of the stay, the share of the price to which the variation applies, the rate of the currency or currencies retained as a reference for establishing the price included in the contract.
Art. 101 - When, prior to the buyer's departure, the seller is forced to modify one of the essential elements of the contract such as a significant increase in price, the buyer can, without prejudging recourses for amends for losses that may have been suffered, and after having been informed thereof by the seller by registered letter with acknowledgement of receipt
- either cancel his contract and obtain immediate refund, without penalty, of the sums paid;
- or accept the modification or the alternate journey proposed by the seller; a rider to the contract specifying the modifications made is then signed by the parties; any decrease in price is deducted from the sums that might remain due by the buyer and, if the payment already made by the buyer should exceed the price of the modified service, the overpayment must be returned to him prior to his departure.
Art. 102 - In the case provided for in article 21 of the above-mentioned law of 13 July 1992, when, prior to the buyer's departure, the seller cancels the journey or the stay, he shall inform the buyer thereof by registered letter with acknowledgement of receipt; the buyer, without prejudging the recourses for amends for losses possibly suffered, shall obtain immediate refund from the seller, without penalty, of the sums paid; in this case, the buyer shall receive an indemnity equal to no less than the penalty that he would have borne if the cancellation had occurred of his own doing on this date. In no case do the provisions of the present article form an obstacle to the conclusion of an amicable agreement whose purpose is acceptance by the buyer of an alternative journey or stay proposed by the seller.
Art. 103 - When, after the buyer's departure, the seller finds himself unable to provide a preponderant part of the services stipulated in the contract representing a non-negligible percentage of the price honoured by the buyer, the seller shall immediately take the following steps without prejudging recourses for amends for losses that might have been suffered :
- either he shall propose services in replacement of the stipulated services by possibly bearing all additional prices and, if the services accepted by the buyer are of a lower quality, the buyer shall refund to the difference in price upon his return; or;
- or if he is unable to propose any alternative service or if such services are refused by the buyer for valid reasons, he shall provide the buyer, at no additional price, tickets to ensure his return under conditions that can be judged equivalent towards the place of departure or to another place accepted by the two parties.
Specific Terms and Conditions of Sale
Please read the following specific RESPYRENEES terms and conditions of sale carefully.
Provisional reservation
You can secure a provisional place on your chosen holiday by telephone. To make this a firm reservation we need to receive a booking form within the following 8 days. Before making this reservation consult our general sales conditions.
Reservation
Reserving one of our holidays implicates an adherence to our specific and general terms and conditions of sale. The reservation form must be filled out and signed by the person responsible for the document. Where there are more than one person to reserve, make sure all names and details are given as well as the name of the person responsible for the reservation. Receiving this form only confirms the reservation if there are places available.
- Over 40 days before departure:
Fill out, sign and return your reservation form with a deposit of 30% per person. The balance must be paid 40 days before your departure.
- Less than 40 days before departure:
Please pay the total amount with your reservation form.
Payment : by cheque in Euros, debit card, mandate or credit transfer, to RESPYRENEES
SWIFT Code (BIC) : AGRIFFRPP869
Code (IBAN) : FR76 1690 6000 2987 0118 7528 741
Agence Crédit Agricole St Jean Pied de Port , Bank code : 16906 - Sort code : 00029 - Account number : 87011875287 - RIB key : 41
Attach the credit transfer to your reservation form. Holiday cheques are accepted.
Confirmation
You will receive confirmation of your reservation with a countersigned copy of your reservation form, your invoice, a possible insurance contract and your holiday description, if you have not already received it. The balance must be paid 40 days before the departure date, without any reminding on our part.
Price
Bookings are accepted on the understanding that all persons travelling have accepted the relative information to his/her chosen holiday detailed in the brochure and tour notes. The tour notes state clearly what is and is not included in the tour price. In general, airport taxes, vaccination costs, visas, personal drinks, and entrance fees are not included in the price of the trip unless otherwise stated. The price of your holiday is subject to modification or readjustment due to unfavourable price changes in fuel, transporters, airfares, government imposed charges or adverse currency exchange rates.
Police and sanitary regulations
Each participant is obliged to comply with police and sanitary rules and formalities. The information contained in our brochure and our website is only an indication and cannot make us responsible. The non-respect of these regulations remains the sole responsibility of the participant who will be accountable for the payment of any ensuing charges.
The holiday
Your bookings are accepted on the understanding that you realise the hazards in this kind of tour, including injury, loss or damage of property and inconvenience. The whole philosophy of this type of travel is one which allows alternatives and a substantial degree of what each group should accomplish and not as a contractual obligation on the part of RESPYRENEES. It is a condition of joining any of the tours that you accept this flexibility. Each participant must conform with the advice given by the head of the expedition or the guide even when the advice is not given in the route notes. We cannot be held responsible for incidents, accidents or corporal damage which result from a careless personal descision.
Modifications
RESPYRENEES acts as an intermediary between, on the one hand, the client and, on the other hand, the different contractors (transporters, hotels, charterers, local agencies, guides etc...). If the arrival and departure dates are modified, due to problems with airplanes, boats or land transport we cannot in any way be held responsible and we will ask you for a participation in any supplementary charges accrued.
If we can’t carry out an engagement that has been provisioned we will do everything possible to replace it by an equivalent. We could be forced, when circumstances dictate, to substitute one hotel or mode of transport for another, to take a different route or to cancel certain excursions, provided these ,exceptional, modifications give rise to an unspecified compensation ; the client will not be able to refuse them without giving a valuable reason.
Cancellations
If you cancel your booking:
If you, or any member of your party find it necessary to cancel a booking, you may transfer that booking to another suitable person, a new booking form must be completed. Cancellation of booking will become effective upon receipt of written notification from you, and the following cancellation charges will be due:
• 60 days before departure : 15% of the total price of the trip
• From 60 to 31 days before departure: 20% of the total price of the trip
• From 30 to 21 days before departure: 35% of the total price of the trip
• From 20 to 14 days before departure: 50% of the total price of the trip
• From 13 to 2 days before departure: 75% of the total price of the trip
• Day before departure, or no-show: 100% of the total price of the trip
These costs will be reimbursed by insurance in the case of justified cancellation and if you have taken out such an insurance. The cost of insurance is not reimbursable.
No-shows or late arrivals will be considered as a NO SHOW and will be billed at 100% of the stay. In case of the impossibility to carry out a holiday, you can propose a replacement in the condition that they fit the same conditions and that we haven’t already made any reservations in your name. You are obliged to inform us between 7 and 15 days before departure by letter.
If we cancel your booking:
If we find it necessary to cancel a booking for reasons outside of our control, or for reasons of force majeure, we will make every effort to offer a suitable alternative. If the minimum number of persons upon which the trip is costed fail to make bookings you will be informed at the latest 21 days before the departure date no extra compensation payment will be made.
Insurance (EU residents only)
As a condition of the booking you must be adequately insured. It is your responsibility to ensure that the insurance cover you purchase is adequate for both your and our requirements. We advise an insurance that covers loss of baggage and insures against holiday cancellation. It is obligatory that the insurance covers you for mountain rescue and repatriation. We may ask to see proof of your insurance details on arrival. We may ask to see proof of your insurance details on arrival. We offer the following policies:
- EVIDENCE - BAGGAGE CANCELLATION WITH EPIDEMIA EXTENSION", the price of which represents for one person: 3.4% of the total cost of the trip
- EVIDENCE ASSISTANCE - CIVIL LIABILITY PRIVATE LIFE", the price of which represents for one person: 2.0% of the total cost of the trip
- EVIDENCE MULTIRISQUE AVEC EXTENSION EPIDEMIE", the price of which represents for one person: 4.8% of the total cost of the trip.
These Assurinco insurance policies are tailored to the type of trip we offer.
You must have taken out an insurance policy from the time of your reservation.
Send us an extract of the general terms and conditions of the insurance when you reserve.
If you don’t wish to take out an insurance policy we ask you, before your departure, to send us a certificate of your personal insurance with your name and nature of the cover available.
Complaints
If you have any complaint about the holiday you should make it known as soon as possible to the trek leader and the supplier concerned if applicable. If it is still not resolved at the end of your trip you must notify the RESPYRENEES office within one month of your return where we will do our best to resolve it. This contract is made on the terms of these booking conditions and is subject to French law and the exclusive jurisdiction of French courts at all times.
Lawsuits can only be dealt with by the Foix tribunal.
Legal information
RESPYRENEES – SAS au capital de 7500€
SIRET : 814 735 783 00015 enregistrée au RCS Foix – Code APE 7911Z
Siège social : Lieu dit La Freyte – 09400 RABAT LES TROIS SEIGNEURS – France – Téléphone : (0033) 5 34 14 51 50 – e-mail : info@respyrenees.com
