The purchase of all travel products from Ellispe Voyages (vendor) are subject to the Laws of France, and enforced by the following: Law N° 94-490 (15 June 1994) and article 31 of Law N° 92-645 (13 July 1992). The purpose of the above mentioned laws is to regulate the purchase of travel products.
The purchase of any of the travel products outlined in this document necessarily implies that the purchaser agrees to abide entirely by the terms and conditions of the User Agreement.
Except in cases that may be in violation of Article 95 of the above mentioned law and more specifically of article 14 of Law N° 92-645 (13 July 1992), it is the responsibility of Ellispe Voyage to distribute all the necessary travel documents when a travel product is purchased. Including, but not limited to, travel ticket, transfers, and hotel vouchers. For air travel on commercial airlines in conjunction with a travel product or package, Ellispe Voyage must deliver all travel tickets necessary for the entire voyage. In the case of the sole purchase of a ticket, Ellispe Voyage must communicate airline name and details. In the event that the different elements of a travel product or package are billed separately, Ellispe Voyage must still adhere to the above-mentioned obligations.
Article 96 - The contract must state the name and address of the vendor. The competent authorities must also be mentioned. Before any contract can be held as binding, the travel dates and prices of all travel and stays relevant to the travel products and packages sold must be furnished to the client including, but not limited to:
1) Destination, means of transport, type of transport and category of transport.
2) Type of lodging, location, description, affiliations and hotel class, as defined by the host country.
3) Meals that are included in price.
4) Description of itinerary, if travel product includes sight seeing or touring.
5) A list of all formalities, health (vaccinations), and otherwise that are necessary, specifically for international travel.
6) All amenities and services, including excursions that are covered in the price paid for the travel product. A list of other services or amenities available at extra cost must be provided.
7) The minimum number of participants that are required in the case of group travel. A deadline date must be provided if the travel product is contingent upon the number of travellers participating. In this case the permitted cancellation date may not be less than twenty-one (21) days before the departure date. The maximum number of participants must also be furnished.
8) The required deposit, as a flat fee, or as a percentage of the package price. A payment and cancellation schedule must also be furnished.
9) The terms of any eventual price changes that may be applicable. Article 100 of the above mentioned laws remains in effect.
10) The conditions under which vendor can cancel contract.
11) Cancellation terms as defined by Article 101, 102 and 103 and as follows.
12) All pertinent information concerning insurance coverage and covered actions as well as the amount of coverage, must be clearly outlined. Any third party liability insurance coverage offered to non-profit organizations or local tourism groups must also be mentioned.
13) Information on any additional personal insurance coverage that is available, notably for repatriation due to an accident, sickness or death.
Article 97 - All travel information that has been provided to client is binding, except in cases where the vendor is legally allowed to modify the travel product. In this case, the vendor must inform the client of all possible modifications before the contract has been drawn up. Vendor must also outline the circumstances in which these modifications may occur. Vendor must inform the client in writing should the travel product be modified, before the contract has been signed.
Article 98 - A contract must be signed by both the vendor and the client. A copy must be given to the client. To be valid, the following clauses must be present in the contract:
1) Vendor's name and address of the vendor. Name and address of vendor's insurer. The name and address of the tour operator.
2) The destination or destinations of the travel product as well as any price increases that may be implemented for travel over different periods or seasons.
3) Means of transport, type, and category. Travel dates, hours, and departure terminals (airports, train or bus stations, etc…) for all departure and returns.
4) Type of Lodging, location, level of comfort, over view of hotel amenities, hotel affiliates and class as defined by host country.
5) Number and types of meals included in forfeit.
6) Tour itinerary.
7) Visits, excursions, or any other service that is included in the travel product or package.
8) Price of the travel product or package including the terms of any changes as outlined by article 100.
9) The amount, if any of all additional fees including, but not limited to airport taxes, travel taxes and the cost of additional services or amenities that are not included in the forfeit.
10) Payment schedule. The last payment cannot be less than 30% of the total package cost. The last payment must be made at the time travel documents are given to client.
11) All specific conditions and arrangements that have been requested by the client and granted by vendor.
12) Claims procedure clearly outlined. Client must write to vendor by registered mail within a reasonable time to outline any complaints or reclamations. Relevant tour operators or travel product providers must also be informed.
13) The last day upon which the vendor may cancel a travel product or package which is contingent upon the number of travels having subscribed to the package. These terms must be in accordance with those outlined by the above-mentioned Article 96 (paragraph 7).
14) Cancellation procedures and conditions as outlined in contract.
15) Cancellation procedures and conditions as outlined under Articles 101, 102 and 103.
16) All necessary information concerning travel insurance and covered acts that are the responsibility of the vendor.
17) Any cancellation insurance that is sold as part of the travel product or package must be clearly defined. Details of coverage must also be outlined including, but not limited to repatriation coverage in the case of an accident or illness. Risks that are not covered and coverage amounts must also be mentioned.
18) Cancellation dates and schedule.
19) Vendor must commit to furnishing the following details to traveller / client at least 10 days before departure:
a) Name and telephone number of local representative. If this information is not available, names and contact information of local groups that could supply assistance must be provided. In any case, an emergency contact number must be made available that will allow the traveller to contact vendor.
b) In the case of children or minors travelling alone, contact information must be provided to parents.
Article 99 - Client can opt to transfer contract to another provider. Notification by registered mail is required seven (7) days before departure date, fourteen (14) in the case of a cruise. No prior agreement from the vendor is required.
Article 100 - If the contract allows for prices changes the terms must be clearly outlined as per Article 19 of the law N° 92-645 (13 July 1992). Both increases and decreases must be clearly defined. The basis upon which these changes are calculated must also be clearly stated. Any additional charges and the relevant currency and exchange rates should also be stated.
Article 101 - Should the vendor obliges the traveller to accept major changes to the contract, more specifically substantial price increases, client cancel contract (without compromising the protection granted to him by the relevant regulations and contractual terms) under the following conditions, by sending a registered letter When the changes have been communicated to the client, who may choose from the following:
- Either cancel the contract and seek a full reimbursement
- Or accept the modification or another travel product as offered by the vendor. Acceptance will be official once the client has signed an addendum to the original contract. Client will either receive a reimbursement if the new product is less costly, before the departure date, or in the case of a price increase, the client will continue payment schedule.
Article 102 - In accordance with Article 21 of law N° 92-645 (13 July 1992) vendor must inform the client by registered mail should the travel product or any of it's elements be cancelled. In the event of cancellation, even when properly informed by vendor, client maintains all rights granted to him by law and may seek immediate reimbursement. Damages may be sought and must be equal to the penalty that the client would have paid had he cancelled the voyage. This law in no way prohibits the vendor and the client to reach an agreement on their own accord in which a new travel product is accepted as a replacement for the cancelled product.
Article 103 - Vendor must immediately do the following should he be unable to furnish a major element of the travel package. In all cases, the client maintains all rights granted to him by law:
- Either replace the cancelled element with a product of equal or better standing and without any additional cost to the client. Should the client accept an inferior product, vendor must immediately reimburse client the difference between the new price and the original price paid.
- Or, if no replacement product is available, or if client reasonably refuses to accept the substitute product or products that he has been offered, the vendor must provide client with the necessary travel documents (tickets) to return home (or to a destination agreed upon by both parties) immediately. The vendor may not charge the client supplemental fees.
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