Terms and conditions
Specific terms and conditions
Preamble
All information contained on the website, or any written offer defined as "prior offer", constitutes prior information as defined in Articles L.211-9, L211-10, R.211-4 and R. 211-5 of the Tourism Code and may be amended. The Purchaser must be aware of these special and general conditions of sale. The present conditions of sale apply to all the products of Aluna Voyages. They form an integral part of the contract with Aluna Voyages. The order is governed by the conditions of sale in force on the day of the ordering and the Purchaser acknowledges the obligatory nature of these conditions of sale. These conditions of sale can be accessed at any time via a hyperlink "Conditions of sale" on the Aluna Voyages website or they can be obtained by simple request addressed to the head office of Aluna Voyages: 24 route des volcans - Veyreras 63970 Aydat
These general conditions of sale are valid from September 1st, 2012. This Preamble is an integral part of the contract.
The co-contractors
Aluna Voyages acts as organizer and salesman of proposed stays. Aluna Voyages is a SARL with a capital of 15 000 €, whose head office is located in Veyreras, 63970 Aydat. It is registered in the Registry of Trade and Companies of Clermont-Ferrand under the number 752 999 185 Code - APE9329Z, holder of a registered travel agent n ° IM063120024. Aluna Voyages subscribed to the MMA, 14 Bd Marie and Alexandre Oyon, 72000 Le Mans, a contract n ° 125778874 covering the consequences of its professional civil liability. Aluna Voyages has a financial guarantee issued by COVEA Caution, 10 Bd Marie and Alexandre Oyon, 72013 Le Mans, cedex 2.
Buyer: means any person who reserves, orders and / or purchases a service offered by Aluna Voyages, such as the provision of package tours worldwide, whether offered in the form of packages or made-to-measure trips.
Duration of the offer
The offers of sale of voyages proposed by the site of Aluna Voyages are governed by the present conditions of sale. They are normally valid as long as they remain online, until the available places are exhausted. They may vary in real time. In the event of unavailability of the journey or stay ordered, the buyer is informed in accordance with the provisions resulting from the regulation of the sale of travel.
Type of contract
In accordance with the requirements of article 1369-8 of the Civil Code, the buyer accepts the use of the electronic medium as a method of concluding a contract.
Buy a Journey
Ordering Modes
The buyer can place an order directly on the site of Aluna Voyages or by telephone as specified on the site concerned.
Place an order on the website http://www.aluna-voyages.com/contact/
Ability to contract
The purchaser acknowledges having the capacity to contract, that is to say having the legal majority or to be 21 years old for car rental, to be legally able to contract and not be under guardianship or curatorship . The buyer guarantees the veracity and accuracy of the information provided by him or any other member of his family.
Warning: Reminder of the terms of article 313-1 of the French New Penal Code: "The fraud is the fact, either by the use of a false name or a false quality, Or by the use of fraudulent means to deceive a natural or legal person and thereby determine, to his prejudice or to the prejudice of a third party, to remit funds, securities or any property whatsoever A service or to make an act obliging or discharging. The scam is punishable by five years imprisonment and a fine of € 37,500. "
Absence of right of withdrawal
Pursuant to Article L.121-20-4, 2 ° of the French Consumer Code, the right of withdrawal provided for in the field of distance selling is not applicable to contracts for the sale of business services, Accommodation, transportation, catering and recreation that must be provided at a specified date or time. The site is available on an "as is" basis and is only available depending on availability. Aluna Voyages is not liable in any way if, due to the maintenance of the site or for reasons that are independent of it, the user can not access the Site, or if this access is interrupted at any time , Or if any defect, beyond its control, prevents an operation. Aluna Voyages does not warrant that the Site is free from computer viruses or other anomalies beyond its control. The information contained on the Site has received the most attention.However, some errors may occur in the description of services and / or in prices between the publication and dissemination of information. The rectification will be made at the time of the reservation and confirmed by the order form.
Prices and payment
The fixed prices are assimilated to finished products. No price dispute will be allowed on the return. They should therefore be purchased as such by judging whether the prices are in line with your expectations.
Price
All prices are displayed in Euros. According to the VAT system on the margin of travel agents, invoices issued by Aluna Voyages do not mention the VAT collected on the services sold. Unless otherwise stated in the description of the tender, the fixed prices do not include :
- The non-refundable registration fee of 15 €.
- Transportation taxes that are always refundable in the event of cancellation.
- The specific supplements listed for each travel program such as excursions, extensions etc.
- Air transportation from provincial cities or from abroad.
- Optional non-refundable insurance whose percentage of the total price is indicated on the booking site.
Payment
No discount if prepaid. In the event of non-payment of all or part of this invoice, you will be automatically charged with penalties for delay of 13% calculated on the amount remaining due between the due date and the actual payment date . And this without any reminder from us.
The amount of the flat-rate indemnity for recovery costs due by right and fixed at an amount of 40 €.
Supplements related to air transport
Prices are calculated based on the tariffs reported by air carriers. They correspond to a precise and determined reservation class. It is possible that at the time of registration, there will be no available space in this class. Aluna Voyages will therefore be obliged to offer the buyer a different price, taking into account the difference in tariffs compared to that published in our preliminary offer.
Price revision
In accordance with the applicable legal rules, the price of your trip can be modified up to 30 days before the date of your departure according to the variations affecting :
- The cost of transport, which will be recalled, is determined in particular by the cost of fuel
- The variation in the cost of fuel will be reflected in our selling prices in accordance with the following calculation methods :
- The share of the agreed revisable transport represents 40% of the total price of our packages.
- Variation in fees and charges for services offered such as landing, boarding, landing fees at ports and airports that vary by destination.
Should one or both of these data be modified, the variation will be fully reflected, in accordance with the directives of the competent authorities in this field
- The share of adjustable currencies, when part of the services is invoiced to Aluna Voyages in foreign currency and which may have an impact on the price of travel. It is agreed that the share of revisable currencies represents 40% of the total price of our packages.
Reference currency: Dollar U.S converted to US $ 1 = 0,85 € (as at 21st of september 2018) .
Other currencies may be used in the calculation of proposed prices.
Means of payment
The Purchaser has several means of payment :
By bank checks
The Buyer must draw up a check in euros made out to Aluna Voyages.
By bank transfer (exclusively in euros)
Aluna Voyages accepts with certain reservations, the regulations by bank transfer in euros exclusively. The transfer must be confirmed by the issuing bank. This confirmation of transfer must be addressed to Aluna Voyages by fax or scan whose details will be transmitted when the order confirmation. This confirmation of transfer must mention the surname, first name and order number. It must be transmitted before the date of the option date; The option being defined as the cut-off date on which the provisional booking file is closed.
Attention: If the buyer is domiciled outside France (postal address or e-mail address), if the departure of the journey and / or the delivery address of the ticket or travel book are located outside the national territory, The bank to which the payment is to be made is located outside France, the payment must then be made by bank transfer. The cost of this operation shall be borne by the customer.
Credit cards and payment cards
Aluna Voyages accepts the following bank cards and credit cards on its website (secure site) or during a reservation made by telephone
CB
E- Bleue card
Visa
Visa Electron
Maestro
MasterCard
Provided settlement
The registration is taken into account upon receipt of a signed registration form accompanied by a deposit of 30% of the stay, the receipt of this deposit requiring the reservation only to the extent of available places.
Acceptance, the balance of the price of the stay must reach us at least 35 days before departure.
Order placed less than 35 days before departure
For all bookings made less than 35 days before departure, the total amount of the stay must be paid in full.
An unpaid stay on time may be canceled without a reminder, the remaining deposit in this case acquired by Aluna Voyages.
Non-compliance by the buyer with the terms of payment will be considered byAluna Voyages as a cancellation requested by the buyer.
Should the payment prove to be irregular, incomplete or non-existent, for whatever reason, the sale of the reserved services will be canceled, the expenses resulting therefrom being borne by the buyer who can not in any case avail himself Of that annulment of his fact.
Processing of changes and cancellations
Toute demande de modification ou d’annulation de la commande devra parvenir à Aluna Voyages impérativement par tout moyen permettant d’en obtenir un Any request for modification or cancellation of the order must reach Aluna Voyages imperatively by any means allowing to obtain an acknowledgment of receipt either to the following address : Aluna Voyages, 24 route des Volcans. Veyreras - 63970 Aydat or by e-mail to : contact@aluna-voyages.com
By e-mail, Aluna Voyages will send the buyer confirmation of the modification request or the cancellation.
In the absence of such document, The reservation will not be taken into account.
The buyer must ensure that the confirmation e-mail is received correctly and regularly check his electronic mailbox.
Due to the seller
In the event of a substantial modification of the trip and / or price, Aluna Voyages undertakes to notify the buyer as soon as possible, by any means allowing to obtain an acknowledgment of receipt . A price increase of more than 5% of the price will be considered substantial.
The buyer will then have the possibility, in the event of a substantial modification of the trip :
- Either to terminate the sale and obtain, without having to pay any compensation to Aluna Voyages, Immediate repayment of all amounts paid. The cancellation must be notified to Aluna Voyages by any means allowing to obtain an acknowledgment of receipt and this, within a period of 7 days from the writing of the writing confirming the cancellation.
- Or accept the modification of package and / or price proposed by Aluna Voyages. In this case, an amendment to the contract specifying the changes made will be validated by the parties.
Cancellation for insufficient number of participants
Aluna Voyages may cancel a departure if the number of participants registered is less than the minimum required and specified in all our travel offers. This decision will be communicated no later than 21 days before the scheduled departure date. Aluna Voyages will reimburse the amounts you would have paid without further compensation. Equivalent alternative solutions will be offered.
Because of the buyer
Costs of modification : Any alteration by the buyer, subsequent to its registration, will be subject to the collection by Aluna Voyages of administration fees of 50 €.
Assignment of the contract to a third party : As long as the contract has no effect, the buyer can transfer his contract to an assignee who strictly fulfills the same conditions as him to make the journey. The transferor must inform Aluna Voyages of the assignment of the contract by registered mail with acknowledgment of receipt no later than seven (7) days before the date of departure of the voyage and fifteen (15) days for a cruise. He / she must indicate the marital status (Name - First name - age) and the full address of the transferee (s) and the participants of the trip, proving that they fulfill exactly the same conditions as him to make the trip.
Expenses of assignment: The assignment of the contract entails costs of assignment due jointly to Aluna Voyages by the transferor and the assignee. For a stay in France, which does not involve air or rail transport, the costs of the transfers are derisory. On the other hand, as an indication, if there is air transport, the procedures following the assignment of a contract may entail variable costs between 800 and 1000 €; Depending on the number of people near the departure and type of transportation. Especially when airline tickets have already been issued.
Cancellation fees : The requirement of our suppliers (local providers, air carriers or others) as well as the deadlines imposed by them, require us to collect cancellation fees that are all the more important The date of departure is near. The refund of the sums paid by the purchaser will be deducted from the amounts specified below as a deduction, according to the cancellation date, relative to the date of the trip.
Fee Schedule
Cancellation period and Amount of contractual cancellation fees.
More than 30 days before the departure date .......... 20% of the total amount of the services
From 30 to 22 days before the departure date ......... 35% of the total amount of the services
From 21 to 15 days before the departure date ......... 50% of the total amount of the services
From 14 to 8 days before the date of departure ........75% of the total amount of the services
From 7 to 2 days before departure ................................. 90% of the total amount of the services
Less than 2 days ...................................................................... 100% of the total amount of the services
This percentage is calculated on the total amount of your invoice.
If the cancellation is justified and you have contracted the insurance, these costs will be refunded, deducting by the insurer a deductible of 50 euros per person.
Insurance
Mandatory Liability Insurance for Aluna Voyages
Aluna Voyages has taken out professional liability insurance. This insurance covers, in particular, the financial consequences that may be incurred by the customer as a result of bodily injury, material or immaterial damage caused to customers, service providers or third parties as a result of faults, errors of fact or of law, omissions or negligence The occasion of its activity as a travel agency.
Optional travel insurance for the buyer (invoiced separately)
No insurance is included in the prices offered by Aluna Voyages. Therefore, Aluna Voyages recommends to the buyer, as necessary, to take out the insurance contract proposed by the MMA covering the consequences of the cancellation or modification of the service purchased. Insurance Cancellation, Baggage, Interruption of stay and Assistance-Repatriation: with Europ assistance the contract "Open Escape" N ° 58 626 373.
This insurance is invoiced separately (3.65% of the price of your trip). Each member is thus protected against the serious risks of accident, sickness or death of the insured, his spouse, ascendants and descendants, as well as in case of material damage caused by fire or natural elements reaching The person concerned in his own property and necessarily requiring his presence, within 30 days prior to departure until the end of the stay. Also covered are theft, total or partial destruction, or loss during transport by a transport company, of your luggage. The costs of interruption of stay are also covered in this contract. Please refer to the terms of contract N ° 58 626 373, which can be downloaded from our website. Whatever the reason for the cancellation, Aluna Voyages must be notified as soon as possible by written declaration (letter or e-mail).
The legal environment
Aluna Voyages shall be liable "in its own right" to the Purchaser for the proper performance of the obligations under the contract, whether such obligations are to be performed by him or by other service providers, without prejudice to his Right of appeal against them. However, our company may exempt itself from all or part of its liability by proving that the non-performance or poor performance of the contract is attributable either to the customer or to the unpredictable and insurmountable fact of a third party Provision of the services provided for in the contract, or to a case of force majeure. Aluna Voyages can in no way replace the personal liability of travelers, particularly with regard to police and health formalities at all times of travel.
On the other hand, acting as a tour organizer, we have to use the services of various providers (owners of lodges, receptive organizations, transporters ...). Aluna Voyages can not be confused with those who retain their own responsibility.
Lastly, any stay or travel interrupted or abridged by decision of the traveler and for any reason whatsoever, can not give rise to reimbursement, even partial.
If you have to take a train to get there, wait until your stay is confirmed (ie 3 weeks before departure) to pick up your ticket, as some are not refundable or exchangeable
Complaints - after sale
As referred to in Article L.121-19, § 3 of the Consumer Code, follow-up is provided by the customer relationship service once the service has been performed. In accordance with paragraph 12 of Article R.211-6 of the Tourism Code, any complaint must be forwarded to Aluna Voyages by any means allowing to obtain an acknowledgment of receipt to the seller and as soon as possible. After this delay, the file can not be treated with the same diligence. They will be sent to the Quality Service - Aluna Voyages - 24 Route des Volcans Veyreras 63970 Aydat.
In order for Aluna Voyages to ensure a prompt and efficient processing of the request, it is imperative to transmit all the necessary supporting documents.
Only claims relating to the content of the contract binding the parties and the contractual obligations to be borne by the professionals selling the travel will be taken into account. The length of time claims are processed depends on the responses of the claimants. After having seized the Quality Service and failing a satisfactory reply within 60 days, the client can contact the Tourism and Travel Ombudsman, whose contact details and details are available on his website : www.mtv.travel
Any dispute or dispute is the exclusive jurisdiction of the Commercial Court of Clermont Ferrand.
General terms and conditions
Registration for one of the stays includes acceptance of the General Conditions of Sale governing the relationship between travel companies and travelers, Law of 13 July 1992
- Art. R211-1 The regulations of Titles I and II shall apply, subject to the provisions of Article L. 211-3, to any natural or legal person who engages in or assists in the operations referred to in Article L 211-1. The regulatory provisions of Titles I and II shall not apply to air carriers and railways issuing the tickets referred to respectively d and e of Article L. 211-3, provided that the price of tickets issued to By those carriers does not exceed 50% of the price of the main service. The operations for the issue of tickets referred to in the preceding paragraph shall be carried out by air or rail carriers either directly or through their own automated equipment carried out under their responsibility. The issue of transport tickets shall be carried out in accordance with the laws and regulations or international agreements specific to the organization of transport.
- Art. R211-2 Individuals or legal entities registered in the register provided for in Article L. 141-3 shall mention the name or legal name and legal form of the undertaking or organization, their registration number , The name and address of their guarantor and their insurer in their correspondence and the contractual documents. This information should also be included, where appropriate, on their websites. Non-contractual or advertising documents must include the name and address of the company or organization and its registration number. The associations or not-for-profit organizations referred to in b of III of Article L. 211-18 shall include on their documents their name and address, as well as the name, address and registration number of the federation or Of the union to which they belong. This information should also be included, where appropriate, on their websites. Documents of a contractual nature must specify the names and addresses of the guarantor and the insurer of that federation or union. Any natural or legal person registered in the register referred to in Article L. 141-3 shall keep his books and documents at the disposal of the guarantor and the persons empowered to consult them by the Minister in charge of tourism.
- Art. R211-3 Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, all offers and sales of travel or accommodation services shall be subject to the delivery of appropriate documents which comply with the rules laid down in This section. In the case of the sale of air transport tickets or regular transport tickets not accompanied by services connected with such transport, the seller shall issue to the purchaser one or more tickets for the entire journey, issued by the carrier or In the case of transport on request, the name and address of the carrier on whose behalf the tickets are issued must be mentioned. The separate invoicing of the various elements of the same tourist package does not Seller to the obligations imposed on him by the regulations of this section.
- Art. R211-4 Prior to the conclusion of the contract, the seller must communicate to the consumer information on the prices, dates and other elements constituting the services provided during the journey or stay such as: 1 ° The destination, Means of transport, (2) the type of accommodation, its situation, its level of comfort and its main characteristics, its homologation and its tourist classification corresponding to the regulations or customs of the host country; 4 ° The description of the itinerary in the case of a circuit 5 ° The administrative and health formalities to be carried out by the nationals or by the nationals of another Member State of the European Union Or of a State party to the Agreement on the European Economic Area in cases of, inter alia, crossing borders and their time limits for completion 6 ° Visits, excursions and other 7 ° The minimum or maximum size of the group permitting the completion of the journey or the stay and, if the realization of the journey or the stay is subordinated to a minimum number of participants , The deadline for informing the consumer in the event of cancellation of the trip or stay; This date may not be fixed less than twenty-one days before departure 8 ° The amount or the percentage of the price to be paid as an advance payment at the conclusion of the contract as well as the schedule of payment of the balance 9 ° The terms Price revision as provided for in the contract pursuant to Article R. 211-8 10 ° Cancellation conditions of a contractual nature 11 ° The cancellation conditions defined in Articles R. 211-9, R (121) Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or of an assistance contract covering certain particular risks, in particular The cost of repatriation in the event of an accident or illness; (13) Where the contract contains air transport services, the information for each section of flight stipulated in articles R. 211-15 to R. 211-18.
- Art. R211-5 The prior information given to the consumer engages the seller, unless in this case the seller expressly reserves the right to modify certain elements. The seller must, in this case, clearly indicate to what extent this change may occur and on what elements. In any event, changes to prior information must be communicated to the consumer before the contract is concluded.
- Art. R211-6 The contract between the seller and the purchaser must be in writing, drawn up in duplicate, one of which shall be delivered to the buyer and signed by both parties. Where the contract is concluded by electronic means, Articles 1369-1 to 1369-11 of the Civil Code are applied. The contract shall contain the following clauses: (1) The name and address of the seller, his guarantor and his insurer as well as the name and address of the organizer, (2) The destination or destinations of the journey and, In the case of a split stay, the different periods and their dates, 3. The means, characteristics and categories of the transport used, the dates and places of departure and return, 4. The type of accommodation, Of comfort and its main characteristics and its tourist classification according to the rules or customs of the host country 5 ° The services of restoration offered 6 ° The itinerary when it is a circuit; (7) Visits, excursions or other services included in the total price of the trip or stay, (8) The total price of the services invoiced and the indication of any revision of this invoice under the provisions of Article R (9) The indication, where appropriate, of the fees or charges relating to certain services, such as landing, landing or embarkation charges in ports and airports, They are not included in the price of the services provided; 10 ° The timetable and the modalities of payment of the price; The last payment made by the purchaser may not be less than 30% of the price of the journey or stay and must be made at the time of the delivery of the documents allowing the journey or the stay to be carried out 11 ° The special conditions requested by the buyer, (12) The manner in which the buyer may seize the seller of a claim for non-performance or improper performance of the contract, a complaint which must be sent as soon as possible, by any means allowing it to be obtained An acknowledgment of receipt to the seller and, where applicable, a written notice to the organizer of the journey and the service provider concerned; 13 ° The deadline for informing the purchaser in the event of cancellation of the journey or Of the stay by the seller in the case where the journey or the stay is linked to a minimum number of participants in accordance with the provisions of Article 7 of Article R. 211-4, Cancellation of a contractual nature 15 ° The cancellation conditions provided for in Articles R. 211-9, R. 211-10 and R. 211-11 16 ° Details concerning the risks covered and the amount of the guarantees under the contract Insurance covering the consequences of the professional civil liability of the seller 17 ° The details of the insurance contract covering the consequences of certain cancellation cases taken out by the buyer (policy number and name of the insurer) and Than those concerning the assistance contract covering certain special risks, in particular repatriation costs in the event of an accident or sickness; In this case, the seller must deliver to the buyer a document specifying at least the risks covered and the risks excluded 18 ° The deadline for informing the seller in the event of the buyer's assignment of the contract 19 ° The " Undertake to provide the buyer, at least ten days before the date of departure, with the following information: (a) The name, address and telephone number of the seller's local representative or, failing that, the names , Addresses and telephone numbers of local bodies which may assist the consumer in the event of difficulty or, failing that, the call number making it possible to establish contact with the seller as a matter of urgency; Minors abroad, a telephone number and an address to establish direct contact with the child or the person in charge of the stay, 20 ° The clause of cancellation and refund without penalties of the sums paid by the child, Buyer in case of no 21 ° The obligation to provide the buyer, in good time before the start of the journey or the stay, the departure times and arrival.
- Art. R211-7 The purchaser may assign his contract to an assignee who fulfills the same conditions as he does to make the journey or the stay, as long as this contract has produced no effect. Unless more favorable to the assignor, the latter is obliged to inform the seller of his decision by any means allowing to obtain an acknowledgment of receipt at the latest seven days before the beginning of the voyage. In the case of a cruise, this period is extended to fifteen days. This transfer is not subject, under any circumstances, to prior authorization of the seller.
- Art. R211-8 Where the contract contains an express possibility of price revision, within the limits laid down in Article L. 211-12, it must specify the precise methods of calculating, both upwards and downwards, the variations Prices, including the cost of transportation and related taxes, the currency or currencies that may affect the price of the trip or stay, the share of the price to which the variation applies, the price of the Or currencies used as a reference when drawing up the contract price.
- Art. R211-9 Where, before the buyer leaves, the seller is obliged to make a change to one of the essential elements of the contract such as a significant increase in the price and where he fails to comply with the obligation to provide information Mentioned in item 13 of Article R. 211-4, the purchaser may, without prejudice to any remedies for damages sustained, and after having been informed by the seller by any means of obtaining an Receipt: - either terminate his contract and obtain without penalty the immediate reimbursement of the sums, or - accept the modification or the substitution trip offered by the seller; An amendment to the contract specifying the changes made is signed by the parties; Any reduction in price shall be deducted from any sums still due by the purchaser and, if the payment already made by the buyer exceeds the price of the modified service, the overpayment must be refunded to him before the date of his departure.
- Art. R211-10 In the case provided for in Article L. 211-14, when the seller cancels the journey or the stay before the departure of the buyer, he must inform the buyer by any means allowing him to obtain it An acknowledgment of receipt; The purchaser, without prejudice to the remedies for damages sustained, obtains from the seller the immediate reimbursement and without penalty of the sums paid; The buyer receives in this case an indemnity at least equal to the penalty he would have incurred if the cancellation had taken place on that date. The provisions of this Article shall in no case prevent the conclusion of an amicable agreement having as its object the acceptance by the buyer of a travel or subsistence stay proposed by the seller.
- Art. R211-11 Where, after the buyer has left, the seller is unable to provide a preponderant part of the services provided for in the contract representing a non-negligible percentage of the price honored by the buyer, the seller must immediately take the The following provisions without prejudice to the remedies for damages which may have been suffered: - either to offer services in replacement of the services provided, possibly supporting any additional price and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him The difference in price shall be payable on his return, -if he can not offer any replacement service or if the latter is refused by the buyer for valid reasons, provide the buyer, Of tickets to ensure his return under conditions that may be deemed equivalent to the place of departure or to another place The provisions of this Article shall apply in the event of failure to comply with the obligation provided for in paragraph 13 of Article R. 211-4.
- Art. R211-12 The provisions of Articles R. 211-3 to R. 211-11 must be reproduced on the brochures and travel contracts proposed by the persons mentioned in Article L. 211-1.
- Art. R211-13 The buyer can no longer invoke the benefit of the clause provided for in article 20 of article R. 211-6 after the service has been provided.
- Art. L211-14 Where, prior to departure, the seller terminates the contract in the absence of fault on the part of the buyer, all the sums paid by the buyer shall be returned to him, without prejudice to the damages to which he may be entitled.
- Art. L211-18 I. The natural or legal persons referred to in Article L. 211-1 shall be registered in the register provided for in Article L. 141-3 a. II.-In order to be registered, such persons shall: (a) Provide adequate financial security for customers for the reimbursement of funds received for tourism packages and services listed in Article L. 211-1 which does not relate solely to transport. This guarantee shall be the result of the undertaking of a collective guarantee institution, a credit institution or an insurance undertaking established in the territory of a Member State of the European Community or of another State Party To the Agreement on the European Economic Area. It must cover any repatriation costs. The refund can be replaced, with the agreement of the customer, by the provision of a different service in replacement of the planned service. In the event of an emergency, the different financial services offered by the financial guarantee institution do not require the express agreement of the customer, provided that the implementation does not entail a substantial change in the contract; (B) Provide proof of an insurance guaranteeing the financial consequences of professional civil liability; (C) To justify, for the natural person or for the representative of the legal person, the conditions of professional competence by: - carrying out a vocational training course of a minimum duration defined by decree; Or the exercise of a professional activity, of a minimum duration fixed by decree, in relation to the operations mentioned in I of Article L. 211-1 or with tourist accommodation or tourist transport services; Or possession of a diploma, title or certificate mentioned on a list fixed by a decree issued by the ministers responsible for tourism, education and higher education. III.-The following are not required to satisfy the conditions laid down in I and II: (a) Non-profit-making associations and organizations which are not concerned with the organization of travel or stays and who only engage in such operations In connection with their general meetings or special trips, related to their operation and which they organize for their members or nationals; (B) Not-for-profit associations and organizations belonging to a federation or a declared union guaranteeing that they fulfill the obligations mentioned in I and II. C) Non-profit associations and organizations organizing in the national territory Collective reunions of minors of an educational nature in accordance with Article L. 227-4 of the Code of Social Action and Families or those p.20 Art. L211-19 Tourism Code Sole Chapter: A scheme for the sale of trips and stays managing holiday villages or approved family houses in the context of their own activities, including transport related to the stay.