Full reproduction of Articles R.211-3 to R.211-11 of the French Tourism Code, pursuant to Article R.211-12 of the French Tourism Code.
Article R211-3 Amended by Decree No. 2009-1650 of 23 December 2009 – Art. 1 Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and any sale of travel or holiday services shall give rise to the provision of appropriate documents complying with the rules set out in this section. In the case of the sale of airline tickets or tickets for scheduled transport services not accompanied by services related to such transport, the seller shall provide the purchaser with one or more tickets covering the entire journey, issued by the carrier or under its responsibility. In the case of on-demand transport, the name and address of the carrier on whose behalf the tickets are issued must be stated. Separate invoicing of the various components of the same package holiday shall not exempt the seller from the obligations imposed by the regulatory provisions of this section.
Article R211-3-1 Created by Decree No. 2009-1650 of 23 December 2009 – Art. 1 The exchange of pre-contractual information or the provision of contractual terms and conditions shall be made in writing. They may be provided electronically under the conditions of validity and exercise laid down in Articles 1369-1 to 1369-11 of the French Civil Code. The name or company name and address of the seller shall be stated, together with details of its registration in the register referred to in point a of Article L. 141-3 or, where applicable, the name, address and registration details of the federation or union referred to in the second paragraph of Article R. 211-2.
Article R211-4 Created by Decree No. 2009-1650 of 23 December 2009 – Art. 1 Prior to the conclusion of the contract, the seller must provide the consumer with information concerning the prices, dates and other elements forming part of the services provided in connection with the journey or stay, including: 1) The destination, means, characteristics and categories of transport used; 2) The type of accommodation, its location, level of comfort and main characteristics, its approval and tourism classification in accordance with the regulations or practices of the host country; 3) The catering services offered; 4) A description of the itinerary where the journey is a tour; 5) The administrative and health formalities to be completed by nationals or by nationals of another Member State of the European Union or a State party to the Agreement on the European Economic Area, particularly when crossing borders, together with the time limits for completing them; 6) Visits, excursions and other services included in the package or which may be available at an additional cost; 7) The minimum or maximum group size allowing the journey or stay to take place and, where the journey or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the journey or stay; this date may not be set less than twenty-one days before departure; 8) The amount or percentage of the price to be paid as a deposit upon conclusion of the contract, together with the payment schedule for the balance; 9) The terms governing price revisions as provided for in the contract pursuant to Article R. 211-8; 10) The contractual cancellation conditions; 11) The cancellation conditions defined in Articles R. 211-9, R. 211-10 and R. 211-11; 12) Information concerning the optional purchase of an insurance policy covering the consequences of certain cases of cancellation or an assistance policy covering certain specific risks, in particular repatriation costs in the event of accident or illness; 13) Where the contract includes air transport services, the information required for each flight segment pursuant to Articles R. 211-15 to R. 211-18.
Article R211-5 Amended by Decree No. 2009-1650 of 23 December 2009 – Art. 1 The prior information provided to the consumer shall be binding on the seller, unless the seller has expressly reserved the right to modify certain elements thereof. In such a case, the seller must clearly indicate the extent to which such modifications may occur and which elements may be affected. In all cases, any changes made to the prior information must be communicated to the consumer before the contract is concluded.
Article R211-6 Amended by Decree No. 2009-1650 of 23 December 2009 – Art. 1 The contract concluded between the seller and the purchaser must be in writing, drawn up in two copies, one of which shall be provided to the purchaser, and signed by both parties. Where the contract is concluded electronically, Articles 1369-1 to 1369-11 of the French Civil Code shall apply. The contract must contain the following provisions: 1) The name and address of the seller, its guarantor and insurer, together with the name and address of the organiser; 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 transport used, and the dates and places of departure and return; 4) The type of accommodation, its location, level of comfort, main characteristics and tourism classification in accordance with the regulations or practices of the host country; 5) The catering services offered; 6) The itinerary where the journey is a tour; 7) Visits, excursions or other services included in the total price of the journey or stay; 8) The total price of the services invoiced, together with details of any possible revision of that price pursuant to Article R. 211-8; 9) Where applicable, details of charges or taxes relating to certain services, such as landing, disembarkation or embarkation taxes at ports and airports and tourist taxes where they are not included in the price of the service or services provided; 10) The schedule and terms of payment of the price; the final payment made by the purchaser may not be less than 30% of the price of the journey or stay and must be made when the documents required to undertake the journey or stay are provided; 11) Any specific conditions requested by the purchaser and accepted by the seller; 12) The procedures by which the purchaser may submit a complaint to the seller for non-performance or improper performance of the contract, such complaint being sent to the seller as soon as possible by any means providing acknowledgement of receipt and, where applicable, notified in writing to the travel organiser and the service provider concerned; 13) The deadline for informing the purchaser in the event of cancellation of the journey or stay by the seller where the journey or stay is dependent upon a minimum number of participants, in accordance with point 7 of Article R. 211-4; 14) The contractual cancellation conditions; 15) The cancellation conditions provided for in Articles R. 211-9, R. 211-10 and R. 211-11; 16) Details of the risks covered and the amount of the guarantees provided under the insurance policy covering the seller’s professional civil liability; 17) Details of the insurance policy taken out by the purchaser covering the consequences of certain cases of cancellation (policy number and name of insurer), together with details of the assistance policy covering certain specific risks, in particular repatriation costs in the event of accident or illness; in such a case, the seller must provide the purchaser with a document specifying at least the risks covered and excluded; 18) The deadline for informing the seller in the event that the purchaser assigns the contract; 19) The undertaking to provide the purchaser, at least ten days before the scheduled departure date, 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 organisations likely to assist the consumer in the event of difficulty or, failing that, a telephone number enabling urgent contact to be established with the seller; b) For journeys and stays abroad involving minors, a telephone number and address allowing direct contact to be established with the child or the person responsible for the child at the destination; 20) A clause providing for termination and reimbursement, without penalty, of the amounts paid by the purchaser in the event of failure to comply with the information obligation provided for in point 13 of Article R. 211-4; 21) The undertaking to provide the purchaser, in good time before the start of the journey or stay, with the departure and arrival times.
Article R211-7 Amended by Decree No. 2009-1650 of 23 December 2009 – Art. 1 The purchaser may assign the contract to a transferee who fulfils the same conditions as the purchaser for undertaking the journey or stay, provided that the contract has not yet taken effect. Unless more favourable provisions apply to the transferor, the latter must inform the seller of the decision by any means allowing acknowledgement of receipt no later than seven days before the start of the journey. In the case of a cruise, this period shall be extended to fifteen days. Under no circumstances shall such an assignment be subject to the prior authorisation of the seller.
Article R211-8 Amended by Decree No. 2009-1650 of 23 December 2009 – Art. 1 Where the contract expressly provides for the possibility of revising the price, within the limits laid down in Article L. 211-12, it must specify the precise method of calculating price variations, whether upwards or downwards, and in particular the amount of transport costs and related taxes, the currency or currencies which may affect the price of the journey or stay, the portion of the price to which the variation applies, and the exchange rate of the currency or currencies used as a reference when determining the price stated in the contract.
Article R211-9 Amended by Decree No. 2009-1650 of 23 December 2009 – Art. 1 Where, before the purchaser’s departure, the seller is obliged to make a change to one of the essential elements of the contract, such as a significant increase in price, and where the seller fails to comply with the information obligation referred to in point 13 of Article R. 211-4, the purchaser may, without prejudice to any claim for compensation for damage suffered and after being informed by the seller by any means providing acknowledgement of receipt: – either terminate the contract and obtain immediate reimbursement, without penalty, of the amounts paid; – or accept the modification or substitute journey proposed by the seller; an amendment to the contract specifying the changes made shall then be signed by the parties; any reduction in price shall be deducted from any amounts still payable by the purchaser and, where the payment already made by the purchaser exceeds the price of the modified service, the excess amount must be refunded before the departure date.
Article R211-10 Amended by Decree No. 2009-1650 of 23 December 2009 – Art. 1 In the situation provided for in Article L. 211-14, where the seller cancels the journey or stay before the purchaser’s departure, the seller must inform the purchaser by any means providing acknowledgement of receipt; without prejudice to any claim for compensation for damage suffered, the purchaser shall obtain immediate reimbursement, without penalty, from the seller of the amounts paid; in such a case, the purchaser shall receive compensation at least equal to the penalty that the purchaser would have incurred had the cancellation been made by the purchaser on that date. The provisions of this Article shall in no way prevent the conclusion of an amicable agreement under which the purchaser accepts a substitute journey or stay proposed by the seller.
Article R211-11 Where, after the purchaser’s departure, the seller is unable to provide a substantial proportion of the services provided for in the contract, representing a significant percentage of the price paid by the purchaser, the seller must immediately take the following measures, without prejudice to any claim for compensation for damage suffered: – either offer replacement services in place of those originally planned, bearing any additional cost and, where the replacement services accepted by the purchaser are of a lower standard, reimburse the purchaser, upon return, for the difference in price; – or, where the seller is unable to offer any replacement service or where such services are refused by the purchaser for valid reasons, provide the purchaser, at no additional cost, with transport tickets ensuring the purchaser’s return under conditions that may be considered equivalent to the place of departure or to another place agreed by both parties. The provisions of this Article shall apply in the event of failure to comply with the obligation provided for in point 13 of Article R. 211-4.
In the event of any discrepancy between different versions of the Terms and Conditions of Sale, the version available on the Watt Rally website shall prevail.