Section 2 of Title I of Book II of the Tourism Code
Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel or vacation services shall give rise to the provision of appropriate documents that comply with the rules defined in this section.
In the event of the sale of air tickets or tickets for regular transport services not accompanied by services related to such transport, the seller shall issue the buyer with one or more tickets for the entire journey, issued by the carrier or under its responsibility. In the case of transport on demand, the name and address of the carrier on whose behalf the tickets are issued must be mentioned.
Separate billing for the various elements of a single tourist package does not exempt the seller from the obligations imposed on them by the regulatory provisions of this section.
The exchange of pre-contractual information or the provision of contractual terms and conditions shall be carried out in writing. This may be done electronically under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code. The name or business name and address of the seller shall be mentioned, as well as their registration in the register provided for in Article L141-3(a) or, where applicable, the name, address and registration of the federation or union mentioned in the second paragraph of Article R211-2.
Amended by Decree No. 2007-669 of May 2, 2007 – Art. 2 JORF May 4, 2007
Prior to concluding the contract, the seller must provide the consumer with information on prices, dates, and other elements constituting the services provided during the trip or 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 main characteristics, its approval and its tourist classification in accordance with the regulations or customs of the host country;
3° The catering services offered;
4° A description of the itinerary in the case of a tour;
5° The administrative and health formalities to be completed by nationals or citizens of another European Union member state or a state party to the Agreement on the European Economic Area, particularly when crossing borders, as well as the deadlines for completing these formalities;
6° Visits, excursions, and other services included in the package or available at an additional cost;
7° The minimum or maximum size of the group required for the trip or stay to take place and, if the trip or stay is subject 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 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, as well as the schedule for payment of the balance; 9° The terms and conditions for price revisions as provided for in the contract pursuant to Article R. 211-8;
10° 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 subscription to 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 provided for in Articles R.211-15 to R.211-18 for each flight segment.
The information provided to the consumer in advance is binding on the seller, unless the seller has expressly reserved the right to modify certain elements thereof. In this case, the seller must clearly indicate the extent to which this modification may occur and which elements are affected.
In any event, changes to the prior information must be communicated to the consumer before the contract is concluded.
Amended by Decree No. 2007-669 of May 2, 2007 – Art. 2 JORF May 4, 2007
The contract between the seller and the buyer must be in writing, drawn up in duplicate, one copy of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, Articles 1369-1 to 1369-11 of the Civil Code apply. The contract must include the following clauses:
1° The name and address of the seller, its guarantor, and its insurer, as well as the name and address of the organizer;
2° The destination or destinations of the trip and, in the case of a split stay, the different periods and their dates;
3° The means, characteristics, and categories of transport used, the dates and places of departure and return;
4° The type of accommodation, its location, its level of comfort and its main characteristics, and its tourist classification in accordance with the regulations or customs of the host country;
5° The catering services offered;
6° The itinerary in the case of a tour;
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 any revisions to this invoice pursuant to the provisions of Article R.211-8;
9° Where applicable, an indication of any fees or taxes relating to certain services, such as landing, disembarkation, or embarkation taxes at ports and airports, and tourist taxes when these are not included in the price of the service(s) provided;
10° The schedule and terms of payment of the price; the final payment made by the buyer may not be less than 30% of the price of the trip or stay and must be made upon delivery of the documents enabling the trip or stay to take place;
11° Any special conditions requested by the buyer and accepted by the seller;
12° The terms and conditions under which the buyer may submit a complaint to the seller for non-performance or poor performance of the contract, which complaint must be sent as soon as possible, by any means that provides the seller with proof of receipt, and, where applicable, reported in writing to the tour operator and the service provider concerned;
13° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in cases where the trip or stay is contingent upon a minimum number of participants, in accordance with the provisions of 7° of Article R. 211-4;
14° Contractual cancellation conditions;
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 coverage under the insurance policy covering the consequences of the seller's professional civil liability;
17° Information concerning the insurance policy covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as information concerning the assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;
18° The deadline for informing the seller in the event of transfer of the contract by the buyer;
19° The commitment to provide the buyer with the following information at least ten days before the scheduled departure date:
a) The name, address, and telephone number of the seller's local representative or, failing that, the names, addresses, and telephone numbers of local organizations that can assist the consumer in case of difficulty or, failing that, the telephone number that can be used to contact the seller in an emergency;
b) For trips and stays abroad by minors, a telephone number and address enabling direct contact with the child or the person responsible for them during their stay;
20° The clause providing for termination and reimbursement without penalty of sums paid by the buyer in the event of failure to comply with the information obligation provided for in 13° of Article R. 211-4.
21° The commitment to provide the buyer, in good time before the start of the trip or stay, with the departure and arrival times.
The buyer may transfer their contract to a transferee who meets the same conditions as them for undertaking the trip or stay, provided that this contract has not yet taken effect.
Unless otherwise stipulated in favor of the transferor, the latter is required to inform the seller of their decision by any means that provides proof of receipt no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This transfer is not subject to prior authorization by the seller under any circumstances.
When the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it must specify the precise methods of calculation, both upward and downward, of price variations, and in particular the amount of transport costs and related taxes, the currency or currencies that may affect the price of the trip 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 establishing the price appearing in the contract.
Amended by Decree No. 2007-669 of May 2, 2007 – Art. 2 JORF May 4, 2007
When, prior to the buyer's departure, the seller is forced to make a change to one of the essential elements of the contract, such as a significant price increase, and when the seller fails to comply with the obligation to provide information mentioned in Article R. 211-4(13), the buyer may, without prejudice to any claims for compensation for damages that may have been incurred, and after having been informed by the seller by any means that provides proof of receipt:
– Either terminate the contract and obtain immediate reimbursement of the sums paid without penalty;
– Either accept the modification or the substitute trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums still owed by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be refunded to him before his departure date.
In the case provided for in Article L. 211-14, when, before the buyer's departure, the seller cancels the trip or stay, they must inform the buyer by any means that provides proof of receipt; the buyer, without prejudice to any claims for compensation for damages that may have been suffered, shall obtain from the seller the immediate reimbursement, without penalty, of the sums paid; in this case, the buyer shall receive compensation at least equal to the penalty that he would have incurred if the cancellation had been made by him on that date.
The provisions of this article shall in no way prevent the conclusion of an amicable agreement whereby the buyer accepts a substitute trip or stay proposed by the seller.
Amended by Decree No. 2007-669 of May 2, 2007 – Art. 2 JORF May 4, 2007
When, after the buyer's departure, the seller finds itself unable to provide a significant portion of the services specified in the contract, representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures, without prejudice to any claims for compensation for damages that may have been incurred:
– Either offer services to replace the planned services, bearing any additional costs, and if the services accepted by the buyer are of inferior quality, the seller must reimburse the buyer for the difference in price upon return;
– Either, if it cannot offer any replacement services or if these are refused by the buyer for valid reasons, provide the buyer, at no extra cost, with transport tickets to ensure their return in conditions that can be considered equivalent to the place of departure or to another place accepted by both parties.
The provisions of this article shall apply in the event of non-compliance with the obligation set forth in Article R. 211-4(13).
Tourist Offices authorized under the law of July 29, 2009, can handle reservations and sales for all types of services, leisure activities, and hospitality of general interest within their area of operation. They make things easier for the public by offering them a choice of services.
Tourist Offices are local tourism organizations available to service providers who have signed a mandate agreement with them.
Under no circumstances shall FNOTSI and the Tourist Offices be held liable in the event that these contracts are used by third parties or for purposes other than tourism.
The Tourist Office cannot be held liable for unforeseeable circumstances, cases of force majeure, or the actions of any person not involved in the organization and running of the service.
The customer signing this reservation form, which is concluded for a fixed term, may not under any circumstances claim any right to remain on the premises after the service has been provided.
The reservation is effective as soon as the customer returns one of the two copies of the reservation form, signed by both parties, to the Tourist Office sales department before the option expiry date indicated on the form, accompanied by the deposit amount mentioned. After this deadline, the commitment is no longer binding.
Article 5: Terms of payment
– For guided tours and day trips: The customer must provide the Tourist Office sales department with the final number of participants in writing at least five days in advance. The balance must be paid on site on the day of the service, based on the minimum number of participants communicated five days in advance, except in the case of late registration (signing of the contract less than five days before the day of the service), in which case the full amount will be required upon signing the reservation form.
– For stays: The customer must notify the Tourist Office sales department in writing of the final number of people participating in the stay at least 30 days in advance. A deposit corresponding to 25% of the total amount of the stay will be paid upon signing the reservation form. The balance must be paid between 30 days and the day of the service. If the number of participants increases between 30 days and the day of the service (subject to availability), an amendment to the booking form and an additional invoice will be issued. Any services not included in the contract must be paid for before the end of the stay.
Any delay in payment of the invoice shall automatically and without formal notice result in the application of a late payment penalty at a rate of one and a half times the legal rate. This penalty, calculated on the total amount outstanding, shall run from the day following the due date until the date of payment of the full amount.
The customer must arrive at the date and time specified in the Tourist Office contract. Any delay or overrun of the scheduled tour time exceeding 30 minutes will be charged and paid for on site on the day of the tour at a rate of €21 per hour. In case of refusal, the tour will not exceed the time specified in the reservation. The group leader is responsible for ensuring that participants adhere to the schedule in accordance with the program, for the smooth running of the trip. Any delay may result in the cancellation of the tour without compensation.
All cancellations must be notified by registered letter to the Albret Tourist Office.
– For day trips and guided tours:
Between the 30th and 15th day: 25% of the total service fee based on the signed contract will be required.
Between the 4th and 5 days prior to the event: 50% of the total service fee based on the signed contract will be required.
From D-4: 100% of the total service fee based on the signed contract will be required.
– For stays:
More than 30 days before the event: the payment will be refunded except for the €40 administrative fee.
Between the 30th and 15th day: 50% of the total service fee based on the signed contract will be required.
Between 14 days prior to the event and the day of the event: the full payment will be retained.
For individual rates, the Albret Tourist Office applies the following conditions:
By decision of March 8, 2007, the Albret Community of Municipalities introduced a tourist tax effective April 1, 2007, in accordance with Articles L2333-26 to L2333-46 of the General Code for Local Authorities.
Each participant in the stay must pay this tax directly to the accommodation provider for the total amount shown in the table below (rates are per person per night).
Any modification by the Tourist Office of a substantial element of the contract is governed by Article R211-9 of the General Terms and Conditions of Sale. Furthermore, it is specified that:
– The times are given as a guide only and may be changed depending on the requirements of the site visits.
– The Tourist Office reserves the right to modify the tours after giving prior notice to its customers.
In the event of interruption of the service by the customer, no refund will be made unless the reason for the interruption is covered by the cancellation insurance that the customer can take out at their request.
The customer is responsible for any damage they cause. It is possible to take out additional "cancellation and repatriation assistance" insurance with the group:
INTER PARTNER ASSISTANCE AXA – 6, rue André Gide – 92320 Châtillon Tel.: 01 55 92 12 12 – Fax: 01 55 92 40 50
Terms and conditions specified in "Travel Essentials"
Any complaints must be sent within three days of the end of the stay, by registered letter, to the Tourist Office.
In the event of persistent disagreement, disputes may be referred to the quality department of the National Federation of Tourist Offices and Tourist Information Centers, which will endeavor to find an amicable agreement.
Any dispute relating to the application of these terms and conditions shall fall under the exclusive jurisdiction of the court of Agen.
All prices mentioned in this brochure are for informational purposes only, are not binding, and are subject to change without notice.
Address: 7 avenue Mondenard – 47600 Nérac
Professional liability insurance is provided by: AXA INSURANCE – 25, allée d’Albret – 47600 Nérac
The financial guarantee is provided by:
CRÉDIT AGRICOLE D’AQUITAINE – 304, boulevard de Président Wilson – CS41272 – 33076 Bordeaux Cedex
SIRET No.: 513 749 929 00016 – Intra-community VAT No.: FR18513749929
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