Pays Thionvillois Tourism – Category 1
Legal form association local law 1908 – SIRET number 78003998800040 – NAF code: 7990Z
Head office: 31 Place Anne Grommerch – 57100 THIONVILLE Telephone: +33 (0)3 82 53 33 18 – Fax: +33 (0)3 82 53 15 55 E-Mail: tourisme@thionville.net – Official website: www. thionvilletourisme.fr
Brochure published in January 2018. Registration number in the register of Atout France travel and holiday operators: IM057110013
Local tourism organization authorized by prefectural decree – N° AU 057 00 0002.
GENERAL CONDITIONS OF SALE – TOURISM CODE
Novelli Law, Law No. 2009-888 of July 22, 2009, Official Journal of July 24, 2009
Article R211-3
Subject to the exclusions provided for in the second paragraph (a and b) of Article L211-7, any offer and sale of travel or holiday services shall give rise to the delivery of appropriate documents which meet the rules defined by this title. .
In the event of the sale of air transport tickets or regular line transport tickets not accompanied by services related to this transport, the seller shall deliver to the buyer one or more passenger tickets for the entire trip issued by the carrier or under his 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. The separate invoicing of the various elements of the same tourist package does not exempt the seller from the obligations imposed on him by this title.
Article R211-4
Prior to the conclusion of the contract on the basis of a written medium, bearing his company name, his address and the indication of his administrative authorization to exercise, the seller must communicate to the consumer information on prices, dates and other components of 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 corresponding to the regulations or to the users of the host country;
3° the meals provided;
4° the description of the itinerary in the case of a circuit;
5° the administrative and health formalities to be completed in the event, in particular, of crossing borders as well as their deadlines for completion;
6° visits, excursions and other services included in the package or possibly available at an additional cost;
7° the minimum or maximum size of the group allowing the completion of the trip or stay as well as, if the completion of the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation the trip or stay; this date cannot be set less than 21 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 price revision procedures as provided for in the contract pursuant to Article R 211-8;
10° the cancellation conditions of a contractual nature;
11° the cancellation conditions defined in Articles R211-9, R211-10 and R 211-11, below;
12° the details concerning the risks covered and the amount of the guarantees taken out under the insurance contract covering the consequences of the professional civil liability of travel agencies and the civil liability of associations and non-profit organizations and local organizations of tourism ;
13° information concerning the optional subscription of an insurance contract covering the consequences of certain specific risks, in particular repatriation costs in the event of accident or illness;
Article R211-5
The prior information given to the consumer binds the seller, unless in this the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent this modification can occur and on what elements. In any case, the modifications made to the prior information must be communicated in writing to the consumer before the conclusion of the contract.
Article R211-6
The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. It 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 organiser;
2° the destination or destinations of the trips, and, in the event of a split stay, the different periods and their dates;
3° the means, characteristics and categories of transport used, the dates, times and places of departure and return;
4° the type of accommodation, its location, its level of comfort and its main characteristics, its tourist classification under the regulations or customs of the host country;
5° the number of meals provided;
6° the itinerary in the case of 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 as well as the indication of any possible revision of this invoicing under the provisions of Article R211-8 below;
9° the indication, if applicable, of fees or taxes relating to certain services such as landing, disembarkation or boarding taxes in ports and airports, tourist taxes when they are not included in the price of the service(s) provided;
10° the schedule and terms of payment of the price; in any case, the last payment made by the buyer cannot be less than 30% of the price of the trip or stay and must be made when submitting the documents allowing the trip or stay to be carried out;
11° the special conditions requested by the buyer and accepted by the seller;
12° the terms according to which the buyer can seize the seller of a complaint for non-performance or poor performance of the contract, a complaint which must be sent as soon as possible, by registered letter with acknowledgment of receipt to the seller, and reported in writing, possibly, to the travel organizer and the service provider services concerned;
13° the deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7 ° of article R211-4 above;
14° the cancellation conditions of a contractual nature;
15° the cancellation conditions provided for in Articles R 211-9, R 211-10 and R 211-11, below;
16° the details concerning the risks covered and the amount of the guarantees under the insurance contract covering the consequences of the professional civil liability of the seller;
17° information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer), as well as those concerning the assistance contract covering certain specific risks, including 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 assignment of the contract by the buyer;
19° the undertaking to provide the buyer, in writing, at least ten days before the scheduled date of departure, with the following information:
a) the name, address and telephone number of the seller’s local representation or, failing that, the names, addresses and telephone numbers of local bodies likely to help the consumer in the event of difficulty or, failing that, the telephone number for establishing urgent contact with the seller;
b) for travel and stays of minors abroad, a telephone number and an address enabling direct contact to be established with the child or the person in charge of their stay on the spot.
ARTICLE R211-7
The buyer may assign his contract to an assignee who meets the same conditions as him to make the trip or stay, as long as his contract has not produced any effect.
Unless more favorable to the transferor, the latter is required to inform the seller of his decision by registered letter with acknowledgment of receipt no later than seven days before the start of the trip. When it comes to a cruise, this period is fifteen days. This transfer is in no way subject to prior authorization from the seller.
ARTICLE R211-8
When the contract includes an express possibility of price revision, within the limits provided for in Article L211-12, it must mention the precise methods of calculating, both upwards and downwards, price variations, and in particular the amount of transport costs and taxes relating thereto, the currency or currencies which may have an impact on the price of the trip or stay, the part of the price to which the variation applies, the rate of the currency or currencies used as reference when establishing the price appearing in the contract.
Article R211-9
When, before the scheduled start date of the service, the seller is forced to make a modification to one of the essential elements of the contract, the buyer may, after having been informed by the seller, by letter or by fax:
– either terminate his contract and obtain, without penalty, the immediate reimbursement of the sums paid.
– or accept the modification or substitution of places of service 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 remaining due by the customer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment will be returned to the customer.
Article R211-10
In the case provided for in article L211-4, when before the start of the service, the seller cancels the service, he must inform the buyer by registered letter with acknowledgment of receipt. The buyer will be reimbursed immediately and without penalty for the sums paid. These provisions do not apply when an amicable agreement is concluded whose purpose is the acceptance by the buyer of a substitute service proposed by the seller.
Article R211-11
When during the service, the seller is unable to provide a major part of the services provided for in the contract, representing a significant percentage of the price paid by the buyer, the seller will offer a service to replace the service provided, possibly bearing any additional cost. If the service, accepted by the buyer, is of inferior quality, the seller will reimburse the difference in price.
GENERAL CONDITION OF SALE – CONSUMER CODE
Article L.221-28
The right of withdrawal cannot be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be re-provided on a specific date or period.
Article L421-3
The products and services must present, under normal conditions of use or under other conditions reasonably foreseeable by the professional, the safety which one can legitimately expect and not harm the health of people.
Article L421-4
Producers and distributors shall take all useful measures to contribute to compliance with all the safety obligations provided for in this title.
SPECIFIC CONDITIONS OF SALE
ARTICLE 1 – LEGAL PROVISIONS
Pays Thionvillois Tourisme, as a local tourism organization is authorized, under the law of July 22, 2009, to ensure the reservation and sale of all types of leisure and hospitality services in their area of intervention, in accordance with its statutes. They make it easier for the public by offering them a choice of many services and ensuring fast and secure reservations. Tourist Offices are instruments of general interest made available to all types of service providers who are members and who have entered into a mandate agreement with them.
Under no circumstances can the Tourist Offices be held liable in the event of use of these contracts by third parties or for purposes other than tourism.
ARTICLE 2 – INFORMATION
The brochures in which the offers of Pays Thionvillois Tourisme are mentioned, constitute the prior offer covered by the general conditions opposite and they are binding on Pays Thionvillois Tourisme. However, changes can naturally occur in the nature of the benefits. In accordance with article R211-5 of the general terms and conditions opposite, if changes were made, they would be brought to the customer’s attention in writing, by Pays Thionvillois Tourisme before the conclusion of the contract.
ARTICLE 3 – DURATION OF THE SERVICE
This contract, signed by the customer, is concluded for a fixed term, mentioned on it.
ARTICLE 4 – RESPONSIBILITY
Pays Thionvillois Tourisme, which offers services to a client, is the sole interlocutor of this client and answers to him for the performance of the obligations arising from these conditions of sale. Pays Thionvillois Tourisme cannot be held responsible for fortuitous events, cases of force majeure of unforeseeable or insurmountable facts by a third party unrelated to the provision of services, total or partial non-performance of the services ordered or total non-compliance or partial of the obligations stipulated in the present general conditions of sale in presence.
ARTICLE 5 – RESERVATION
The sale of simple services or packages will be the subject of a contract between the Pays Thionvillois Tourisme group department and the customer. The contract must specify: the description of the service or product, its duration, its price, the reservation date, the reservation deadline.
The reservation becomes firm when a deposit of 30% of the total price and a copy of the order form of this contract, signed by the customer, have been returned to Pays Thionvillois Tourisme before the deadline appearing on the contract.
ARTICLE 6 – PRODUCT REGULATIONS
1. upon reservation: deposit of 30% of the estimated estimate
2. 30 days before the arrival date: second deposit payment of 30% of the total amount of the proforma invoice
3. one week before arrival: payment of the balance.
In the event that the customer reserves nights, he must imperatively provide the list of names of the members of the group including the precise list of the people sharing the rooms. The customer who has not paid the balance of the service on the agreed date is considered to have canceled his visit or his circuit. Therefore, the service is again offered for sale and no refund will be made.
The customer acknowledges by these special conditions of sale that he is placing an order with an obligation to pay.
ARTICLE 7 – LATE REGISTRATIONS
In case of registration less than 30 days before the start of the service, the full payment will be required upon reservation.
ARTICLE 8 – EXCHANGE VOUCHER
Pays Thionvillois Tourisme sends the customer, within one week before the date of his reservation, the voucher(s) that he must give to the service provider(s) upon arrival.
ARTICLE 9 – ARRIVAL
The group must arrive on the day and at the time mentioned on the voucher(s). If this is not possible, he undertakes to notify Pays Thionvillois Tourisme. In the event of late or deferred arrival or last-minute impediment, the customer must directly notify the service provider(s) whose address and telephone number appear on the exchange voucher(s). Services not used as a result of this delay will remain due and cannot give rise to any refund.
ARTICLE 10 – CANCELLATION BY THE CUSTOMER
Any cancellation must be notified by registered letter to Pays Thionvillois Tourisme. The recorded cancellation date will determine the amount of the variable costs according to the following terms:
• more than 30 days before the stay or the visit: 15% for administration fees
• from 30 days to 8 days before the stay or visit: 50% of the total amount
• less than 8 days before the stay or visit: the full amount
In case of no-show of the client, no refund will be made.
In the event of interruption of the service by the customer, no refund will be made.
ARTICLE 11 – MODIFICATION BY PAYS THIONVILLOIS TOURISME OF A SUBSTANTIAL ELEMENT OF THE CONTRACT
When, before the scheduled start date of the service, Pays Thionvillois Tourisme finds itself forced to make a modification to one of the essential elements of the contract, the client may, without prejudice to recourse for compensation for any damage suffered and after having been informed by the seller, by letter, email or fax:
– either terminate his contract and obtain, without penalty, the immediate reimbursement of the sums paid.
– either accept the modification or the substitution of places of service proposed by Pays Thionvillois Tourisme: an amendment to the contract, specifying the modifications made, is then signed by the parties.
Any reduction in price is deducted from any sums remaining due by the customer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment will be returned to the customer.
ARTICLE 12 – CANCELLATION BY THE SELLER
If Pays Thionvillois Tourisme is obliged to cancel the service before it begins, it must inform the buyer by registered letter with acknowledgment of receipt. The customer, without prejudging the recourse in repair and damages possibly undergone, will be refunded immediately and without penalty of the versed sums. He will also receive compensation at least equal to the penalty he would have incurred if the cancellation had been made by him on that date. These provisions do not apply when an amicable agreement is concluded whose purpose is the acceptance by the buyer of a substitute service proposed by the seller.
ARTICLE 13 – PREVENTION OF THE SELLER FROM PROVIDING THE SERVICES PROVIDED FOR BY THE CONTRACT DURING THE STAY
When in the course of the service, Pays Thionvillois Tourisme is unable to provide a major part of the services provided for in the contract, representing a significant percentage of the price paid by the customer, Pays Thionvillois Tourisme, without prejudging recourse for compensation for any damages suffered, will offer a service to replace the service provided, possibly bearing any additional cost. If the service, accepted by the client, is of lower quality, Pays Thionvillois Tourisme will reimburse the difference in price.
If Pays Thionvillois Tourisme cannot offer a replacement service, or if this is refused by the client for valid reasons, the former will pay the latter compensation calculated on the same basis as in the event of cancellation due to the tourism office.
ARTICLE 14 – PRICE REVISION
Economic fluctuations may lead to changes in rates and services for which Pays Thionvillois Tourisme cannot be held liable.
The Tourist Office reserves the right to add travel costs and other expenses if the program is modified by the customer.
ARTICLE 15 – CAPACITY
This contract is established for a specific number of people. The minimum number is set at 15 people.
ARTICLE 16 – HOTELS
Prices include room rental and breakfast, half board or full board. Unless otherwise stated, they do not include drinks with meals and tourist tax. When a customer occupies alone a room designed to accommodate two people, he is charged a supplement called “single room supplement”. On the day of departure, the room must be vacated before noon.
ARTICLE 17 – TRANSPORT
Unless requested by the customer, transport is the responsibility of the customer.
ARTICLE 18 – ASSIGNMENT OF THE CONTRACT BY THE CUSTOMER
The buyer may assign his contract to an assignee who meets the same conditions as him to perform the service. In this case, the buyer is required to inform Pays Thionvillois Tourisme of his decision by registered letter with acknowledgment of receipt no later than 8 days before the start of the service. The transfer of the contract must be made at cost price. The assignor and the assignee are jointly and severally liable vis-à-vis the seller for the payment of the balance of the price as well as any additional costs occasioned by this assignment.
ARTICLE 19 – INSURANCE
The customer is liable for all damages caused by him. You are invited to take out a Civil Liability insurance contract.
ARTICLE 20 – DISPUTES
Any complaint relating to the non-performance or poor performance of a service must be sent, within 3 days of the dispute, by registered letter with acknowledgment of receipt to Pays Thionvillois Tourisme. In the event of persistent disagreement, disputes may be submitted to the quality department of the National Federation of Tourist Offices and Tourist Offices, which will endeavor to find an amicable agreement. Any dispute relating to the application of these general conditions will be the exclusive jurisdiction of the court of Thionville in Moselle.
ARTICLE 21 – FINANCIAL GUARANTEE
Pays Thionvillois Tourisme has taken out a financial guarantee with the Caisse d’Epargne Lorraine, Place de la République – 57100 Thionville.
ARTICLE 22 – PROFESSIONAL CIVIL LIABILITY INSURANCE
Pays Thionvillois Tourisme – Thionville has taken out insurance with MAIF – 34 avenue André Malraux BP 10369 – 57036 Metz Cedex, contract n°3265419N in order to guarantee the activity of organizing stays.
RIGHT OF PROVIDERS
Any service provider is entitled to refuse or interrupt a service in the event that the customer breaks the law. Any service requested in addition to the contract will be the subject of an invoice, the payment of which will be required immediately. Appointments will be specified on each contract depending on the products and arrival times.
In accordance with the “Informatique et Libertés” law, the personal information in the reservation file is mandatory. A right of access and rectification can be exercised with the reservation service and unless expressly opposed, this information may be subject to a commercial transfer.
