The sale of travel and holidays is governed by the Tourism Code with the aim of protecting travellers and ensuring they receive a quality service. The terms and conditions of sale have evolved since 1 July 2018, with the entry into force of the order of 20 December 2017 and the decree of 29 December 2017, which transpose into national law the EU directive of 25 November 2015 on combined travel arrangements.
TERMS AND CONDITIONS General FOR SALE
Extracts from the Tourism Code as of 13 January 2020.
Article R211-3
All offers and all sales of the services mentioned in Article L. 211-1 shall give rise to the issue of appropriate documents that comply with the rules defined in this section.
Article R211-3-1
The exchange of pre-contractual information or the provision of contractual terms shall be done in writing. This may be done electronically. The name or company name and address of the organiser or retailer shall be mentioned, as well as their registration details for the register provided for in Article L. 141-3 or, where applicable, the name, address and registration details of the federation or union mentioned in the second paragraph of Article R. 211-2.
Article R211-4
Before the conclusion of the contract, the organiser or retailer must communicate the following information to the traveller:
1° The main characteristics of travel services
– The destination(s), itinerary and duration of stay, with dates and, where accommodation is included, the number of nights; ;
– The means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and place of stopovers and connections. Where the exact time is not yet fixed, the organiser or retailer shall inform the traveller of the approximate time of departure and return; ;
– The situation, main characteristics and, where applicable, the tourist category of the accommodation, according to the rules of the destination country; ;
– Meals provided; ;
– Visits, excursions, or other services included in the total price agreed for the contract; ;
– Where this is not apparent from the context, whether any travel services will be provided to the traveller as a member of a group and, if so, the approximate size of the group; ;
– When the benefit of other tourist services provided to the traveller relies on effective verbal communication, the language in which these services will be provided; ;
– Information on whether the journey or holiday is, generally speaking, suitable for persons with reduced mobility and, at the traveller's request, precise information on the suitability of the journey or holiday for the traveller's needs; ;
2° The company name and geographical address of the organiser and the retailer, as well as their telephone and, where applicable, electronic contact details; ;
3° The total price including taxes and, where applicable, all fees, charges or other additional costs, or, where these cannot be reasonably calculated in advance, an indication of the type of additional costs the traveller may still have to bear; ;
4° The payment terms, including the amount or percentage of the price to be paid as a deposit and the schedule for payment of the balance, or any financial guarantees to be paid or provided by the traveller; ;
5° The minimum number of people required for the trip or stay to take place and the deadline mentioned in Article L. 211-14 (III) before the start of the trip or stay for a possible termination of the contract should this number not be reached; ;
6° General information regarding passport and visa requirements, including approximate visa processing times, as well as information on health formalities for the country of destination; ;
7° A mention indicating that the traveller may cancel the contract at any time before the start of the trip or stay, upon payment of appropriate cancellation fees or, where applicable, standard cancellation fees charged by the organiser or retailer, in accordance with Article L. 211-14(I); ;
8° Information on mandatory or optional insurance covering the costs of cancelling the contract by the traveller, or on the cost of assistance, covering repatriation in the event of an accident, illness, or death.
Concerning the packages defined in point (e) of sub-paragraph 2 of point (A) of Article L. 211-2, the organiser or retailer and the professional to whom the data is transmitted shall ensure that each of them provides, before the traveller is bound by a contract, the information listed in this Article to the extent that it is relevant to the travel services they offer.
The form on which the information listed in this article is brought to the traveller's attention shall be determined by a joint order of the minister responsible for tourism and the minister responsible for the economy and finance. This order shall specify the minimum information to be brought to the traveller's attention when the contract is concluded by telephone.
Article R211-5
The information mentioned in points 1, 3, 4, 5, and 7 of Article R. 211-4, provided to the traveller, forms part of the contract and can only be amended under the conditions defined in Article L. 211-9.
Article R211-6
The contract must include, in addition to the information defined in Article R. 211-4, the following information:
1° The traveller's special requirements which the organiser or retailer has accepted; ;
2° A statement indicating that the organiser and the retailer are responsible for the proper performance of all travel services included in the contract in accordance with Article L. 211-16, and that they are required to provide assistance to the traveller if they are in difficulty, in accordance with Article L. 211-17-1; ;
3° The name of the entity responsible for insolvency protection and its contact details, including its geographical address; ;
4° The name, address, telephone number, electronic mail address and, where provided, fax number of the organiser's or retailer's local representative, of a contact point or of another service through which the traveller can rapidly contact the organiser or the retailer and communicate effectively with them, request assistance if the traveller is in difficulty or complain about any non-conformity observed in the performance of the travel or accommodation; ;
5° A notice indicating that the traveller is required to report any non-conformities observed during the trip or stay in accordance with II of Article L. 211-16; ;
6° When minors travelling on the basis of a contract that includes accommodation, unaccompanied by a parent or other authorised person, information enabling direct contact to be made with the minor or the person responsible for the minor at the minor's place of stay; ;
7° Information concerning the available internal complaint-handling procedures and out-of-court dispute resolution mechanisms and, where applicable, information on the professional's supervisory body and on the online dispute resolution platform provided for by Regulation (EU) No 524/2013 of the European Parliament and of the Council; ;
8° Information on the traveller's right to transfer the contract to another traveller in accordance with Article L. 211-11.
With regard to packages defined in point e of sub-paragraph 2 of paragraph A of Article L. 211-2, the professional to whom the data is transmitted informs the organiser or retailer of the conclusion of the package. The professional provides them with the necessary information to enable them to fulfil their obligations as organisers. As soon as the organiser or retailer is informed of the creation of a package, they provide the traveller, on a durable medium, with the information referred to in points 1 to 8.
Article R211-7
The traveller may assign their contract to an assignee who meets the same conditions as them to undertake the trip or stay, as long as this contract has not yet produced any effect.
Unless otherwise stipulated to the contrary in favour of the assignor, the assignor shall inform the organiser or retailer of their decision by any means that provides proof of receipt no later than seven days before the start of the trip. This assignment shall not be subject to prior authorisation from the organiser or retailer, under any circumstances.
Article R211-8
When the contract includes an express possibility of price revision within the limits set out in Article L. 211-12, it shall specify the precise methods for calculating price variations, both upwards and downwards, including 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 the price in the contract was established.
In the event of a price reduction, the organiser or retailer has the right to deduct their actual administrative expenses from the refund due to the traveller. At the traveller's request, the organiser or retailer shall provide proof of these administrative expenses.
Article R211-9
Where, prior to the traveller’s departure, the organiser or retailer is compelled to make a change to one of the essential elements of the contract, and is unable to meet the specific requirements set out in paragraph 1 of Article R. 211-6, or in the event of a price increase of more than 8 %, they shall inform the traveller as soon as possible, in a clear, comprehensible and prominent manner, on a durable medium:
1° Proposed modifications and, if applicable, their impact on the price of the trip or stay; ;
2° The reasonable period within which the traveller must inform the organiser or retailer of their decision; ;
3° Consequences of the traveller's failure to respond within the set deadline; ;
4° If applicable, of the other service offered, and its price.
When alterations to the contract or substitute performance result in a reduction in the quality of the trip or holiday or its cost, the traveller is entitled to an appropriate price reduction.
If the contract is terminated and the traveller does not accept alternative arrangements, the organiser or retailer shall reimburse all payments made by or on behalf of the traveller without undue delay and in any event not later than fourteen days after the termination of the contract, without prejudice to any compensation in accordance with Article L. 211-17.
Article R211-10
The organiser or retailer shall make any refunds required under II and III of Article L. 211-14 or, under I of Article L. 211-14, refund all payments made by or on behalf of the traveller less appropriate resolution fees. Such refunds for the benefit of the traveller shall be made without undue delay and in any event no later than fourteen days after the termination of the contract.
In the case provided for in Article L. 211-14(III), the additional compensation that the traveller is likely to receive shall be at least equal to the penalty they would have incurred if the cancellation had occurred due to their own actions on that date.
Article R211-11
The assistance owed by the organiser or the retailer under Article L. 211-17-1 shall notably consist of:
1° To provide useful information on health services, local authorities, and consular assistance;
2° To help the traveller make long-distance calls and find other travel services.
The organiser or retailer is entitled to charge a reasonable price for this assistance if the difficulty is intentionally caused by the traveller or due to their negligence. The price charged shall not exceed the actual costs incurred by the organiser or retailer.
Article R211-14
In the event of non-compliance with the obligations set out by Regulation (EC) No 1107/2006 of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air, the penalties applicable to persons registered in the register mentioned in Article L. 141-3 are those provided for in Article R. 330-20 of the Civil Aviation Code.
TERMS AND CONDITIONS Details FOR SALE
Preamble
These terms and conditions govern the sale of trips or stays offered by LUXeTHIKA, under the conditions set out in the French Tourism Code, and presented on the website. www.luxethika.com
Their purpose is to inform customers, prior to the signing of their sales contract, of the content of the services offered relating to transport, accommodation, price and payment terms, and the terms and conditions for cancelling and modifying their trip.
LUXeTHIKA is a limited liability company with a capital of €47,000, registered with the Versailles Trade and Companies Register under number 500 652 375, with its registered office at 13 avenue Raymond Maire, 78170 La Celle Saint Cloud.
LUXeTHIKA holds Travel Agent Registration Number IM075100222, issued by Atout France.
LUXeTHIKA has taken out its financial guarantee with GROUPAMA, 8-10 rue d’Astorg, 75008 Paris, contract no. 4000715469 – Tel: 01 44 56 77 77. This insurance covers the sums committed by the traveller in the event of LUXeTHIKA’s potential default.
LUXeTHIKA has taken out its Professional Indemnity insurance with GENERALI, 2 rue Pillet-Will, 75009 Paris, contract no. AT873351. This insurance covers bodily injury, material damage and immaterial damage.
1. Registration & Payment Terms
Registration (by signing the confirmation form and the terms and conditions of sale) implies the customer's acceptance of the prices and services mentioned in their quote, and the general and specific terms and conditions of sale.
The registrations must be accompanied by the following payments:
– For all bookings, regardless of the departure date, flight tickets and comprehensive travel insurance taken out with LUXeTHIKA must be paid for in full upon confirmation.
– For any booking made more than 60 days before departure, a deposit of 30% on local services (excluding flights) is required upon confirmation, and the balance must be paid in full 60 days before departure, unless otherwise specified by local partners and indicated on the booking confirmation (during public holidays, school holidays and certain peak seasons).
– For any booking made less than 60 days before departure, full payment is required upon confirmation.
If the client fails to pay their deposit more than 60 days before departure, their trip cannot be confirmed and their booking options will no longer be valid.
If the client fails to settle their balance within 60 days of departure, their trip will be cancelled and resolution fees will apply.
2nd Payment & Price Review
The prices of our package holidays are quoted in euros, all taxes included, and were fixed at the time of signing the contract, taking into account, in particular, the exchange rates and various taxes in effect on that date. They do not fluctuate with exchange rates over time and are final.
No refunds will be granted to a customer who, after confirmation of the trip, notes different prices. LUXeTHIKA cannot be held responsible for one-off or promotional offers organised directly by a hotel or by other tour operators, nor responsible for exchange rate fluctuations between the confirmation and the realisation of the trip.
3° Air Transport
In accordance with the requirements of the Tourism Code, LUXeTHIKA shall communicate to the client the identity of the air carrier selected for the planned trip. LUXeTHIKA only works with suppliers offering all safety guarantees in accordance with current European and international standards.
4th modification
Following booking of the trip and before the departure date, any request for changes to travel arrangements (additions, cancellations, changes to accommodation, changes to travel dates, etc.) can only be made with the prior agreement of the agency and payment of the associated fees, without entitlement to reimbursement for services initially planned. Failure to pay will mean LUXeTHIKA is not obliged to make the requested changes. From the departure date onwards, any request for changes must be paid for immediately as an additional charge to LUXeTHIKA or the designated service providers.
Flight change conditions vary depending on the booking class chosen or available at the time of booking, and are detailed in the quote. Flight modification administrative fees are €25 per ticket.
Changes to travel dates often lead to changes in services (changes in room or hotel categories or the number of nights) which have an impact on the quote price.
Amendments to traveller names on flight tickets are not permitted by the vast majority of airlines, meaning new flight tickets will need to be purchased, subject to flight availability and the fares applicable by the airline at the time of the request.
5° Resolution (Cancellation)
The traveller may cancel the contract at any time before the start of the trip, subject to the deduction of the following sums:
– More than 60 days before departure: 100% of the deposit amount will be retained (excluding the flight*).
– Less than 60 days before departure: a fee of 100% of the total cost of the trip (excluding flights*).
Flight Refund: Refund according to the airline's terms and conditions and according to the agency's management fees as stipulated in the quote and contract.
The flight cancellation conditions vary depending on the booking class chosen or available at the time of booking. They are stated in the quote and the contract.
The ticketing fees of €50 per ticket in economy class, €75 per ticket in premium economy class, and €100 per ticket in business class are non-refundable in the event of cancellation; these are stated in the quote and the contract.
In the event of exceptional circumstances notified on the MEAE website Ministry for Europe and Foreign Affairs, For example, if there are serious security issues at the destination (area classified as red by the MAE) that are likely to affect the package, the customer will not have to pay any resolution fees. They will have the right to postpone their trip to a later date, with price adjustments to be expected depending on the requested season and the accommodation categories available on the new travel dates. They can also request a full refund of payments made (excluding international flights) without further compensation.
6° Insurances
LUXeTHIKA offers different travel insurance options simultaneously upon sending the quote with the confirmation form.
These contracts include warranty limitations, exclusions, deductibles and obligations in the event of a claim, which we invite you to read carefully.
The insurance premium taken out via LUXeTHIKA must be paid in full at the time of registration, regardless of the deposit. The premium is non-refundable by cancellation insurance.
7° Withdrawal
In accordance with Article L221-2 of the Consumer Code, the right of withdrawal does not apply to travel services and package holidays, as defined by Article L. 211-2 of the Tourism Code.
8° Responsibilities
LUXeTHIKA is fully liable to the client for the obligations of the contract.
However, the company may exempt itself from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the client, or to the unforeseeable and insurmountable act of a third party unconnected with the provision of the services stipulated, or to a case of force majeure.
LUXeTHIKA cannot be held responsible for the consequences of the following events:
– The client's inability to present the administrative, police or health documents required for their journey (identity card and/or passport expired or about to expire, irregularities in the visa application or visa refusal, failure to present a national or international driving licence according to the rules of the destination country, failure to present all travel authorisation documents for minors, failure to present a valid vaccination certificate required by the destination, failure to present a valid negative PCR test required by the destination… ).
– Delay due to a travel service outside the contract, such as ground, air, or rail pre-carriage, resulting in the client’s absence from the departure of their journey, for any reason whatsoever, even if the delay results from an act of God, an unforeseeable event, or the action of a third party.
LUXeTHIKA shall not be held liable for any change in flight ticket, activity or transfer schedules that occur after the trip has been confirmed, if the change originates directly from the airline or if the change is dictated by exceptional and unavoidable circumstances that arise locally.
LUXeTHIKA reserves the right to suspend the client's trip, with prior notification, if it deems that the traveller's safety cannot be assured on site, in cases of force majeure and/or on instruction from the administrative authority. The client has the right to terminate the contract free of charge or to accept a new travel date that suits them, with any resulting price adjustments.
9° Complaints
Any claim must be sent as soon as possible by registered letter to LUXeTHIKA. It must be accompanied by supporting documents providing details and proof of the claim.
LUXeTHIKA will acknowledge receipt of the complaint, and in the absence of a satisfactory response within 60 days, the customer may refer the matter to the Tourism and Travel Mediator at mtv.travel, with the claim only being accessible via the online form: http://www.mtv.travel/je-saisis-le-mediateur/ BP 80 303 75 823 – Paris Cedex 17.
10° Personal information
Our clients have the right to access, amend, rectify, and delete their personal data (Article 34 of the Data Protection Act).
Our customers' personal information is only passed on to partners involved in the confirmed trip.
To exercise your rights, contact LUXeTHIKA at the email address: contact@luxethika.com.