Conditions of sale
General Conditions
/
Particular Conditions
The law of July 13, 1992 and its decree of application June 17 1994 fix the "general
conditions"
of sale. These general conditions will be given to you with your contract.
We bring there a complement because of the specific character of our stays.
You will find
below
"particular conditions" of our agency.
Reserving one of our stray implies the acceptance of the
general conditions governing the operations of all travel agents, and our own
particular conditions, our responsibility in no case exceeding the obligations
of our subcontractors and professional guarantors.
PARTICULAR CONDITIONS
1
Inscription
To be regarded as
validated,
each
inscription must be obligatorily accompanied
by:
-
the
payment of 30% of the total
cost
of the stay and
the
inscription
file
filled
in
and signed by the customer. The
outstanding sum must
be
paid
by,
at the latest,
21 days before departure.
-
If a reservation is made
less than 21 days before departure, the total cost must be paid upon reservation
and the
file
inscription filled
in
and signed by the customer.
The non-payment of the
outstanding cost
involves
the automatic cancellation of the
inscription.
2
Cancellation
Any cancellation or modification
by
the customer before the departure must be notified
to
Evazio by letter,
registered, with acknowledgement of
delivery.
In the event of cancellation (except if you find a substitute),
expenses of cancellation will be retained:
Cancellation
more than 21 days of departure:
Fee
of 30 €
per person
covering the overheads
Between 20 and 8 days before departure: 50 % of
the total cost
Between 7 and 3 days before departure: 75 % of the
total cost
At 2 days or less of the departure:
100
% of the
total cost
- For French people, these
expenses will be refunded to you (except contribution and overheads) by the
"Cancellation"
insurance
in the event of justified cancellation, if you choose
to take it (see
Insurance
"Cancellation - Luggage).
-
For not French people, we do not propose any Cancellation Insurance.
So please check if you can get it by your own credit card or an agency of
your own country.
A holiday which
is interrupted, or any service not used, by the customer, for whatever reason,
cannot be reimbursed.
If the stay is cancelled
by
our fact, either because the minimum number of
participants is not reached (decision taken 21 days before the date), or in
consequence of conditions endangering the safety of the participants, or by
cause beyond control, it will be proposed to you in the majority of the cases
one or more formulas of replacement or the full repayment of the paid sums.
3 Insurance "Cancellation -
Luggage" (Optional) : Only for French people
We subscribed near the Group Générali - Europ Assistance a
"Cancellation - Luggage"
insurance policy
which covers:
- the refunding of the expenses of cancellation before departure (other
than the overheads of EVAZIO) for justified reasons (Serious illness,
dismissal, destruction or
stealing
in the professional buildings)
- refunding of your luggage in the event of fstealing, loss or destruction
during the stay, with height of 762 €.
This insurance is optional. Its price is 2.3 % of the
total cost of the stay
(with
a minimum of 7 €).
4 Assistance - Repatriation
(Obligatory)
The "Assistance repatriation" insurance
obligatory and is included in
the total price of the stay. We subscribed it for you near the group Générali -
Europ Assistance. It guaranteed to you an assistance and a medical repatriation
on all Western Europe.
It concerns only people from the European community.
It accounts for only 0.7% of the total amount of the voyage (with a minimum of 3
€).
This contract presents the following guarantees:
- Expenses of repatriation at the real cost
- medical Expenses up to 7623 € (minimum
Fee
31 €)
- Expenses of help and rescue to the amount of 1525 €
- Advance in the event of loss or
stealing
of the means of payments, with
height of 2287 €
- Advance on the lawyer fees: 1525 €
- Advance on the penal guarantee with height of 7623 €
A specimen will be given to you to the inscription.
5 Risks
Any excursion involves a risk,
even minimal. Each participant assumes them in
all knowledge, commits himself not making carry the responsibility for the
accidents and incidents being able to occur within the normal framework of this
activity,
to
Evazio
and
its
subcontractors.
This is also valid for having rights and members of the family.
Each participant must conform to the rules of prudence and
follow
the advice given
by the guide. Evazio could not be held for
responsible
for the accidents
resulting from imprudence from a member
of
the group.
Some of our stays are sold without guide. The fixed price includes a
description of the route and
a map.
The not accompanied stays thus suppose a suitable knowledge of the
map
reading and orientation, in particular in mountain. Each participant must
conform to the rules of prudence and take the advice given by
the "road-book".
Evazio cannot be held
for
responsible
for the accidents resulting from
the
imprudence
of
a
participant, a bad reading or a bad interpretation of the descriptions.
6
Modifications
For each stay, we indicate a program with the choices of routes, activities,
lodgings and restorations which seemed to us most judicious according to the
places and seasons.
Our guides are likely to modify some of them for weather reasons, levels of
groups, safety.
7 Prices
For all the stays, the prices
mean from
the
point of appointment
to the point
of dispersion.
The prices include, except contrary mention :
- lodging
with full board
and
2 people per room,
- the framing except for the not accompanied stays,
- the loan of the collective and individual material if necessary,
- the material of bivouac and intendance,
- expenses of organization and logistics,
- the share in the expenses of transport once
in the appointment place
- the insurance assistance - repatriation.
The prices do not include/understand:
- the insurance cancellation - luggage (optional),
- the transport
from
the residence ito
the appointment place,
- the expenditure in personal matter and drinks,
- mentions indicated if necessary.
8
Litigations
All claims must be written and sent, registered, to Evazio 38
Cours of the Marshal Foch 33000 Bordeaux
- France, at the latest within 8 days following the date of return
of the stay, accompanied by the supporting documents. At the end of this period,
no
claim
will be accepted.
Any litigation will be
stated
by
the jurisdictions of Bordeaux.
High of page
GENERAL CONDITIONS
Decree no.
94-490 of 15th June 1994, in accordance with law no. 92-645 of 13th July 1992,
stipulating the trading conditions relating to the organisation and sale of
holidays or travel.
ARTICLE 95 :
unless exempted by the second paragraph (a and b) of article 14 of the law of
13th July 1992, stated above, any offer or sale of travel or holiday services
must provide the appropriate documentation, which fulfils the criteria set out
herewith. In the case of sale of air travel tickets, or tickets for other
scheduled, unaccompanied travel, the vendor must surrender to the customer all
tickets required for the entirety of the journey and issued by the transporting
company (or under its responsibility). In the case of chartered transport, the
name and address of the transporter, on whose account the tickets are issued,
must be mentioned. Billing individually for various services included in a
tourist package means that the vendor is not subject to the conditions laid down
herewith.
ARTICLE 96 :
prior to completion of the deal, and supported by written evidence listing his
business name, address and the indication of his trading authorisation, the
vendor must provide for the customer all information concerning the price, dates
and other details concerning the service included in the holiday, such as:
1 - the destination, and the type and category of transport to be used;
2 - the type of accommodation, its situation, its level of comfort and main
characteristics, its tourist grading on the scale used in that country;
3 - meals included;
4 - a description of the itinerary if the holiday is a tour;
5 - notice of the administrative and health formalities which must be observed,
especially if travelling abroad, and of the time required to complete these
formalities;
6 - visits, excursions and other services included in the package, or available
upon payment of a supplement;
7 - the minimum and maximum number of participants required for the holiday to
go ahead, and, if the holiday depends upon a minimum number of participants, the
date by which the consumer must be informed of the cancellation of the trip;
this date must be at least twenty-one days before the departure date;
8 - the sum, or percentage of the total cost, remaining to be paid in order to
complete the transaction, as well as the date by which this amount must be paid;
9 - any possible changes of price allowed for by the contract, in accordance
with article 100 of this decree;
10 - cancellation conditions incurred within the terms of the contract;
11 - cancellation conditions laid down by articles 101, 102 and 103;
12 - precisions as to the risks insured and the maximum claim within the terms
of the insurance contract, covering the consequences of travel agencies’
professional civil responsibility, and the civil responsibility of non
profit-making associations and organisations, and the civil responsibility of
local tourist offices;
13 - information concerning the option to purchase an insurance policy covering
the consequences of certain types of cancellation, or an assistance scheme
covering certain risks, in particular the cost of repatriation in the case of
accident or illness.
ARTICLE 97 :
once this information is supplied to the customer, the vendor is legally bound
by it, unless he has previously reserved the right to modify certain elements.
In this case, the vendor must indicate clearly which modifications could be made
and to what extent.
In all cases, any modification made to the above information must be
communicated in writing to the customer before the completion of the
transaction.
ARTICLE 98 :
the contract entered into by vendor and customer must be in written form, and
signed by both parties. There must be two copies, of which one is given to the
customer. The following clauses must feature:
1 - the name and address of the vendor, his insurance agent, and the name of the
holiday organiser;
2 - the
destination(s) of the holiday, and in the case of split locations, the different
periods and the dates;
3 - the type and category of transport used, the dates, times and points of
departure and return journeys;
4 - the type of accommodation, its situation, level of comfort and main
characteristics, its tourist rating on the scale used in that country;
5 - the number of meals provided;
6 - the itinerary, in the case of a tour;
7 - visits, excursions and other services included in the price of the holiday;
8 - the total cost, and an indication of any possible changes to this cost, in
accordance with article 100;
9 - an indication, if necessary, of any taxes due, such as airport tax, tourist
tax if not included in the price;
10 - the timescale and options for payment; in any case, the last payment made
by the customer must not constitute less than 30% of the cost of the holiday,
and must be made upon reception of the documents enabling the customer to
travel;
11 - any special conditions required by the customer and accepted by the vendor;
12 - the means by which the customer can make claims to the vendor, which must
be made as soon as possible, via registered post and with a receipt of delivery
form from the vendor. The organiser must also be notified;
13 - the final date by which the customer will be informed if the holiday is
cancelled by the vendor, in circumstances where the minimum number of required
participants has not been reached, in accordance with article 96 above;
14 - the cancellation conditions set out by the contract;
15 - the cancellation conditions set out by articles 101, 102 and 103 below;
16 - information concerning the risks insured and maximum claims guaranteed by
the insurance policy covering the professional civil responsibility of the
vendor;
17 - information concerning the insurance policy covering certain types of
cancellation held by the vendor (policy number and name of the insurer), as well
as information concerning the insurance policy covering specific risks, stating
at least the risks covered and those not covered;
18 - the deadline for the breaking of the contract by the customer;
19 - the promise that the vendor will send to the customer, at least ten days
before the departure date, the following information:
a) the name, address and telephone number of the vendor’s local representative,
or, if none is available, the names, addresses and telephone numbers of any
local organisations able to provide assistance in case of problems, or a
telephone number for contacting the vendor in the case of an emergency;
b) for holidays abroad taken by minors, a contact telephone number and permanent
address where the child or a responsible adult can be reached.
ARTICLE 99 :
the customer may transfer his contract to a third party who fulfils the same
terms as himself and will undertake the holiday, as long as the contract has not
yet come into effect.
Unless the contract states otherwise, the customer in this case is obliged to
inform the vendor of this decision, via registered post and with a receipt of
delivery, at least seven days before the departure date. If the holiday is a
cruise, fifteen days must be allowed. This transferral is in no case subject to
the prior authorisation of the vendor.
ARTICLE 100 :
when the contract includes a deliberate provision for the price to be altered
within certain limits laid down by article 19 of the law of 13th July 1992, it
must mention the precise calculations which could cause the price to vary
(either upwards or downwards), and especially any transport costs or taxes which
may alter as a result, or the currencies which may affect the cost of the
holiday or of transport, the part of the price which may be subject to
variation, and the rate and currency used as a reference when establishing the
price figuring on the contract.
ARTICLE 101 :
when, before the customer’s departure, the vendor is obliged to modify an
essential part of the contract, such as a significant increase in price, the
customer can, without affecting his statutory rights, and having been informed
by the vendor via registered post with registered delivery receipt:
- either surrender the contract and obtain an immediate, full reimbursement of
any money paid;
- or accept the change, or an alternative holiday offered by the vendor; an
addendum to the contract, stating the changes, is then signed by both parties.
Any deduction in price is therefore applied to any outstanding sums owed to the
vendor, and if the amount already paid exceeds the total sum due, the excess
must be repaid by the vendor before the customer’s departure date.
ARTICLE 102 :
in the case dealt with in article 21 of the law of 13th July 1992, the vendor
cancelling the holiday must inform the customer via registered post with receipt
of delivery. The customer, without prejudicing his statutory rights, obtains the
immediate and full reimbursement of all money paid; the customer receives, in
this case, compensation at least equal to the fee he would have incurred had he
been the one to cancel the holiday.
The dispositions of this article are in no way meant to pose an obstacle for the
amicable resolution of such a situation in which the customer accepts a
substitute holiday suggested by the vendor.
ARTICLE 103 :
when, after the departure of the customer, the vendor finds himself unable to
provide a significant part of the service stated in the contract, representing a
significant part of the cost incurred by the customer, the vendor must
immediately take the following steps, without prejudicing his statutory rights:
- either offer replacement services, incurring any eventual added costs himself,
and if the replacement accepted by the customer is of a lower quality, the
vendor must reimburse the difference in full upon the customer’s return;
- or, if he cannot offer a replacement, or this replacement is refused by the
customer for valid reasons, he must provide, at no extra cost to the customer,
travel tickets for a return to the place of departure or to another destination
deemed suitable by both parties.
High of page
Conditions
of
sale