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General Conditions of Sale: Reservation of stays and tour packages

PREAMBLE
These General Terms and Conditions do not constitute a contract for the provision of accommodation, catering or tourist services. These services are subject to the General Terms and Conditions specific to the providers of these services – hereinafter referred to as “Partners”.

These General Terms and Conditions govern the relations between the client * and the company TRADIFRANCEHOTEL, brand Tourisme Nature et Patrimoine (T.N.P) for the purposes of booking stays and tourist packages online that the customer wishes to make with these Partners.

I-/ Definitions
Partner: means the service provider providing the service to the Customer. It is stated that TRADIFRANCEHOTEL acts as an intermediary. As such, he puts the Partner in contact with the Client or Beneficiary. Authentic Break is a registered trademark of TRADIFRANCEHOTEL
The service booked by the Customer on the T.N.P website is provided by the only Partners who determine the scope of the services provided.
Product: refers to the stays and tour packages recommended by one of the selected Partners.
Beneficiary: means the person who will benefit from the stay or the tourist package.
* Client: means the person who reserves the Product, on the understanding that the Client may or may not be the Beneficiary of the service depending on whether he personally benefits from the stay or tourist package or that he will benefit another person.
Part(s): means TRADIFRANCEHOTEL (T.N.P) and / or the Client

 II-/ The services on the Site are selected by T.N.P for stays and tour packages
Each of the services selected are subject to the specific terms and conditions of the service provider and to these general booking conditions.
These are the details of TNP’s General Terms and Conditions of Reservation for the distribution of holiday packages and tour packages, which is governed by Decree No. 94-490 of 15 June 1994, issued pursuant to Article 31 of Law No. 92 -645 of July 13, 1992 laying down the conditions for the exercise of activities relating to the organization and sale of trips or stays, as amended by Decree No. 2009-1650 and 2009-1652 implementing Law No. ° 2009-888 of 22 July 2009 of development and modernization of tourist services.

The company TRADIFRANCEHOTEL, SARL with capital of 32,563 Euros, witch manages the sites is domiciled in Rouilly Sacey (10220) 5 route de Géraudot, N° Siret 448 873 901 000 20.

TRADIFRANCEHOTEL holds a travel agency license issued by Atout France under N° IM 010 11 000 6.

We invite you to read carefully all the present General Conditions of Reservation which define the terms and conditions in which TRADIFRANCEHOTEL makes available, on line, the Products, as well as the conditions of use of the Site.
The present General Conditions of Reservation are valid as from 01/01/2018. They cancel and replace all previous versions of these conditions. They apply whether the order was placed directly via the Internet on the Site or by telephone.
These Terms apply without prejudice to other specific conditions, such as appearing in the product page visible on the site and the conditions of the selected partner.
TRADIFRANCEHOTEL reserves the right to modify the present General Conditions of Reservation at any time, without notice, it being understood that the Customer’s order, validated in accordance with the provisions defined below, is governed by the General Conditions of Reservation in force on the day of the placing of the order.
Any Customer declares to have the legal capacity in accordance with Article 1124 of the Civil Code to contract and use the Site in accordance with the General Terms and Conditions of Reservation and use of the Site.

Each of the selected services are subject to General Conditions of Sale and specific to each partner, in particular in terms of cancellation, modification of benefits, age limit and physical conditions (pregnant women, etc.), or the Beneficiaries for activities.
These elements are described in the product sheet.

ARTICLE 1: PROCESS OF ORDERING AND CONTRACT FORMATION
The information contained on the Site, relating in particular to the detail of the various stays and tourist packages proposed and to the detail of the order carried out by the Customer, constitutes the preliminary information defined in the article L. 211-6 of the code of tourism and the Articles L. 111-1 and L. 111-2 of the Consumer Code.
The placing of orders on the Site includes the following steps:

– On the Site, you can select the Product(s) of your choice. This selection triggers the query of the database to check the real-time availability of the selected Product,
– Following the selection of the Product of your choice, a summary of your order, including the details of your reservation, the price of the chosen Product, your details, your payment method, you will check the details of your order and so d make the necessary modifications before the final conclusion of your contract,
– Your “first click” will allow the registration of your order, subject to having expressly accepted the present General Conditions of Reservation,
– Nevertheless, your order, depending on the services chosen, can be definitively recorded only after an audit by the sales department.
– In case of payment by credit card: this “second click” will correspond to the moment of registration of your bank details. However, your order will be definitively concluded only after acceptance of the payment by your bank. Any refusal of payment by your bank, after the act of purchase, causes the cancellation of your order.

– As of the definitive validation of your order by T.N.P, we will send you an e-mail confirming your order summarizing all items related to it. You will need to print it and keep it as it will be requested upon arrival at the place of stay or delivery of the service. In addition, it will be a proof of your order.
– Thus, it is your responsibility to ensure the accuracy of your details allowing you to receive confirmation of your order. In case of error on your part in entering your details, you will assume the consequences of not receiving this confirmation, and you will be responsible for contacting the customer service of T.N.P under the conditions of Article 8.

ARTICLE 2: PRICES AND CONDITIONS OF PAYMENT
Article 2.1: Prices
The price of the Product, displayed on the Site, is the one in effect at the time of the order and corresponds to the price of the Service reserved inclusive of all taxes (TTC), plus a booking fee in certain cases.
You may be required to pay locally, directly to the selected Partner, additional costs related to the visitor’s tax, the presence of animals, any additional services taken out by you after placing an order, etc.

Article 2.2: Terms of payment
The possible balance of the payment of the order will be carried out on the spot at your arrival with the partner, according to the following modalities:
– On site by credit card, bank check or cash
– By check-holiday or any other means of payment accepted by the partner
The holiday voucher must be valid at the time of booking and must, to be valid, include the details of the employer, or the social organization awarded. It will be blank of any erasure, overload or mention.

ARTICLE 3: ABSENCE OF A RIGHT OF RETRACT
The legal provisions relating to distance selling provided for in the Consumer Code provide that the right of withdrawal is not applicable to tourist services (Article L.121-20-4 of the Consumer Code).
You will therefore have no right of withdrawal for the purchase of a Product on the Site.

ARTICLE 4: PROOF OF ORDER / ARCHIVING
You are expressly informed that, except for obvious error that you would prove, the data stored in the databases of T.N.P have probative force with respect to orders placed.
Data stored on a computer or electronic medium that is regularly stored is admissible and enforceable evidence in the same terms and with the same probative force as any document that would be received and kept in writing.

ARTICLE 5: AMENDMENT OR CANCELLATION OF BOOKING
By modification, we mean a change of date in the same establishment and for the same stay. Any other case will be considered a cancellation.

Article 5.1: Unavailability, modification or cancellation of reservation due to T.N.P
Particular care is taken to maintain availability directly by the Partners. However, in the event of exceptional unavailability of a Product despite the confirmation of the reservation, you may, at choice:
– find, with the help of T.N.P, another availability date in the same place as the one originally selected
– find with the help of T.N.P another price product equivalent to the date initially selected
Failing to choose one of these alternative solutions, the order will be canceled under the conditions defined below.
In addition, T.N.P reserves the right to cancel your reservation free of charge at any time if due to a cause external to T.N.P (computer bug, price display problem, etc.).

Vous en serez informé et vous disposerez de la même possibilité d’annulation en retour. Pour toute autre annulation ou modification de la commande, vous êtes invité à vous reporter aux articles R211-9 à R211-11 du code de tourisme reproduits ci-dessous.

Article 5.2: Modification or cancellation of the booking by the Customer
Any interrupted or abbreviated holiday or tourist package or any service that you have not used for any reason whatsoever, particularly in the event of no show or late presentation at the Partner’s or at any other place of appointment set in the Product ordered, will not give rise to any loss of information. refund.
If you wish to cancel or modify your stay or your tourist package, by e-mail to the section “Contact” any request for a change of date or cancellation sent by e-mail to customer service via the form “Contact” will be considered as validated after receipt from us of an email confirmation of modification or cancellation.

Unless special provisions relating to providers that are communicated to you in the booking email, the following conditions apply:

If the change is communicated to T.N.P more than 2 days before the start date of the stay, the reservation will be modified according to your wishes within the limits, however, of the dates and possibilities offered by the Partner concerned. In case of price difference on the stay, the customer will have to pay the difference on the spot. The modification will be validated only after the acceptance of the new tariff by the customer. It is specified that the modification of a reservation prohibits any possibility of cancellation later of this reservation.

If a cancellation is communicated to T.N.P more than 2 days before the date of the beginning of the stay, the cancellation will be done free of charge.
Any request intervening in the 2 days preceding the date of beginning of the stay will not be able to give place to any modification or cancellation and the complete payment of the order is due to T.N.P.
The modalities of modification and cancellation more than 2 days before the date of the beginning of the stay, do not apply to a number of so-called specific products because corresponding to exceptional or limited offers. This derogation from the principle of the cancellation or the modification of the order until more than two days before the date of departure, will appear clearly in the card of the product where a specific mention, for example: “non cancellable, non refundable” , will be affixed.

ARTICLE 6: INSURANCE
TRADIFRANCEHOTEL has subscribed, with the company Axa, located at 26 rue Drouot 75009 Paris, under the conditions provided for by law n ° 92-645 of July 13, 1992, a civil and professional liability insurance (N ° 0031072040625287) which covers in particular the consequences pecuniary that may fall on the insured due to bodily injury, material and immaterial damage caused to Customers, Partners or third parties as a result of faults, errors of fact or of right, omissions or negligence committed at the time of his activity d ‘travel agency.

ARTICLE 7: CLAIMS
Except in cases of force majeure and without prejudice to any possible legal remedy, any claim must be made no later than 15 days, from the date of your return, by registered letter with acknowledgment of receipt to TNP or by e -mail on the website under “Contact”, with supporting documents or by contacting the customer service of T.NP – Tel. 03 25 43 80 81 (price of a local call), from Monday to Friday from 9:00 to 12:30 and from 14:00 to 17:00. Your complaints will be sent on receipt to the service provider concerned.

ARTICLE 8: CUSTOMER SERVICE
Any request for information and clarification regarding, in particular, the purchase, refund, exchange, operation of the Products, must be sent to TNP or telephone (non-premium rate), Monday to Friday from 9:00 to 12h30 and from 14h00 to 17h00 on 03 25 43 80 81, or through our Website by referring to the “Contact” section, or by mail, to the following address: TNP Domaine de la Forêt d’Orient 10220 Rouilly Sacey.

ARTICLE 9: INTEGRITY OF THE CONTRACT
The fact that T.N.P does not avail itself at a given moment of one of the clauses of the present General Conditions of Reservation can not be interpreted as being worth renunciation to take advantage later of any one of these conditions.
In the event that one of these provisions should be declared void or deemed unwritten, the validity of the other provisions of the General Conditions of Reservation will not be questioned.

ARTICLE 10: APPLICABLE LAW
The law governing these General Conditions of Reservation and the contract concluded on the occasion of an order for a stay or a tourist package is the French law for all disputes relating, in particular, to their validity, their interpretation, their execution or termination.

ARTICLE 11: JURISDICTIONAL JURISDICTION (SETTLEMENT OF DISPUTES)
Any dispute relating in particular to the validity, interpretation, execution of these General Conditions of Reservation and / or the contract concluded when ordering a stay or a tourist package falls within the competence full and complete courts of France.
In accordance with article R211-12 of the Tourism Code, you will find below a literal reproduction of articles R211-3 to R211-11 of the Tourism Code.

Article R211-5
(Decree No. 2009-1650 of December 23, 2009 – Article 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 submission of appropriate documents that meet the rules defined in this section.
In the case of the sale of air transport tickets or tickets on a regular line not accompanied by services related to such transport, the seller issues to the buyer one or more tickets for the entire journey, issued by the carrier or under his responsibility. In the case of transportation 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 remove the seller from the obligations that are made to him by the regulatory provisions of this section.

Article R211-3-1
(Decree No. 2009-1650 of December 23, 2009 – article 1)
The exchange of pre-contractual information or the provision of contractual conditions is made in writing. They can be done electronically under the conditions of validity and exercise provided for in articles 1369-1 to 1369-11 of the civil code. Mention shall be made of the name or business name and the address of the seller as well as the indication of his registration in the register provided for in Article L. 141-3 or, where appropriate, the name, address and indication of the registration of the federation or the union mentioned in the second paragraph of Article R. 211-2.

Article R211-4
(Decree No. 2009-1650 of December 23, 2009 – article 1)
Prior to the conclusion of the contract, the seller must communicate to the consumer information on prices, dates and other elements of 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 customs of the host country
3 ° The proposed catering services
4 ° The description of the itinerary when it is a circuit
5 ° The administrative and health formalities to be performed by nationals or nationals of another Member State of the European Union or of a State Party to the Agreement on the European Economic Area in the event, in particular, of crossing borders and their completion times;
6 ° Visits, excursions and other services included in the package or possibly available for an additional charge
7 ° The minimum or maximum size of the group allowing the realization of the trip or the stay and, if the realization of the journey or the stay is subordinated to a minimum number of participants, the deadline of information of the consumer in the event of cancellation travel or stay; this date can not be fixed less than twenty-one days before departure
8 ° The amount or percentage of the price to be paid as a deposit at the conclusion of the contract and the payment schedule of the balance
9 ° The terms of revision of prices as provided for in the contract pursuant to Article R. 211-8
10 ° Conditions of cancellation of a contractual nature
11 ° The cancellation conditions defined in articles R. 211-9, R. 211-10 and R. 211-11
12 ° Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or of an assistance contract covering certain particular risks, in particular repatriation costs in the event of an accident or accident. disease
13 ° When the contract includes air transport services, the information, for each section of flight, provided for in Articles R. 211-15 to R. 211-18

Article R211-5
(Decree No. 2009-1650 of December 23, 2009 – article 1)
The prior information given to the consumer commits 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 which elements.
In any case, changes made to the prior information must be communicated to the consumer before the conclusion of the contract.

Article R211-6
(Decree No. 2009-1650 of December 23, 2009 – article 1)
The contract between the seller and the buyer must be in writing, in duplicate, one 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 insurer and 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, 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 according to the regulations or customs of the host country
5 ° The proposed catering services
6 ° The itinerary when it is a circuit
7 ° Visits, excursions or other services included in the total price of the trip or stay
8 ° the total price of the invoiced services as well as the indication of any possible revision of this invoicing under the provisions of the article R. 211-8
9 ° The indication, if applicable, of the fees or taxes relating to certain services such as landing, landing or embarkation fees at ports and airports, tourist taxes when they are not included in the price of the services provided
10 ° The schedule and the terms of payment of the prize; the last payment made by the buyer can not be less than 30% of the price of the trip or stay and must be made when handing the documents to make the trip or stay
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 claim for non-performance or bad execution of the contract, claim which must be sent as soon as possible, by any means allowing to obtain an acknowledgment of receipt to the seller, and, where appropriate, in writing, to the travel organizer and the service provider concerned
13 ° The deadline for information of the buyer in case of cancellation of the trip or stay by the seller in the case where the realization of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7 ° of article R. 211-4
14 ° Conditions of cancellation of a contractual nature;
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 under the insurance contract covering the consequences of the seller’s professional liability
17 ° Information concerning the insurance contract covering the consequences of certain cases of cancellation subscribed by the buyer (policy number and name of the insurer) as well as those concerning the assistance contract covering certain particular risks, in particular repatriation costs in case of accident or illness; in this case, the seller must give the buyer a document specifying at least the risks covered and the risks excluded
18 ° The deadline for information of the seller in case of assignment of the contract by the buyer
19 ° The commitment to provide the buyer, at least ten days before the date planned for his departure, 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 bodies likely to assist the consumer in the event of difficulty or, failing that, the telephone number for urgent contact with the seller
b) For trips and stays of minors abroad, a telephone number and an address allowing to establish a direct contact with the child or the person in charge of his stay
20 ° The clause of cancellation and refund without penalties of sums paid by the buyer in case of non-compliance with the obligation of information provided for in 13 ° of Article R. 211-4
21 ° The commitment to provide the buyer, in good time before the start of the journey or stay, the hours of departure and arrival

Article R211-7
(Decree No. 2009-1650 of December 23, 2009 – article 1)
The buyer may assign his contract to an assignee who fulfills the same conditions as him to carry out the journey or the stay, as long as this contract has produced no effect.
Unless stipulated more favorable to the transferor, he must inform the seller of his decision by any means to obtain an acknowledgment of receipt no later than seven days before the start of the trip. When it comes to a cruise, this period is extended to fifteen days. This transfer is under no circumstances subject to prior authorization by the seller.

Article R211-8
(Decree No. 2009-1650 of December 23, 2009 – Article 1)
Where the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it must mention the precise methods for calculating, upward or downward, the price variation, and including the amount of transport. costs and taxes, currency or currencies that may affect the price of the trip or stay, the share of the price at which the change applies, the price of the currency or currencies used as reference (s) when establishing the price contained in the Contract.

Article R211-9
(Decree No. 2009-1650 of December 23, 2009 – article 1)
Where, before the departure of the buyer, the seller is obliged to make a modification to one of the essential elements of the contract such as a significant increase in the price and when he fails to comply with the information obligation mentioned in 13º of Article R. 211-4, the buyer may, without prejudice to the remedies for damages for possible damage, and after being informed by the seller by any means to obtain an acknowledgment of receipt:
– either cancel his contract and obtain without penalty the immediate reimbursement of the sums paid
– accept the change 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 due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of his departure

Article R211-10
(Decree n ° 2009-1650 of December 23, 2009 – art.1) In the case envisaged with the article L. 211-14, when, before the departure of the buyer, the salesman cancels the trip or the stay, it must inform the buyer by any means to obtain an acknowledgment of receipt. The buyer, without prejudging recourse for compensation for any damage suffered, obtains from the vendor the immediate and without penalty reimbursement of the sums paid. The buyer receives, in this case, an indemnity at least equal to the penalty he would have incurred if the cancellation had taken place at that date.
The provisions of this article do not in any way preclude the conclusion of an amicable agreement for the purpose of acceptance by the buyer of a substitute trip or stay proposed by the seller.

Article R211-11
(Decree No. 2007-669 of May 2, 2007 Article 2 IV Official Journal of May 4, 2007) When, after the departure of the buyer, the seller is unable to provide a preponderant share of the services provided for in the contract representing a significant percentage of the price honored by the buyer, the seller must immediately make the following arrangements without prejudice to the remedies for damages for possible damage:
– either offer benefits in lieu of scheduled benefits, possibly bearing any additional price, and if the services accepted by the buyer are of inferior quality, the seller must refund the difference in price upon his return
– or, if he can not offer replacement services or if they are refused by the buyer for valid reasons, provide the buyer, at no extra cost, with tickets to ensure his return to conditions which may be deemed equivalent to the place of departure or to another place accepted by both parties.
The provisions of this article are applicable in the event of non-compliance with the obligation laid down in paragraph 13 of Article R. 211-4

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