General terms and conditions of sale
Holiday listings accessible on the website www.alpesforyou.com are regulated by articles L211-1 and thereafter, by articles R 211-1 and thereafter of the tourism code and by the following general conditions of sale valid from August 13th 2012.
These general conditions of sale cancel and replace all previous versions.
They are applicable to all online clients who acknowledge having read and understood these conditions of sale before making their booking and having the capacity to enter into a contract, i.e. being over 18 years of age, and not being under guardianship or trusteeship.
1. IDENTIFICATION OF ALPES FOR YOU TRAVEL AGENCY
ALPES FOR YOU SARL
Share Capital of 2 221 980 €
Registered Office : BP 1, 05200 EMBRUN, France.
RCS GAP : 478 161 565
OVS : IM005100019
VAT No : FR 13478161565
Telephone : +33 4 92 405 405 Monday to Saturday during opening hours (standard network cost)
Email : firstname.lastname@example.org
Website : www.alpesforyou.com
ALPES FOR YOU is a registered travel agency with the French National Travel and Holiday Operators’ Register (N° IM005100019)
Financial guarantee : APS 15 Avenue Carnot 75015 Paris
Professional third party insurance : Policy n° 086560777 with GAN (4/6 Avenue d’Alsace 92033 La Défense Cedex) and guaranteeing professional third party insurance to ALPES FOR YOU up to € 1,600,000 per insurance year.
Prices indicated on the website are in euro, VAT included, per week, Saturday to Saturday (unless otherwise stated at time of booking). The offers are valid as long as they are accessible on the website. ALPES FOR YOU reserve the right to modify any offer; in which case, the client would be informed before order confirmation. Prices include accommodation, charges (water, electricity, heating), blankets supply, kitchen equipment. However, for some specific accommodation and periods, electricity and heating consumption can be invoiced separately ; these cases would be communicated to the client before booking.
Excluded from the price are handling charges, bank costs, cancellation insurance, pet supplement, and other specific services that will be invoiced as extra.
All prices have been set according to the economic and tax conditions in effect at the time of online publication of these general conditions of sale.
Promotions : any promotional offers after the date of reservation will not apply to the reservation. Only one single promotional offer can be used per reservation. Promotional offers are not valid for reservations having already been discounted nor for package offers.
3. TOURIST ACCOMMODATION TAX
This tax is collected by some local councils, some public organisations with inter-communal cooperation and various syndicates made up exclusively of local authorities. (General Code of Collectivities L. 2333-26 – L. 3333-1 – L. 5211-21 and L. 5722-6). Payment of this tax is to be paid with the remaining balance payment of the stay.
Reservation is made directly online or by phone with the reservation center from Monday to Friday during opening hours.
Online reservation on the website www.alpesforyou.com : reservation is registered when the client validates the quote that is presented online and once the client communicates his bank details, validates the details of his order, the price and once he has had the possibility to modify any errors, as set out in article 1369-5 of the civil code. Transmission of this validation will create an electronic contract.
The client then receives a confirmation email detailing his request in a printable format, which acts as a written contract as well as the corresponding invoice. If the client does not provide an email address, two copies of the reservation form and the invoice are sent by post to the client.
Once the booking deposit has been paid, the client pays the balance due on the indicated due date, as per the methods of payments accepted by ALPES FOR YOU, such as those indicated in clause 5.
Telephone reservation: the reservation center takes note of the client’s request and registers a provisional booking on the reserved stay, valid for 7 days. Two copies of the reservation form along with the general conditions of sale of ALPES FOR YOU are addressed to the client, who must return them duly dated and signed and accompanied with payment.
Reservation is confirmed on clearance of payment. The client then receives by post the detailed invoice of the stay. As per article L. 121-20-4 of the consumer code, the right to retract applicable to distance sales and set out in articles L. 121-20 and L. 121-20-1 of the consumer code is not applicable to all services proposed by ALPES FOR YOU.
5. METHODS OF PAYMENT
At booking, the client pays a booking deposit of 30% of the total amount of the booking. The balance is payable 30 days before the beginning of the stay or on booking if it is made less than 30 days prior to it.
These payments are made either by credit card (Debit Card, Visa, Mastercard, American Express) or by cheque, holiday voucher or credit transfer.
In the case of payment by credit card, the valid credit card details given at the time of booking are kept until the date of final payment as well as for the holding of a security deposit as outlined in article 6. In the case of payment by cheque or holiday vouchers, valid and correctly completed cheques/vouchers should be addressed to ALPES FOR YOU, BP 1, 05200 EMBRUN, France. When posting the cheques/vouchers, the customer includes clear written details of the file number, the booking reference and the name of the reservation.
Without payment on due date for any reason, reservation is cancelled, the client is held fully accountable and must pay cancellation fees as outlined in clause 7.
6. CONDITIONS OF STAY
Pets : Pets are not welcome in all of the accommodations. Clients are invited to enquire about it at booking. A pet supplement will be requested at booking and a certificate of vaccination on arrival.
Occupation : Children are considered as full occupants regardless of their age. In the case of bunk beds, sleeping on the top bunk is prohibited, by law, to children under the age of 6 (Decree n° 95-949 of 25th August 1995). The agreed accommodation capacity must not be surpassed. In which case, the contract is cancelled immediately with 100% of the costs outlined in Clause 7 payable by the client.
Arrival time : No arrivals are possible outside of the opening hours of the reception office. Clients must inform the reception office of their arrival. Contact details of the reception office appear on the website or on the booking form.
Security deposit – inventory of fixtures – cleaning : Payment of a security deposit is requested at the time of booking, and at least one month before the arrival date. This deposit is paid by the client either by cheque (payable to ALPES FOR YOU), or by credit card. In the case of payment by credit card, the client communicates valid credit card details at the time of booking, thus giving a guarantee limited to the total of the security deposit detailed at the bottom of the invoice.
It is expressly agreed by all relevant parties that ALPES FOR YOU assumes ownership of the total security deposit to offset any amounts due by the client in the case of any defective maintenance, any damage, any abnormal wear and tear noted at the end of the stay. On arrival, it is the responsibility of the client to verify that the state of the accommodation and its fixtures comply with the description and inventory list supplied. All claims on this matter must be made within 48 hours of entering the property. Failing to do this, the client is held responsible for any damage or missing items noted on departure and will be liable for any necessary fixing or replacement costs. In that respect, the client usually mandates in writing a representative from the reception office to represent him during the check of the inventory of fixtures on departure. However, the client can set a time with the representative from the reception office in order to be present during this check (48 hours notice required). The security deposit will be returned to the client by post three weeks after departure, after possible deductions of cleaning and/or replacement costs liable by the client.
If the client wishes to cancel his booking, he must send a registered letter with acknowledgement of receipt, which will be taken into account on receipt.
In that case, cancellation fees are as follows :
30% of the total cost for a cancellation made more 60 days at 31 days prior to the beginning of the stay
50% of the total cost for a cancellation made between 30 days and 17 days prior to the beginning of the stay
75% of the total cost for a cancellation made between 16 days and 8 days prior to the beginning of the stay
100% of the total cost + handling charge €28 for a cancellation less than 8 days prior to the beginning of the stay or an early termination of the stay.
8. MODIFICATIONS OF CONDITIONS OF STAY
If, in the case of an act of God, the reserved apartment is not available, the client is informed of the situation and has the choice between cancelling the contract or an alternative accommodation. In the case of cancelling, ALPES FOR YOU will refund fully and without any cost all payments made by the client. If the client accepts an alternative accommodation, it will be of a similar category. In the case where a similar category accommodation is not possible, a superior category of accommodation will be proposed at no extra cost to the client. The client cannot request any other compensation. These modifications are subject to administrative regulation.
9. SPECIFIC SERVICES AND ACTIVITIES
The client must strictly comply with the instructions of the representative and with the relevant security measures of the specific activities booked. Otherwise, the client is held entirely responsible for any damage resulting from non compliance to these instructions. ALPES FOR YOU will not be held liable in the case of failure or improper execution of the contract by the client or in the case of an act of God or because of a third party foreign to the supply of the service outlined in the contract. ALPES FOR YOU cannot be held responsible for information given by the resorts in relation to their opening or closing dates.
In the case where the client wishes to file a complaint about his stay, he must do so with ALPES FOR YOU at the address indicated in Clause 1, within eight days of departure, by registered post with acknowledgement of receipt indicating all information relating to his stay. He must also enclose any relevant supporting proofs to his complaint.
The resulting contracts for the provision of services concluded via the ALPES FOR YOU website are subject to French law. Any arising disputes will be directed to the appropriate tribunals under the conditions of common law.
12. DATA PROCESSING
By application of law 78-17 of the 6th January 1978, is it reminded that personal data as asked to the client is necessary for processing his reservation and could be used, unless otherwise stated by the client, for sending commercial information. The processing of information communicated via the ALPES FOR YOU website has been registered with CNIL. The client has, as per the regulations in force, a permanent right to access, modify, rectify, oppose and delete his personal data with ALPES FOR YOU.
13. MULTI-RISK AND CANCELLATION SEASONNAL RENTAL INSURANCE
No insurance is included in our prices. However, ALPES FOR YOU propose to the client, at booking, the subscription to an optional multi-risk and cancellation seasonal rental insurance, with the company ACE Europe, suited to this type of stay. In the case where the client accepts this offer, he receives the general conditions of sale of the insurance company when booking his stay. The client may however choose to purchase an insurance with any other company of his choice, in which case, we advice him to verify the extent of the guarantees included.
COPY OF ARTICLES R 211-5 TO R 211-13 OF THE TOURISM CODE BY APPLICATION TO ARTICLE R 211-14
Subject to the exclusions provided for a and b of the second paragraph of Article L. 211-8, any offer and sale of any provision of travel or stays give rise to the delivery of appropriate documents that meet the rules set by this section.
In the case of sale of air tickets or tickets for a scheduled route with no added services, the seller gives the buyer one or more travel tickets for the entire trip, issued by the carrier or under its responsibility. In the case of chartered route, the name and address of the carrier, for which these tickets are issued, must be mentioned.
The separate invoicing of the various elements of the same travel package does not take away from the seller the obligations made to him by the regulatory provisions of this section.
Prior to the conclusion of the contract and on the basis of a written document, bearing its name, address and an indication of its administrative authorisation of business, the seller must provide the consumer information on prices, dates and other relevant details of the services provided on the event of travel or stay such as:
1 º The destination, the means, characteristics and categories of transport used;
2 º The type of accommodation, its location, its level of comfort and its main characteristics, its official ratification and tourist classification corresponding to the regulations or norms of the host country;
3 º The meals provided;
4 º The description of the tour itinerary when applicable;
5 º The administrative and health formalities to be carried out, in the case of, notably, border crossings, as well as their timeframe for completion;
6 º The visits, excursions and other services included in the package or possibly available at an extra cost;
7 º The minimum or maximum number of people in the group necessary for the travel or stay and, if the travel or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of travel or stay; this date may not be set less than twenty-one days before departure;
8 º The amount or percentage of the price to be paid as a deposit at the conclusion of the contract and the timing for payment of the balance;
9 º The terms of price revision as outlined by the contract in application to Article R. 211-10;
10 º The conditions of cancellation of a contractual nature;
11 º The conditions of cancellation set out in Articles R. 211-11, R. 211-12 and R. 211-13;
12 º The details concerning the risks covered and the amount of the securities purchased under the insurance contract covering the consequences of professional civil liability of travel agents and civil liability of associations and non-profit organisations and local tourism organisations;
13 º The information on a voluntary insurance contract covering the consequences of certain cases of cancellation or a contract of assistance covering certain specific risks, notably costs of repatriation in case of accident or illness.
14° When the contract includes air transport, information, for each sector, as covered in articles R. 211-15 to R. 211-18.
The information made prior to the consumer commits the seller, unless in the former the seller has expressly reserved the right to modify certain elements of it. The seller must, in this case clearly indicate to what extent this change can occur and the elements concerned.
In any event, changes made to the prior information must be communicated in writing to the consumer before the conclusion of the contract.
The contract concluded between the seller and the buyer must be written, prepared in duplicate, one of which is given to the buyer, and signed by both parties. It must include the following clauses:
1 º The name and address of the seller, its guarantor and its insurer as well as the name and address of the organiser;
2 º The destination or destinations of travel and, if in case of split trip, the various periods and their dates;
3 º The means, characteristics and categories of transport used, the dates, times and places of departure and return;
4 º The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification under regulations or norms of the host country;
5 º The number of meals provided;
6 º The tour itinerary when applicable;
7 º The visits, excursions or other services included in the total price of travel or stay;
8 º The total price of services invoiced as well as the indication of any revision of this invoicing under the provisions of Article R. 211-10;
9 º The indication, if applicable, of fees or taxes for certain services such as landing, boarding or disembarking fees at ports and airports, tourist accommodation taxes when not included in the price of the service(s) provided;
10 º The timing and terms of payment; the last payment made by the buyer cannot be less than 30% of the cost of travel or stay and must be made at the handover of the documents enabling the journey or stay;
11 º The specific conditions requested by the buyer and accepted by the seller;
12 º The terms in which the buyer can take a claim against the seller for failure or improper execution of contract, a claim which must be addressed as soon as possible, by registered letter with acknowledgement of receipt to the seller and, where appropriate, reported in writing to the organiser of the trip and the service provider concerned;
13 º The deadline for informing the buyer in case of cancellation of travel or stay by the seller in the case where the journey or stay is dependent on a minimum number of participants, in accordance with the provisions of 7º Article R. 211-6;
14 º The conditions of cancellation of a contractual nature;
15 º The conditions of cancellation set out in Articles R. 211-11, R. 211-12 and R. 211-13;
16 º The details concerning the risks covered and the amount of guarantees under the insurance contract covering the consequences of professional civil liability of the seller;
17 º The information concerning the insurance contract covering the consequences of certain cases of cancellations taken out by the buyer (policy number and name of the insurer) as well as information concerning a contract of assistance covering certain specific risks, notably repatriation costs in case of accident or illness, in which case the seller must give the buyer a document outlining at least the risks covered and risks excluded;
18 º The deadline for informing the seller when transferring the contract by the buyer;
19 º The commitment to provide in writing to the buyer, at least ten days before the scheduled date for departure, the following information:
a) The name, address and telephone number of local representation of the seller or, failing that, names, addresses and phone numbers of local organisations that can assist the consumer in case of difficulty or, failing that, the phone number to enable urgent contact with the seller;
b) For travel and stay of minors abroad, a telephone number and an address to enable direct contact with the child or the person on site in charge of the stay.
20° The clause of cancellation and refund without penalty of the paid amounts by the buyer in the case of non-respect of the obligation of information as set out in 14° of article R. 211-6.
The buyer may assign his contract to a transferee who meets the same conditions as him to make the journey or stay as long as that contract has produced no effect.
Unless stipulated more favorably to the transferor, he is obliged to inform the seller of his decision by registered letter with acknowledgement of receipt no later than seven days before the beginning of the trip. In the case of a cruise, this period is extended to fifteen days. The transfer is subject, in any case, to a prior authorisation by the seller.
When the contract contains an explicit possibility of a price change, within the limits set out in Article L. 211-13, it must indicate the precise terms of calculation, as much upward as downward, price changes, and, notably, the amount of transportation costs and taxes related thereto, the currencies that may have an effect on the price of travel or stay, the part of the price to which the change applies, the rate of the currency used as reference when drawing up the price contained in the contract.
When, before the departure of the buyer, the seller is obliged to make a change to one of the essential elements of the contract such as a significant increase in the price, and when he misjudges the obligation of information mentioned in 14° of article R. 211-6, the buyer may, without prejudice to appeal for compensation for possible damage suffered, and after having been informed of it by the seller by registered letter with acknowledgement of receipt:
-- Either terminate his contract and obtain without penalty the immediate repayment of amounts paid;
-- Either accept the change or alternative travel proposed by the seller; an addendum to the contract specifying the changes is then signed by the parties, any price reduction offsets any outstanding amounts due from the buyer and, if the payment already made by the latter exceeds the price of the amended provision, the overpayment should be returned before the date of departure.
In the case set out in Article L. 211-15, when, before the departure of the buyer, the seller cancels the travel or stay, he must notify the buyer by registered letter with acknowledgement of receipt; the buyer, without prejudice to appeal for compensation for possible damage suffered, obtains from the seller an immediate refund of payments without penalty; the buyer receives, in this case, compensation at least equal to the penalty he would have supported if the cancellation was made by him on that date.
The provisions of this Article shall in no way hamper the conclusion of a mutual agreement with the object of acceptance, by the buyer, of an alternative travel or stay proposed by the seller.
When, after the departure of the buyer, the seller is unable to provide a dominant share of services agreed in the contract representing a significant percentage of the price honoured by the buyer, the seller must immediately take the following actions without prejudice to the appeal for compensation for any possible damage suffered:
-- Either, offering services in lieu of services agreed and bearing any possible extra cost and, if the services accepted by the buyer are of inferior quality, the seller must refund, upon the buyer’s return, the price difference;
-- Or, if the seller cannot offer any replacement services, or, if they are rejected by the buyer for valid reasons, provide the buyer, at no extra cost, tickets to ensure his return in conditions that can be considered equivalent to the place of departure or to another place accepted by both parties.
The provision of the present article are applicable in case of non-respect of the obligation set out in 14° of article R. 211-6.