SARL S’ONORE VOYAGES, PLAISIRS ET MAISONS DE PROVENCE would like to point out that this translation is provided for information purposes only. In case of a dispute, the French version of the General Sales Agreement will prevail.
The purchase of stays or dry called services (overnight stays in several accommodations, trips…) from the company SARL S’ONORE VOYAGES, PLAISIRS ET MAISONS DE PROVENCE, hereinafter “the agency”, leads to the client’s whole accession to the general conditions of sale and the unconditional acceptance of their entire clauses.
The travel contract is deemed concluded only on the following TRIPLE conditions:
- The reservation must have been confirmed by the agency, at the time of booking if availability of accommodations or stays at the chosen dates permits.
- A copy of the signed voucher and its attachments (brochure and schedule of prices), containing information required by the provisions of Articles L211-10 and R211-6 of the French Code of Tourism, along with any errata, must have been delivered to the client who keeps a copy;
- The reservation will definitely be confirmed upon receipt of the deposit payment, along with the description signed by the client proving his acceptation.
Should no answer be received within 3 days, the reservation will automatically be cancelled. The client cannot withdraw himself once the contract is concluded, even in the case of a distance sale (article L211-20-4 of the French Code of Consumption).
As part of a process of Responsible Tourism, the agency favors the use of the electronic version for travel documents. Thus, all relevant information and documents necessary for the journey are sent by email to the email address provided to the agency by the client upon booking.
At registration, the client pays a deposit of 30% of the total amount of the price of the trip. The payment can be made by check, vacation checks, credit card or wire transfer payable to “PLAISIRS ET MAISONS DE PROVENCE”.
The client must pay the balance at the latest 30 days before the departure date.
Default of payment within the here above mentioned time, and after giving notice by registered letter with acknowledgment of receipt, issued by the agency, which remained with no effect within the 5 days after the date of the acknowledgment, the contract will be deemed terminated by the client, and the agency will make under article 10 relating to cancellation fees.
When registration is made less than 30 days before departure, the client pays the total price of the trip.
Where the term "guaranteed departure" is used or when it is not mentioned a minimum number of participants, the agency does not make the realization of a trip or a stay depending on a minimum number participants. When a minimum number of participants is forecasted and is not reached, the agency shall inform the client, at least 21 (twenty-one) days before the departure date. The silence of the agency is confirmation of the departure and removal of the condition of the minimum number of participants.
The agency draws the attention of client with physical, mental or psychological health problems on the needed autonomy to carry out certain trips. The agency recommends medical examination prior to travel.
In case of a cancellation, the insurance premium, the cost of visas, when obtained, are not refundable.
When cancellation comes from the client, a lump sum is withdrawn as compensation:
- More than 30 days before departure: 25% on the total amount of the stay
- Between 30 and 11 days before departure: 50% on the total amount of the stay
- Between 10 and 8 days before departure: 60% on the total amount of the stay
- Between 7 and 3 days before departure: 80% on the total amount of the stay
- Less than 3 days before departure: 100% on the total amount of the stay
When the client does not appear at the departure of the first provision of services at the time and place mentioned in his travel book, or if the client is unable to participate because the client did not produce the necessary travel documents (in particular passport, visa, vaccination certificate), the trip will not be reimbursed in any way. The cancellation fees can be covered by taking out cancellation insurance.
Any modification of the travel contract, at the request of the client, more than 30 days prior to the departure date, leads to a 40€ handling fee, unless the request is justified by a external event to the contract which imposes itself on the contract. Any modification request, less than 30 days prior to the departure date, is considered a cancellation on behalf of the client, leading to the application of the cancellation fees mentioned in the article 10, and a new registration.
If within 30 days prior to departure, the agency was to cancel the travel contract, it would have to notify the client by registered letter with acknowledgment of receipt and refund the sums paid for the contract.
Moreover, the client would be granted an indemnity equal to the prejudice he would have suffered if the cancellation had been made by him at that date.
However, an amicable agreement can intervene so as to receive approval from the client on an alternative trip or stay proposed by the agency. In such case, no indemnity is paid out to the client. If the client does not reply to this alternative trip or stay proposal within 7 days from acknowledgment of receipt here above mentioned, the client will be deemed to having agreed to such trip or stay.
In any case, the client cannot claim any compensation if the cancellation of the trip is imposed by circumstances of force majeure. Also, the client will not be able to claim to compensation of the cancellation of the trip is due to insufficient number of participants within 21 days prior to the date of departure and beyond.
When, before departure, because of an external event that imposes itself to the agency, the agency has to modify one of the key elements of the contract, it will notify the client as soon as possible by registered letter with acknowledgment of receipt.
The client can then either terminate the contract or accept the modification proposed by the agency. If the client wishes to terminate the contract, he will be able to ask for a refund of the total of the amounts paid. In both cases (termination or acceptation of the modification), the client will have to notify the agency within 7 days from acknowledgment of receipt here above mentioned.
If the client does not reply to this alternative trip or stay proposal within 7 days from acknowledgment of receipt, the client will be deemed to having agreed to the proposed modification. An addendum detailing the change or changes will be signed between the parties.
The prices mentioned on the Internet website www.provence-plaisirs.com are examples of the prices applicable for the periods indicated. The price of the trip must be confirmed by the agency to the client upon registration.
For travels and stays, the fixed nature of our prices exclusively includes a set of services detailed in the description of each offering.
The basic package per person usually includes:
- Accommodation in double bedrooms in the mentioned category.
- Access to the services and facilities of the accommodation according to the description given to the client.
- The excursions or events scheduled and listed on the brochure or the description given to the client.
The basic package per person does not include, notably:
- the cancellation, repatriation and luggage insurances.
- Supplements, beverages, personal expenses.
- Gratuities to be paid locally.
- The payable options.
The « payable activities » are activities that are offered and organized by providers not linked to the agency. These activities, for which the client has free choice, are subject to the general conditions of sales of such providers. The information given by the agency is purely informative and does not involve the liability of the agency.
The prices under the contract are not reviewable, except in the following case: stay subject to a minimum number of participants. A supplement can be asked to the client to maintain the activities required to pay the minimum fee due to providers.
In its brochure, the agency writes about the classification of accommodations with stars or by category as decided by the French Ministry of Tourism. Triple or quadruple bedrooms are double bedrooms in which a third, or even a fourth, bed is added in the same space. The agency recommends, for parties of 4, to take two double bedrooms or designated family bedrooms.
The agency submits to the client a full and detailed description of the property, set in good faith, according to the information given by the owners.
The maximum number of people allowed in the rental (adults and children included) is also specified in the description. In case of an excess of people, the owner has the right to either refuse entry to the tenants, or claim an indemnity equal to the rent per extra person and per day of presence on the premises.
Proof of civil insurance for vacation purposes, should be attached to this contract.
The final cleaning fee paid by the tenant comprises the return of a clean lodging (cleaning and dust). A surcharge of cleaning (non-exhaustive listing : napkins, spots, house and exterior in disorder) will cause a sur-charge of the cleaning fee.
The information regarding the arrival conditions will be given to the client upon receipt of the full payment and the signature of the sale contract. It will specify where the keys will be handed over.
the access to the bedrooms is possible after 2pm. On the day of departure, the bedrooms must be vacated by 10am, even if the departure is in the evening.
The keys will be handed over to the client as soon as the security deposit has been made to the agency or to one of its representatives on the day of the arrival (the amount having been previously defined in the description and in the sale contract).
The security deposit will be refunded on the day of departure, after inventory of the premises. Exception is made when damages were caused to the property. The security deposit will be refunded within the legal period of 2 months, less the amount for any damages.
If the security deposit is insufficient, the client must pay the difference or ask his insurance to cover the expense.
The Half-board includes: a dinner, an overnight stay and breakfast.
The full-board stay includes: a dinner, an overnight stay, breakfast and lunch.
Beverages, including bottled water, are to be paid on the premises, except otherwise mentioned in the brochure.
In the "all inclusive" offer, the services stop after lunch on the day of departure.
For excursions purchased on site, beverages and meals taken outside of the accommodation are not included, even in case of a full-board, except when otherwise mentioned in the description given to the client by the agency. The accommodation facilities do not provide packed lunches to compensate.
The stages of the tour can be modified depending on local imperatives during which some of the planned destinations are temporarily impossible to reach. They can be reversed or shifted.
However, the entire visit must be made whenever possible. The names of the accommodation are given for information purposes and can be replaced by others of similar category.
It is up to the agency to communicate to the client, before the deed is signed, the information regarding the different administrative, customs and sanitary requirements necessary to accomplish the trip and to cross borders, including for minors and pets.
It is up to the client to scrupulously respect those formalities, and as such bearing the costs and making sure that the full names mentioned on the travel documents match precisely the ones on their identity cards, passports or visas. The agency will not be held responsible for any failure on behalf of the client to respect such obligations, in particular in case he’s denied access to boarding or disembarking and/or fined.
The administrative paperwork indicated in the heading for each country is only meant for people of French nationality. Please consult the agency for other cases. If new requirements regarding administrative or health dispositions were to be laid down by the destination country, between the date of publication of the brochure and the date of departure, the agency will notify the client by registered letter with acknowledgment of receipt, or by wire depending on the date of the above mentioned arrangements.
The agency does not accept the registration of an unaccompanied minor. As a consequence, it will not be reproached to the agency to refuse to sign a travel contract with an unaccompanied minor. Similarly, the agency cannot be held responsible if, despite this prohibition, an unaccompanied minor is enrolled, without its knowledge, to one of the travels or stays.
The agency is not responsible for any personal items that have been misplaced, lost or forgotten during the trip, the transportations or the stays, and recommends neither putting valuable personal items in luggage nor taking valuable personal items along
LThe client can transfer his contract as long as it has not produced its effect, if the transferee meets the same conditions as him to travel or to make the trip or stay (identical accommodation options and boarding, same trip offer, same number of passenger, same children in the same age bracket).
The client cannot transfer its insurance or assistance contract. The client is obliged to notify the travel agency of his decision by registered letter with acknowledgment of receipt at the latest seven days prior to the date of commencement of the trip of stay or at the latest fifteen days prior to the date of departure in case of a cruise.
The transfer leads to an additional handling fee of a minimum of 30€ per person. If the handling fees are higher than those listed, the agency immediately informs its client and provides him with the necessary justifications.
Transportation is not included. The agency does not provide either the transportation or the transfer to go to the accommodation.
Pre-routing and post-routing are at the sole discretion of the client are, in any case, his exclusive responsibility.
The information collected is necessary for the agency to process your order and may be transferred to our service providers, including when they are out of the European Union, in order to allow the fulfillment of the services ordered.
You are likely to receive commercial offers from the agency and its partners. The client can object to this use through registered letter with acknowledgment of receipt. The client has a right to access and alter any personal information.
Being a strictly personal right, the right to access and alter information will only be exercised by its holder with proof of identity or its legal representative should it concern a minor or an incompetent major. It will be exercised through registered letter with acknowledgment of receipt.
No insurance is included in the travel contract. The agency strongly recommends the client to take out the offered insurance. The agency gives the client the details and information required under articles R.211-4 and R.211-6 of the French Code of Tourism.
To subscribe, the client will have to pay a premium equal to 3% of the global amount of the stay and return the coupon attached to the travel contract.
The risks covered are: rental insurance, refund of the deposit only in case of a motivated cancellation, interruption of the stay or delayed entry, salvage charges (according to the conditions in the contract entered into by the agency).
The agency will be exempt from its liability when the failure or improper performance of the travel contract is due to either the client or to unforeseeable and irresistible act of a third party foreign to the provision of the services contracted, or to a case of force majeure.
In order to respect its professional liability, the agency has taken out an insurance provided by GAN EUROCOURTAGE – CBT ATLAS ASSURANCE 2 BIS RUE FONTANGE – 13006 MARSEILLE, for an amount of guarantee, all damages included (physical, material and immaterial consequential or included) of 7,000,000€ per year of insurance.
Any claim for breach of contract or improper performance of the travel contract must be notified in writing to the agency as soon as possible, so that it can, whenever possible, provide a solution to the problem, within a maximum period of 15 days after the finding of the cause of complaint. Regarding the case of the seasonal rental, in case of a claim, it must be made within a maximum of 48 hours after taking charge the premises so that the agency can directly assess the situation.
SARL S’ONORE VOYAGES, PLAISIRS ET MAISONS DE PROVENCE would like to point out that only the French versions of the texts published in the Official Journal have legal force and that the translations are provided for information purposes only.
Subject to the exclusions in a and b of the second paragraph of Article L. 211-8, any offer and sale of travel services or strays leads to the delivery of relevant documents meeting the rules defined by this section.
In case of sale of airline tickets or tickets for transportation on a regular line without services related (thereto?) to those mode of transportations, the seller will give to the buyer one or several tickets for the whole trip, issued by the carrier or under his responsibility. In case of an on request transportation, the name and address of the carrier, on whose account the tickets were issued, must be mentioned. The separate billing of various components of a same tourist package does not relieve the seller to the obligations placed upon him by the rules in this section.
Prior to the signature of the contract, and on the basis of a written document bearing the name of the company, its address and details of its administrative authorization to practice, the seller must provide the consumer with details on the prices, dates and other components constituent of the services provided during the trip or stay such as :
1° The destination, the means, the characteristics and categories of the transportation used;
2° The type of accommodation, its location, his level of comfort and its main characteristics, its certification and its tourist classification corresponding to the regulations or customs of the host country ;
3° The provided meal services;
4° The description of the itinerary when it’s a tour;
5° The administrative and health formalities to accomplish by (French) nationals or nationals of an another country member of the European Union or member of the European Economic Area in case, notably, of border crossing and their times of completion;
6° The visits, excursions and other services included in the package or possibly available at an extra cost;
7° The minimum or maximum size of the group enabling the travel or stay, as well as, if the stay or travel is subject to a minimum number of participants, the deadline for informing the consumer in case of a cancellation of the trip or travel ; this date cannot be set less than twenty-one days before departure ;
8° The amount or percentage of the price to be paid as a deposit at the signature of the contract, as well as the payment schedule of the balance;
9° The terms of price revision as provided in the contract according to article R.211-10;
10° The conditions for a contractual cancellation;
11° Cancellation policy set out in articles R.211-11, R.211-12 et R.211-13;
12° Details of the risks covered and the amount of coverage under the insurance contract covering the consequences of professional civil liability of travel agents and civil liability of associations and nonprofit organizations and local tourism organizations ;
13 ° Information concerning optional insurance contract covering the consequences of certain cases of cancellation, or concerning a contract of assistance covering certain specific risks, including costs of repatriation in case of accident or disease;
14 ° When the contract includes air transportation, information for each flight leg, under articles R. 211-15 to R. 211-18.
The prior information given to the consumer binds the seller, unless in it, the seller has expressly reserved the right to modify certain elements. The seller must, in such case, clearly indicate to what extent this modification may occur and on what elements.
In any case, changes to the prior information must be communicated to the consumer before the contract is signed.
The contract concluded between the buyer and the seller must be in writing, established in duplicate, one of which is delivered to the buyer, and signed by both parties. When the contract is concluded through electronic way, the provisions of articles 1369-1 à 1369-11 of the Civil Code apply. The contract must contain the following clauses:
1° The name and address of the seller, his guarantor and his insurer as well as the name and address of the organizer;
2° The destination or destinations of the trip and, in case of a split trip, the different periods and their dates;
3° The means, the characteristics and categories of transport used, the dates and places of departure and return;
4° The type of accommodation, its location, its level of comfort and its main features and its tourist classification under the rules or customs of the host country ;
5° The number of meals provided;
6° The itinerary in case of a tour;
7° The visits, excursions and other services included in the total price of the trip or the stay;
8° The total cost of the services invoiced as well as the indication for any possible change of such billing under the provisions of article R.211-10;
9° The indication, if any, of charges or fees for certain services such as landing taxes, disembarking or boarding in harbors or airports, tourist tax when not included in the price of the service or services provided ;
10° The schedule and mode of payment; the last payment made by the buyer cannot be less than 30% of the trip or stay and must be made when receiving the documents allowing the realization of the trip or stay;
11° The special conditions requested by the buyer and accepted by the seller;
12° The conditions under which the buyer can refer a claim to the seller for default or improper performance of the contract, claim which must be addressed as soon as possible, by any mean allowing him to receive acknowledgment of receipt, and, when possible, reported in writing to the tour operator and to the service provider concerned.
13° The deadline for informing the buyer in case of a cancellation of the trip or stay by the seller in case the realization of the trip or stay is subject to a minimum number of participants, according to provisions of n°7° of article R.211-6;
14° The conditions for a contractual cancellation;
15° Cancellation policy set out in articles R.211-11, R.211-12 and R.211-13;
16° Details of the risks covered and the amount of coverage under the insurance contract covering the consequences of professional civil liability of the seller ;
17 ° Information concerning the insurance contract taken out by the buyer (policy number and name of the insurer) covering the consequences of certain cases of cancellation, as well as information regarding a contract of assistance covering certain specific risks, notably costs of repatriation in case of accident or disease; in this case, the seller must give a document specifying at least the risks covered and excluded to the buyer ;
18 ° The deadline for informing the seller in case of transfer of the contract by the buyer;
19 ° The commitment to provide to the buyer, at least ten days prior to his scheduled date of departure, the following information:
a) The name, address and telephone number of the seller's local representative or, if not, the names, addresses and telephone numbers of local agencies likely to assist the consumer in case of difficulty or, alternatively, the telephone number to urgently establish a contact with the seller ;
b) for trips and stays of minors abroad, phone number and address to establish direct contact with the child or the person in charge on sight during his stay ;
20 ° The clause for termination and refund without penalty of the sums paid by the buyer in case of non-compliance with the disclosure requirement under n°13 of article R. 211-4.
21° The commitment to give the buyer, in due course before the commencement of the trip or stay, the times of departure and arrival.
The buyer can transfer his contract to a transferee who meets the same conditions as him to make the travel or stay, as long as the contract has not produced its effect.
Unless otherwise more favorable to the transferor, he must inform the seller of his decision by any mean allowing him to receive acknowledgment of receipt at the latest seven days before the beginning of the trip.
When it is a cruise, this period is extended to fifteen days. The transfer is, in any case, not subject to the seller’s approval.
When the contract includes an express right to revise prices, within the limits laid down in Article L. 211-13, it must indicate how the calculation is done, either upward or downward price changes, price fluctuation, and notably the costs of transport and related taxes, the currency or currencies that may affect the price of travel or stay, the share price at which the fluctuation applies, the price of the currency or currencies used as a reference when establishing the price stated in the contract.
When, before the departure of the buyer, the seller is forced to make a change to one of the essential terms of the contract such as a significant price increase and when he disregards the obligation of information mentioned at n°14 of article R. 211-6, the buyer may, without prejudice to an appeal in redress for possible damages that were suffered, and after having been informed by the seller by any mean allowing to receive an acknowledgment of receipt:
- either cancel the contract without penalty and obtain immediate refund of amounts paid;
- or accept the amendment or replacement travel proposed by the seller;
an addendum to the contract specifying the changes made is then signed by the parties and any decrease in price is deducted from the sums due by the buyer, and if the payment already made by the latter exceeds the price of the service changed, overpayment must be refunded before the date of his departure.
In the case provided for in article L.211-15, where, before the departure of the buyer, the seller cancels the trip or stay, he must inform the buyer by any mean allowing to receive an acknowledgment of receipt ; the buyer, without prejudice to recourse in redress for possible damage, obtains from the seller the immediate refund without penalty of the sums paid ; the buyer receives, in this case, an indemnity equal to the prejudice he would have suffered if the cancellation had been made by him at that date.
The provisions of this article do not in any way interfere with the conclusion of an amicable agreement, subject to the acceptance of the buyer, of an alternative travel or stay offered by the seller.
When, after the departure of the buyer, the seller is unable to provide a proportion of the services under the contract which represents a significant percentage of the price paid by the buyer, the seller must immediately take the following course of action without prejudice to recourse in redress of possibly incurred damages:
- either provide services to replace the services forecasted by possibly bearing any additional cost and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him, upon his return, the price difference;
- or, if he cannot propose any alternative service or if they are refused by the buyer for valid reasons, provide the buyer at no extra cost, with transportation tickets to ensure his return under conditions that may be considered equivalent to the place of departure or any other place agreed by both parties.
The provisions of this article shall apply in case of non-compliance with the obligation under n°14 of article R. 211-6.
LThe provisions of the articles R.211-5 à R.211-3 must mandatorily reproduced in the brochures and travel contracts offered by the people mentioned in article L.211-1.
The buyer cannot invoke the application of the clause listed at n°20 of article R.211-8 once the service has been provided.