General terms and conditions of sale

General Terms and conditions of sale

In accordance with articles L211-8 and L211-18 of the Code of Tourism, the provisions of articles R211-5 to R211-13 of the Code of Tourism, whose text is reproduced below, are not applicable to reservations or the sale of travel tickets that are not within the framework of fixed tourist prices.

The brochure, the quotation, the proposal, and the organiser’s schedule constitute the preliminary information required by article R211-7 of the Code of Tourism. Consequently, in the absence of any contrary conditions appearing within this document, the particular characteristics, conditions and prices of the trip as shown in the organiser’s brochure, quotation, and proposal will form a contract after the receipt is duly signed.

In the absence of a brochure, quotation, programme and proposal, this document constitutes, prior to its signature by the purchaser, the preliminary information required by article R211-7 of the Code of Tourism. It will be null and void if it is not signed within 24 hours of its emission.

In the event that this contract is transferred, the assignor and/or the assignee will be liable to discharge the expenses which result from it. When these expenses exceed the amounts stated at the point of sale and those mentioned in the contractual documents, supporting documentation must be provided.

Tarentaise Tours has entered into an insurance contract with company Gan Eurocourtage IARD, 4-6 avenue d’Alsace 92033 LA DEFENSE Cedex, guaranteeing its Professional Civil Liability in the amount of 2 300 000 € per year.

Article R211-5 : Subject to the exclusions specified in the second paragraph (a and b) of article L.211-8, any offer and sale of travel and stay services requires the remittance of relevant documents meeting the rules defined hereby.

In the case of sale of air tickets or standard airline tickets excluding the services related thereto, the seller delivers to the purchaser one or several tickets for the entire trip issued by the carrier or under its responsibility. In the case of transport on request, the name and address of the carrier for whom the tickets are issued must be indicated.

Separate billing of various elements in the same tourist package price does not release the seller from its obligations under the present article.

Article R211-6 : Prior to the conclusion of the contract and by means of a written medium bearing its company name, address and the indication of its administrative business authorization, the seller must provide the consumer with information on prices, dates and other elements as part of the 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 situation, its level of comfort and its main characteristics, its certification and tourism classification corresponding to the regulation or customs of the host country;

3) The meals provided;

4) Description of the itinerary when it’s a tour;

5) The administrative and health procedures to satisfy especially when crossing borders, and their times of completion;

6) The visits, excursions and other services included in the package price or possibly available with a price supplement;

7) The smallest or largest size of the group which permits realization of the travel or stay as well as, if realization of the travel or stay is subject to a minimum number of participants, the deadline provided for informing the consumer in the event of travel or stay cancellation; this deadline cannot be less than twenty-one days before departure;

8) The amount or percentage of the price to pay as an instalment upon conclusion of the contract and the schedule of payment for the balance;

9) The modes of price revision as specified by contract pursuant to article R211-10.

10) The terms and conditions of contract cancellation;

11) The terms and conditions of cancellation are defined in articles R211-11, R211-12 and R211-13 hereinafter.

12) The specific information related to the risks covered and the subscribed amount of coverage, under an insurance contract, for the consequences of professional civil liability of travel agencies and of civil liability of non-profit associations and entities, and local tourist entities;

13) Information regarding optional subscription to an insurance contract covering the consequences of certain events of cancellation or to assistance contract covering certain specific risks, especially the cost of repatriation on grounds of accident or sickness.

14) When the contract includes air transport services, the information applicable to each leg of the flight as specified by articles R.211-15 to R.211-18.

Article R211-7: The prior information provided to the consumer binds the seller, unless the latter expressly reserved the right to change some elements therein. In such case, the seller must clearly indicate to what extent these changes may occur and in which elements.

In any event, the changes made in the prior information must be transmitted to the consumer in writing before conclusion of the contract.

Article R211-8 : The contract concluded between the seller and the purchaser must be established in writing in two copies, one of which is for the purchaser, and signed by the two parties. It must set forth the following provisions:
1) The name and address of the seller, its guarantor and insurer as well as those of the organizer;
2) The travel destination (s) and, in the case of a fragmented trip, the various periods and their dates;
3) The means, characteristics and categories of transport used, the dates, hours and locations of departure and return;
4) The type of accommodation, its situation, level of comfort and main characteristics, its tourist classification by virtue of the regulations or customs of the host country;
5) The number of meals provided;
6) The itinerary if it’s a tour;
7) The visits, excursions or other services included in the total price of travel or stay;
8) The total price of services invoiced with the indication of any possible price revision by virtue of the provisions of article R211-10 hereinafter;
9) Specification, if necessary, of fees or taxes related to certain services such as touchdown, landing, boarding taxes in ports and airports, residence taxes when not included in the price of the service (s) provided;
10) The schedule and modes of payment of the price; in any event, the last payment made by the purchaser shall not be less than 30 % of the travel or stay price and must occur upon remittance of the documents allowing the travel or stay;
11) The particular terms and conditions requested by the purchaser and agreed to by the seller;
12) The methods according to which the purchaser may submit to the seller a complaint for non-performance or improper performance of the contract, which complaint must be sent as soon as possible by registered letter with an acknowledgement of receipt, and, when applicable, notified in writing to the travel organizer and to the provider of services involved;
13) The deadline provided for informing the purchaser in the event of a travel or stay cancellation by the seller if realization of the travel or stay is subject to a minimum number of participants, in accordance with the provisions of 7° of article R211-6 hereinabove;
14) The terms and conditions of contractual cancellation;
15) The terms and conditions of cancellation specified in articles R211-11, R211-12 and R211-13 hereinafter;
16) Specific information related to the risks covered and the amount of coverage, under insurance contract, for the consequences of professional civil liability of the seller;
17) Specifications regarding the insurance contract covering the consequences of certain events of cancellation subscribed by the purchaser (policy number and insurer’s name) as well as those regarding the assistance contract covering certain particular risks, especially the cost of repatriation on grounds of accident or sickness; in such event, the seller must provide the purchaser with a document specifying at least the risks covered and those excluded;
18) The deadline for informing the seller in the event of contract assignment by the purchaser;
19) The commitment to provide to the purchaser in writing, at least ten days before the date scheduled for his departure, the following information:
a) The name, address and telephone number of the seller’s local representative or, in the absence thereof, the names, addresses and telephone numbers of the local entities that may assist the consumer in the event of difficulty or, in the absence thereof, the call number enabling the seller to be reached in the event of an emergency;
b) For foreign travels and stays of minors, a telephone number and an address for direct contact with the child or the person on site in charge of his trip.
20) Clause concerning the cancellation and the penalty-free refund of sums remitted by the purchaser in the event of failure to satisfy the obligation of information referred to under indent 14 of article R.211-6.

Article R211-9 : The purchaser may assign his contract to an assignee who meets the same conditions to realize the travel or stay, as long as this contract does not produce any impact.
Unless more favourably stipulated to the assignor, the latter must inform the seller of his decision by registered letter with an acknowledgement of receipt at least seven days before the beginning of the trip.
If it’s a cruise, this time is extended to fifteen days. In any event, this assignment is not subject to any prior authorization of the seller

Article R211-10 : When the contract provides the express right to revise prices, within the limits specified in article L.211-13, it must set forth the specific modes of calculation, either upward or downward, of price variations, and especially the amount of transport cost and taxes related thereto, the currency (ies) which might have an impact on the travel or stay price, the fraction of the price to which the variation applies, the currency (ies) rate used as a reference when establishing the price stated in the contract.

Article R211-11 : When, before departure of the purchaser, the seller is forced to make a change in one of the essential elements of the contract such as a significant price increase and when he is unaware of the obligation of information referred to under indent 14 of article R. 211-6,, the purchaser may, without prejudice to recourse in redress of possibly incurred damages, and after having been informed by the seller by registered letter with an acknowledgement of receipt:
- Either terminate the contract and obtain immediate refund of the sums paid;
- Or accept the change or the replacement travel proposed by the seller; an amendment to the contract specifying the changes made is then signed by the parties. Any price reduction comes in the form of deduction from the sums that the purchaser may still owe and, if the payment already made thereby exceeds the price of the service changed, such additional payment must be returned to the purchaser before the date of his departure. 

Article R211-12 : In the event specified in article L.211-15, when, before departure of the purchaser, the seller cancels the travel or stay, it must inform the purchaser by registered letter with an acknowledgement of receipt; the purchaser, without prejudice to recourse in redress of possibly incurred damages, obtains from the seller immediate reimbursement without penalty of the sums paid; in such event, the purchaser receives an indemnity at least equal to the penalty he would have borne if cancellation was a result of his own act on that date.
The provisions of the present article do not in any regard prevent the conclusion of an amicable agreement, the purpose of which is acceptance by the purchaser of a replacement travel or stay proposed by the seller.

Article R211-13 : When, after departure of the purchaser, the seller is unable to provide a major part of the services provided in the contract which represents an appreciable percentage of the price honoured by the purchaser, the seller must immediately take the following steps, without prejudice to recourse in redress of possibly incurred damages:
- Either propose services in replacement of those specified, by possibly bearing any additional charge and, if the services accepted by the purchaser are of a lower quality, the seller must reimburse him, upon his return, the price difference;
- Or, if unable to propose services of replacement or if they are refused by the purchaser, provide without additional charge, transport tickets to ensure his return under terms and conditions that may be considered equivalent, to the location of departure or to another location agreed to by the two parties.
The provisions of this article apply in the event of failure to fulfil the obligation set out in indent 14 of article R.211-6.

Special Conditions

Booking and settlement for single day activities

Booking one of our single day activities, whether via the internet, with one of our sales partners or directly with us, implies unreserved acceptance of our general and special conditions.

Formalities
Each participant is required to respect the police formality regulations specific to the European Union. Tarentaise Tours may not, under any circumstances, substitute for the individual responsibility of the customer who must deal personally with obtaining all formalities before the departure (ID card or passport) in particular for heli-skiing in Italy.
All practical information shown on our website and in any documents delivered after the booking is only provided as a guideline and may not incur our responsibility. Such information only concerns French citizens. Persons of foreign nationality must obtain information on the administrative and health formalities from the relevant embassies or consulates. Failure to respect these regulations or the impossibility for a customer to present valid documents on the date of the departure will only incur the liability of the participant who will bear all expenses incurred.

Insurance
Tarentaise Tours has a professional third-party civil liability insurance policy from Gan Eurocourtage IARD. However, Tarentaise Tours may not substitute for the individual third-party civil liability policy that each participant must hold.
Tarentaise Tours offers the possibility to each participant to subscribe, upon booking, to a very comprehensive “Multi-sports Impact” insurance policy offered by DIOT Montagne and Mondial Assistance. This policy is offered, free of charge, by Tarentaise Tours to all participants upon booking. A copy of the general conditions of this insurance policy will be sent by email for all bookings made via the internet or with one of our sales partners. In the case of a booking made directly with Tarentaise Tours, a copy will be provided to you directly. A copy will be available for consultation from the supervisor of the single day activity upon simple request. This document may also be downloaded from our website.
This “Multi-sports Impact” insurance policy covers repatriation assistance, search and rescue costs, damage to sports equipment, individual accident insurance and healthcare costs, throughout the world (Cf. special conditions of the policy for more details).
DIOT Montagne SAS
111 avenue du Centenaire
BP 23
73704 Bourg Saint Maurice Cedex
Tel: 04.79.07.05.88 – Fax: 04.79.07.40.75

 Europ Assistance
1 Promenade de la Bonnette
92330 GENNEVILLIERS

Cancellation by customer for single day activities
In the case of a cancellation by the customer more than 48 hrs before the morning of the day of departure for the activity ordered, all of the amounts paid will be reimbursed. Otherwise, any cancellation will lead to forfeiting the amounts paid, except in the case of a force majeure event.
N.B.: in the case of a cancellation by the customer, the latter undertakes to inform Tarentaise Tours as soon as possible (by telephone with written confirmation or email).
No-show at the meeting place on the day of departure of the activity, for any reason whatsoever, does not entitle the participant to any reimbursement.
Any activity that is interrupted or shortened due to the participant, for any reason whatsoever, may not give rise to any reimbursement.
For activities booked and settled on a pre-sale basis (as an option for a holiday booked with one of our sales partners), any cancellation by the customer will follow the cancellation rules for a holiday and not those for a single day activity.

Cancellation by customer for holidays

The following scale is used:
-           Cancellation 31 days or more before the departure: 30% of the price of the holiday is owed to Tarentaise Tours
-           Cancellation between 30 and 22 days before the departure: 40% of the price of the holiday is owed to Tarentaise Tours
-           Cancellation between 21 and 15 days before the departure: 50% of the price of the holiday is owed to Tarentaise Tours
-           Cancellation between 14 and 8 days before the departure: 75% of the price of the holiday is owed
-           Cancellation between 7 days and the day of departure + no-show: 100% of the price of the holiday is owed to Tarentaise Tours.
This same scale will be used for activities booked and settled on a pre-sale basis (as an option for a holiday booked with one of our sales partners), in proportion to the value of the activity booked.
In specific case of Tarentaise Tours is reselling all inclusive holidays organized and managed by another travel agency, in France or aboard, Tarentaise Tours's cancellations rules are not anymore valid. The cancellation rules of the agency who create and manage the package have to be followed by the customer. 

Cancellation or Modification by Tarentaise Tours
On the day of departure for the activity or during the holiday, in the case of insufficient safety conditions for performing the activity on the intended site, or according to the intended programme, Tarentaise Tours will offer you a replacement activity of equivalent value enabling to maintain the service. If this is not possible, Tarentaise Tours reserves the right to cancel the departure of the activity or holiday. Only Tarentaise Tours is responsible for assessing such parameters and will not be required to justify any decision made in this respect. In this specific case, the amounts paid will be fully reimbursed, but no other compensation will be granted.

Modifications requested by the customer
Any request for modification made by a customer after his/her booking (via the internet, with one of our sales partners, or directly with Tarentaise Tours) may not be accepted.

Transport
Tarentaise Tours uses the services of duly approved taxi firms and the SNCF for its customers, for road and rail transport respectively. Transport may sometimes be made directly by the Tarentaise Tours shuttle bus, insured accordingly. In the case of a change in timetable of the means of transport (delays, various disruptions in road and rail traffic …) on the outbound and return journeys, Tarentaise Tours is not responsible for additional costs linked to journeys between your home and your holiday residence. Particular attention should be paid to train and airline tickets bought at low prices and that may not be exchanged (for the sections of the transport not sold by Tarentaise Tours). A note covering the practical information of the single day activity or holiday (departure time, approximate return time, equipment required, holiday schedule …) will be provided to you upon your order with one of our sales partners or directly with Tarentaise Tours. This note will be sent to you by email in the case of an order placed via the internet.
Unless otherwise indicated, all bookings confirm the departure of the activity or holiday. No separate confirmation of the departure of the activity or holiday will be sent to the customer. Lack of confirmation may not be used as a reason for claiming the reimbursement of the service.

Luggage
During onsite transfers or journeys included in the holiday, your luggage (technical equipment, bags …) are under the responsibility of the transport firm used (taxis, SNCF…). Any dispute during these transfers and journeys must be dealt with directly between the customer and the said transport firm. For the rest of the journey, your equipment remains under your own responsibility.
The safety equipment lent to you by Tarentaise Tours (ski pass, shovel, probe, airbag rucksack …) and by the professional supervisor (ARVA, lifejacket …) is under your responsibility during the activity. It is important that you respect it and return it in the same condition as that in which it was lent to you. Should the professional supervising the activity or Tarentaise Tours notice any voluntary damage to the said equipment or theft, an invoice for repair and/or replacement costs will be issued to you.

Liability

Tarentaise Tours, acting as an intermediary between the customer and the service providers (transport firms, professional supervisors, caterers...), may not be implicated with the latter which, in any event, maintain their own liability.
Where required, due to unexpected events or urgent circumstances involving the customer’s safety, Tarentaise Tours reserves the right, before the departures, during the activity, directly or via the professional supervisors, to change the times or itineraries planned without the customer being entitled to claim any compensation. Considering the special nature of our activities, each participant must comply with the advice and instructions given by the professional supervisor in charge of the group sent by Tarentaise Tours. Tarentaise Tours may not be held responsible for incidents, accidents or injuries that may occur in relation to the service and for which the professional supervisor alone shall be liable. Tarentaise Tours also declines all liability regarding incidents, accidents or injuries that may be the result of the customer’s careless individual action. Moreover, each participant must be aware that he/she may run all kinds of risks due to the weather and snow conditions of the time. The participant takes on these risks in his/her name and in the name of his/her assignees in full knowledge of the facts, and undertakes not to involve the liability of the organiser Tarentaise Tours for this, acting on behalf of the professional supervisors of Tarentaise. Tarentaise Tours reserves the right to expel any person from a group at any time, whose behaviour could be considered as endangering the safety of the group or the wellbeing of the participants. No compensation will be owed.

Prices
From the issue of our seasonal paper-format publications (flyers, magazines, posters…) a certain number of variations may lead to price readjustments. Thus, the contractual reference at a given “t” time will be indicated on our website: www.tarentaise-tours.com. Any change in prices of the service providers and professional supervisors on behalf of whom Tarentaise Tours acts, may lead to readjusting the prices published until the date of departure

Disputes
Any dispute arising in relation to these conditions will be referred to the courts in Chambery (Savoie).

CNIL (French Data Protection Board)
Bookings and various information requests are processed by computer at Tarentaise Tours. In accordance with the so-called “Data Protection and Civil Liberties” law, you are entitled to amend, rectify and delete data about you. Please contact Tarentaise Tours – Le Clocheton – Le Miroir – 73640 SAINTE FOY TARENTAISE or by email sent to julie@tarentaise-tours.com .