General Terms & Conditions of Sale / Special Booking Conditions

General Terms & Conditions of Sale

Our General Terms and Conditions of Sale comply with the provisions of Decree n° 94-490 of 15 June 1994 adopted pursuant to Article 31 of Act n° 92-645 of 13 July 1992 stipulating the terms and conditions for the performance of activities related to organizing and selling travel and holidays. In order to comply with legal provisions, we reproduce hereinafter Articles 95 to 103 of the aforementioned Decree.

Art. 95 - Without prejudice to the exclusions provided for under the second paragraph (a and b) of Article 14 of the aforementioned Act of 13 July 1992, any offer and any sale of travel and holiday services give rise to the delivery of relevant documents, which comply with the rules specified in the section hereof.
In the event that air travel tickets or regular airline tickets are sold without services related to these means of transport, the vendor delivers one or several travel tickets issued by the carrier or under the latter's responsibility to the purchaser for the entire journey. In the event that demand-responsive transport is requested, the name and address of the carrier, on behalf of which the tickets are issued, must be mentioned.
The separate billing of various components of the same travel package shall not absolve the vendor from the obligations set out in the regulatory provisions of the section hereof.

Art. 96 - Prior to the conclusion of the contract, the vendor must transmit in writing to the purchaser its legal corporate name, address and official authorization to operate, all information relating to prices, dates and other constituent components of the services provided during the journey or holiday, such as:
1. the destination and the means, characteristics and categories of transport used;
2. the type of accommodation, its location, category or degree of comfort and its main features, its approval and tourist classification under the rules of the host Member State concerned;
3. the meal plan;
4. the itinerary when the travel package relates to a tour;
5. general information on passport and visa requirements as well as the health formalities required for the journey and the stay for nationals of the Member State or States concerned or of a State that is party to the Agreement on the European Economic Area in the event, notably, for crossing borders and the time required to complete the aforementioned;
6. visits, excursions or other services which are included in the total price agreed for the package or which may be available at additional cost;
7. the minimum and maximum size of the group in respect of the journey or holiday and, if a minimum number of persons is required for the journey or holiday to take place, the deadline for informing the consumer in the event of cancellation; this date cannot be less than twenty-one (21) days prior to the departure date;
8. either the monetary amount or the percentage of the price which is to be paid on account when the contract is concluded, and the timetable for payment of the balance;
9. the terms and conditions for revising the prices as provided for under the contract pursuant to Article 100 of the Decree hereof;
10. the terms and conditions for cancellation of contractual nature;
11. the terms and conditions for cancellation defined under Articles 101, 102 and 103:
12. details on the risks covered and the amount of guarantees provided for under the insurance policy covering the consequences of the professional civil liability of travel agents and the civil liability of not-for-profit associations and organizations and local tourism boards;
13. information on the optional conclusion of an insurance policy to cover the consequences of certain cases of cancellation or an insurance policy to cover certain specific risks, in particular the cost of repatriation, in the event of accident or illness.

Art. 97 - The preliminary information given to the consumer binds the vendor, unless the vendor has expressly reserved the right, in this information, to modify specific components. If this is the case, the vendor must clearly indicate the extent to which this modification may be applied and as regards which components.
In any event, the modifications made to the preliminary information must be transmitted to the consumer in writing before the contract is concluded.

Art. 98 - The contract concluded between the vendor and the purchaser must be written, drawn up in two original copies, one of which is delivered to the purchaser, and signed by both parties. The contract must include the following clauses:
1. the name and address of the vendor, of their guarantor and their insurer as well as the name and address of the organizer;
2. the travel destination(s) and, where periods of stay are involved, the relevant periods, with dates;
3. the means, characteristics and categories of transport to be used, the dates, times and points of departure and return;
4. the type of accommodation, its location, category or degree of comfort and its main features, its approval and tourist classification under the rules of the host Member State concerned;
5. the meal plan;
6. the itinerary when the travel package relates to a tour;
7. visits, excursions or other services which are included in the total price agreed for the journey or holiday;
8. the total price of the services invoiced as well as information about the possibility of price revisions for this invoicing pursuant to the provisions of Article 100 hereinafter;
9. details, if applicable, of any dues, taxes or fees chargeable for certain services (landing, embarkation or disembarkation fees at ports and airports, tourist taxes) where such costs are not included in the package or the services provided;
10. the payment schedule and method of payment; the final payment made by the purchaser cannot be less than 30% of the journey or holiday price and must be made when the documents enabling the purchaser to travel and/or take their holiday are transmitted to them;
11. special conditions requested by the purchaser and accepted by the vendor;
12. the procedure to be used by the purchaser to make a complaint against the vendor for failure to perform or improper performance of the contract, complaint which should be transmitted as quickly as possible, by registered letter with acknowledgement of receipt from the vendor and, where applicable, should be communicated in writing to the travel organizer and to the service provider concerned;
13. the deadline for informing the purchaser in the event of cancellation of the journey or holiday by the vendor in the event that a minimum number of persons is required for the journey or holiday to take place, pursuant to the provisions under 7° of Article 96 here above;
14. the terms and conditions for cancellation of contractual nature;
15. the terms and conditions for cancellation defined under Articles 101, 102 and 103 hereinafter:
16. details on the risks covered and the amount of guarantees provided for under the insurance policy covering the consequences of the vendor's professional civil liability;
17. details of the insurance policy covering the consequences of cancellation under certain circumstances taken out by the purchaser (policy number and insurer's name) and details of the assistance-related policy covering specific risks, in particular including repatriation, in the event of accident or illness; in this instance, the vendor must transmit a document to the purchaser specifying at least the risks covered and the risks excluded;
18. the deadline for informing the vendor in the event of cancellation of the journey or holiday by the purchaser;
19. the vendor's commitment to provide the information hereinafter to the purchaser at least ten (10) days before the planned departure date:
a) the name, address and telephone number of the vendor's local representative or, failing that, of local agencies on whose assistance a consumer in difficulty could call or, failing that, an emergency telephone number that shall enable the purchaser to contact the vendor;
b) in the case of journeys or holidays abroad by minors, a telephone number and an address enabling direct contact to be established with the child or the person responsible at the child's place of stay.

Art. 99 - The purchaser may transfer the contract to a transferee who fulfils the same conditions as the purchaser themselves to benefit from the journey or holiday as long as the contract has not yet taken effect.
Notwithstanding any statement more favourable to the transferor, the transferor is bound to inform the vendor of the decision by registered letter with acknowledgement of receipt at the latest seven (7) days prior to the beginning of the journey. In the case of a cruise, this period is extended to fifteen (15) days.
This transfer is in no way subject to the prior authorization of the vendor.

Art. 100 - When the contract explicitly contains the possibility of reviewing the prices within the limits laid down in Article 19 of the aforementioned Act of 13 July 1992, it must mention the precise means of calculation for both rises and reductions in the prices, price variations and in particular concerning travel costs and related taxes, currency(ies) which may affect the price of the journey or the holiday, the percentage of the price affected by the variation; the currency rate taken into account when drawing up the prices given in the contract.

Art. 101 - When, before the departure of the purchaser, the vendor has no choice but to modify one of the key components of the contract, such as a significant rise in prices, the purchaser, without prejudice to their right to compensation for any damage which may be incurred, and after being so informed by the vendor by registered letter with acknowledgement of receipt, may:
- either cancel the contract and obtain the immediate reimbursement of all amounts paid without any penalty whatsoever;
- or accept the modification or the substitution journey proposed by the vendor; a rider to the contract specifying the modifications made is then be signed by both parties; any reduction in price is deducted from any amounts remaining due by the purchaser and, if the payments already made by the latter exceed the price of the modified service offered, the excess amount must be settled in their favour prior to the date of departure.

Art. 102 - In the case provided for under Article 21 of the aforementioned Act of 13 July 1992, when, before the departure of the purchaser, the vendor cancels the journey or holiday, they must inform the purchaser by registered letter with acknowledgement of receipt; without any prejudice to their right to claim compensation for any damage which may have been incurred, the purchaser should receive the immediate reimbursement of the amounts paid from the vendor without any penalty being incurred; in this case, the purchaser receives an indemnity which is at least equal to the penalty they would have had to have paid should the cancellation have been made by themselves at this date.
The provisions of the Article hereof shall not hinder in any way the conclusion of an amicable settlement, the purpose of which would be the purchaser's acceptance of a substitution journey or holiday proposed by the vendor.

Art. 103 - When, after the departure of the purchaser, the vendor is not in a position to provide a major part of the services laid down in the contract, representing a significant percentage of the price paid by the purchaser, the vendor must take the following measures immediately without prejudice to their right to claim for any damage which may be incurred:
- either to propose services replacing the scheduled services and possibly accepting to pay any price supplement and, if the services accepted by the purchaser are inferior in quality, the vendor must reimburse the difference in price as soon as the purchaser returns home;
- or, if the vendor cannot propose services replacing the scheduled services or if the purchaser refuses such services for valid reasons, to provide the purchaser with travel tickets, at no extra price, to ensure their return, under conditions that can be considered as equivalent, to the point of departure or to another destination accepted by both parties.
 

Special Booking Conditions 
Pursuant to Articles 95 to 103 of Decree n°94-490 of 15 June 1994

1 Information: 
The document hereof forms the preliminary offer referred to under the General Terms and Conditions of Sale here above and it engages the Bergerac-South Dordogne Tourist Office. Notwithstanding, modifications may of course be made to the nature of the services provided. Pursuant to Article 97 of the General Terms and Conditions of Sale here above, if modifications were to be made, Bergerac-South Dordogne Tourist Office would inform the customer in writing, prior to concluding the contract.

2 Liability: The Bergerac-South Dordogne Tourist Office is liable under the terms of Article 23 of the Act of 13 July 1992, which states that: "Any natural or legal person involved in the operations mentioned in Article 1 is liable ipso jure towards the purchaser for the correct performance of the obligations which result from this contract, whether these obligations are to be performed in person or by other agents providing a service, without prejudice to his/her right to claim against the said agents. Notwithstanding, the natural or legal person may be released from all or part of the liability by proving that the non-performance of the contract was due either to the purchaser or to the unpredictable and insurmountable act of a third party not normally involved in the provision of the services stipulated in the contract, or to an event of force majeure". 
Bergerac-South Dordogne Tourist Office cannot be held responsible or liable for any damage caused by customers during their holiday; the liability for any material that has been broken or damaged shall be invoiced to customers by the service providers concerned.

3 Booking: Bergerac-South Dordogne Tourist Office considers options made by telephone or in writing as only taking an interest in one of its proposals or offers. It shall not result in Bergerac-South Dordogne Tourist Office making a booking. Bookings are only confirmed when an advance payment of 25% of the package price has been settled + €16 for booking fees (for day trips and stays) and a copy of the booking contract signed by the customer has been sent back to the booking department before the deadline specified on the contract.

4 Payment of the balance: The customer undertakes to pay Bergerac-South Dordogne Tourist Office the outstanding balance for the service(s) upon receipt of the invoice or at least ten (10) days prior to the beginning of the service(s) (excursion, trip, stay) subject to paragraph 10 of Article 98 and, for stays, the nominal list of group participants as well as the room list.
Any customer who has not paid the balance by the date agreed is considered as having cancelled the service(s). Consequently, the service(s) is/are once again open to purchase and no reimbursement whatsoever shall be made.
The invoice transmitted to the customer shall be deemed non-modifiable five (5) days before the beginning of the service(s). Consequently, if any group participant cancels during this time, no reimbursement whatsoever shall be made.
 
5 Late bookings: If a booking is made less than thirty (30) days before the beginning of the service(s), the total amount due is payable upon booking.

6 Vouchers: Upon receipt of the balance for the service(s), Bergerac-South Dordogne Tourist Office shall send vouchers to the customer to be transmitted to the service provider(s) concerned. 

7 Arrival and departure: The customer must arrive on the date mentioned on the voucher(s). In the event of late or delayed arrival or if the customer is unable to leave at the last minute, the customer must inform Bergerac-South Dordogne Tourist Office or the service provider(s), whose contact details are mentioned on the voucher(s). Any service(s) not used due to late arrival remain(s) due and shall not be reimbursed. The customer must vacate the room before midday on the day of departure.

8 Cancellation by the customer: The customer must inform Bergerac-South Dordogne Tourist Office of cancellation as soon as possible and confirm this in writing by registered letter with acknowledgement of receipt. The date of the aforementioned registered letter is the only element taken into account for definitive cancellation. For any cancellation made by the customer, the amounts retained by Bergerac-South Dordogne Tourist Office are as follows: 

-Cancellation occurring more than 30 days before the beginning of the service(s): 10% of the total amount of the service(s) 
-Cancellation occurring between the 30th and the 21st day inclusive before the beginning of the service(s): 30% of the total amount of the service(s) 
-Cancellation occurring between the 20th and the 8th day inclusive before the beginning of the service(s): 50% of the total amount of the service(s)
-Cancellation occurring between the 7th and the 5th day inclusive before the beginning of the service(s): 75% of the total amount of the service(s)
-Cancellation occurring less than 5 days before the beginning of the service(s) or if the customer does not arrive on the date the service(s) begin: 100% of the total amount of the service(s)
N.B.: If the customer decides not to use one or several components of the service(s), s/he shall not be able to claim any compensation whatsoever for this non-use.

9 Modification by the booking department of a key element of the booking contract: Refer to Article 101 of the General Terms and Conditions of Sale here above.

10 Cancellation by the vendor: Refer to Article 102 of the General Terms and Conditions of Sale here above.

11 Inability of the vendor to provide the services scheduled in the booking contract during the stay: Refer to Article 103 of the General Terms and Conditions of Sale here above.

12 Claims: Any claim relating to the non-execution or inadequate execution of the booking contract must be transmitted to the Tourist Office used for the booking as soon as possible by registered letter with acknowledgement of receipt.

13 Professional civil liability insurance: Bergerac-South Dordogne Tourist Office has taken out an insurance policy N°971371739 with GAN N°971371739: 2, rue Pillet-Will 75009 Paris, for losses, consecutive bodily, material and immaterial damage, to insure itself against the consequences of claims invoking its professional civil liability.
Bergerac-South Dordogne Tourist Office
Legal status: Not-for-profit association established under the 1901 French Association Law
SIRET: 385 247 135 000 10
Local Tourism Body authorized by Atout France: IM 024110007
Financial guarantee: Groupama Crédit-Assurance: €30,000
Head office: 97, rue Neuve d'Argenson - 24100 BERGERAC, FRANCE
Telephone: +33 (0)5 53 57 03 11
Fax: +33 (0)5 53 61 11 04
Email: contact@bergerac-tourisme.com
Bank account: CCSO BERGERAC
10638 - 00241 - 02415402180 - 86
Pursuant to the French Data Protection Act (loi "Informatique et Libertés" of 6 January 1978), personal data is compulsory for completing the booking file. You are entitled to access, change, correct and delete your personal data (Article 34 of the French Data Protection Act) by contacting the booking department and, unless requested otherwise, this data may be transferred on a commercial basis.