General and particular selling conditions. BRICENO VOYAGES

Page updated on 10/22/2009

GENERAL AND PARTICULAR CONDITIONS

General Conditions

Art. 95
Subject to the exclusions foreseen in the second paragraph (a and b) by the article 14 of the above-mentioned law of July 13th, 1992, all the offer and any sale of services of journeys or stays, give place to the delivery of appropriate documents which rules are defined by the present title. In case of sale of tickets, aerial or on regular line, not accompanied with services connected to these transports, the salesman delivers to the buyer one or several tickets of passage for the totality of the journey emitted by the carrier or under his responsibility. In the case of transport on demand, the name and the address of the carrier, For whom tickets are emitted, must be mentioned.
The invoicing separated from the divers elements of the same tourist package does not shield the salesman from the obligations which are made for him by the present title.

Art. 96
Previous to the conclusion of the contract and based on a written support, with his business name, his address and the indication of his administrative license of exercise, the salesman has to communicate to the consumer the information about the prices, the dates and the other facts that constitute of services supplied for the journey or the stay like:

The destination, the means, the characteristics and the used categories of transport; the mode of residence, its situation, its level of comfort and its tourist classification corresponding to the rule or to the manners of the host country.
The supplied meals.
The description of the route when it is about an excursion.
The administrative and sanitary formalities in case of carrying out, notably, of clearing of borders as well as their delays of fulfilment.
The visits, excursions and the other services included in the package or possibly available for an additional charge.
The minimal and maximal size of the group allowing the realization of the journey or the stay as well as, if the realization of the journey is subordinated to a minimal number of participants, the deadline of information of the consumer in case of cancellation of the journey and the stay; this date cannot be fixed unless 21 days before the departure.
The amount of the percentage for the deposit price in the conclusion of the contract as well as the calendar of balance payment.
The modalities of revisions of prices such as foreseen by the contract in application of the article 100 of the present decree.
The cancellation of contractual conditions.
The cancellation conditions defined in articles 101, 102 and 103 below.
The forecasts concerning the covered risks and the guarantees amount signed in conformance with the insurance contract covering the consequences and the civil liabilities of associations and non-profit organisms and local tourism organisms.
The information concerning the optional subscription of an insurance contract covering the consequences of certain particular risks, notably the expenses of repatriation in the event of an accident or disease.

Art. 97
The preliminary information made for the consumer engages to the salesman, unless in the case of salesman expressly reserves the right to modify certain elements. The salesman has to, in that case, indicate clearly in which measure and on which elements this modification can intervene. In any case, the modifications brought to the preliminary information must be communicated by written to the consumer before the conclusion of the contract.

Art. 98
The contract concluded between the salesman and the buyer must be written, established in duplicate among whom the one is give to the buyer, signed by both parties. He has to contain the following clauses:

The name and the address of the salesman, his guarantor and his insurer as well as the name and the address of the organization.
One or several destinations of the journey and, in case of split stay, the various periods and their dates.
The means, the characteristics and the categories of the used transport, the dates, the time and places of departure and return.
The mode of residence, its situation, its level of comfort and its main characteristics, its tourist classification by virtue of the rules or the manners of the host country.
The number of supplied meals.
The route when it is about a circuit.
The visits, the excursions or other services included in the price of the journey or the stay.
The total price of the services charged as well as the indication of any possible revision of this invoicing by virtue of the capacities of the article 100 below.
The indication, if necessary, royalties or taxes concerned to certain services such as taxes of landing, landing in ports and airports, tourist taxes when they are not included in the price of one or several supplied services.
The calendar and the terms of payment for the price; in any case, the last payment made by the buyer must be lower than 30 % of the price of the journey or the stay and must be made during the delivery of documents allowing to realize the journey or the stay.
The particular conditions asked by the buyer and accepted by the salesman.
The modalities according to which the buyer can sell the salesman up of a complaint for non-fulfilment or bad execution of the contract, the complaint which must be sent as soon as possible, by registered letter with signed receipt to the salesman, and indicated in writing possibly, to the organizer of the journey and to the provider of concerned service.
The deadline of the buyer’s information, in case of cancellation of the journey or the stay by the salesman, in the case or the realization of the journey or the stay is bound to a minimal number of participants, according to the arrangement 78 of the article 96.
The cancellation contractual of conditions
The cancellation conditions of foreseen in articles 101, 102 and 103 below.
The precision concerning the covered risks and the amount of guarantees signed in conformance with the insurance contract covering the consequences of the professional civil liability of the salesman.
The concerning indications the insurance contract covering the consequences of certain cancellation cases subscribes by the buyer (registration number and name of the insurer), as well as those concerning the insurance contract covering certain particular risks, notably the expenses in the event of an accident or of disease; in that case, the salesman has to put back to the buyer a document clarifying at least the covered risks and the excluded risks.
The deadline of information of the salesman in case of transfer of the contract by the buyer.
The commitment to supply, in writing, to the buyer, at least ten days before the departure date, the following information:
a) The name, the address and the phone number of the local representation of the salesman either, in defect, the names, the addresses and the telephone numbers of the local organisms liable to help the consumer in case of difficulty, or, in defect, the number allowing to establish urgently a contract with the salesman.
For the journeys and the stays of minors to abroad, a phone number and an address allowing to establish a direct contact with the child or the spot responsible for his stay.

Art. 99
The buyer can give up his contract to a assignee who performs the same conditions as him to make the journey or the stay, as long as this contract hasn’t produced any effect. Except condition more favourable to the assignor, this one must inform the salesman of his decision by registered letter with signed receipt at the latest 7 days before the beginning of the journey. When it is about a cruise, this delay is for 15 days. This assignment is not subjected to a preliminary license of the salesman.

Art. 100
When the contract contains an express possibility of the price revision, in the limits foreseen in the article 19 of the above-mentioned law of July 13th, 1992, he has to mention the precise modalities of calculation, both in the increase and in the decline, the variations of the prices, in particular the amount of the transport costs and tax there concerned, one or several currencies which can have an incidence on the price of the journey or the stay, the part of the price to which applies the variation, the quotation of one or several currencies cautious as reference during the establishment of the price appearing to the contract.

Art. 101
When before the departure of the buyer, the salesman is forced to bring a modification to one of the essential elements of the contract such as a significant increase of the price, the buyer can, without prejudging appeals to repair the damages possibly undergone, and having been informed about it by the salesman by registered letter with acknowledge receipt:

cancel the contract and obtain without fine the immediate repayment of the paid sums.
Or accept the modification or the journey of replacement proposed by the salesman; an amendment to the contract clarifying the brought modifications is then signed by the parties.
Any decrease of the price comes in deduction of the sums staying possibly owed by the buyer and, if the payment already made by this last one exceeds the price of the modified service, the excess must be restored to him before his departure date.

Art. 102
In the case foreseen in the article 21 of July 13th, 1992 above-mentioned, when, before the departure of the buyer, the salesman cancels the journey or the stay, he has to inform the buyer by registered letter with signed receipt; the buyer without prejudging appeals to repair the damages possibly undergone, obtains immediately repayment with the salesman, The buyer receives in that case, a reparation equal to the fine that he would have supported if the cancellation had intervened in its fact in this date. The arrangement of the present article put no obstacle to the conclusion of an amicable agreement by the acceptance of the buyer, to a journey or a stay for replacement proposed by the salesman.

Art. 103
After the departure of the buyer, the salesman is in the impossibility to supply a dominating part of the services foreseen to the contract representing a not unimportant percentage of the price honoured by the buyer, the salesman has to take at once the following capacities without prejudging appeals in repair for damages possibly undergone:

Either one, propose services as a replacement foreseen services by supporting possibly any additional charge and, if the services accepted by the buyer are lower quality, the salesman has to pay off to him from his return, the difference in price.
Or the other if he can’t propose any replacement or if these are refused by the buyer, the tickets to insure its return in conditions which can be considered equivalent towards the place of departure or towards another place accepted by both parties.

Particular Conditions

Art. 1 - The formalities:
Formalities are carried in the knowledge of the customer before the registration. They clarify the contents of the prices, the modalities of payment and the practical conditions of cancellation.The travel agency informs the customer of the useful formalities and necessary for the good progress of their journey. Their fulfilment falls to the only customer. The information concerning vaccines and identity cards to be supplied in case of clearing of the borders as well as the delays of fulfilment are given to customer in the last state of available information, but can be updated until the departure.

Art. 2 - The Price
The prices published in « euro » are established according to the current economic conditions of 01/07/2008. The variation of these economic conditions (royalties and taxes concerned to the services, the variation of the foreign exchange rate) can pull a revision of the price without advanced notice.

Art. 3 - Modalities of Payment
The registration for a journey implies the payment of a deposit by the customer of a sum equal to 25 % of the price of the journey or the stay and the signature of a registration’s bulletin of which is a copy send back to him. This bulletin resumes the main characteristics of the journey or the stay and the terms of sale as well as of possible observations or reserves relative to the type of journey chosen or imposed by particular conditions.
The balance payment must be made at the latest 30 days before the departure. The customer not having paid the balance in the agreed date is considered as having cancelled his journey and incurs, therefore, the expenses of cancellation about which he was informed at the time of the registration.

Art. 4 - Cancellation
The existence of numerous intermediaries (hotelkeepers, carriers) and delays of payment imposed by these on the tour operators justify the perception of expenses of cancellation all the more important as the date of departure is close.
In every case: no repayment can intervene if the customer does not appear at the hours and places mentioned on his summons or his program: the organization not maybe considered as responsible for a delay of air or railway pre-routing, strike or quite other case of circumstance outside one’s control, of even if he cannot present the police documents or other documents required for his journey. The signed optional insurances, the excursions, the visits, or quite other thematic program, the cards giving access to reductions or to local public transports are never refundable whatever the date and the cause of the cancellation.
Expenses of Cancellation:
In case of cancellation by the customer, the repayment of the paid sums will intervene under deduction of amounts clarified below as debit according to the date of cancellation:

More than 30 days before the departure: 30 euro a person not refundable
between 30 and 21 days: 25 % of the price*
between 20 and 8 days: 50 % of the price*
between 7 and 2 days: 75 % of the price*
less than 2 days: 90 % of the price*
In the daytime of the departure or the not presentation at first: 100 % of the price*

*15 euro of not refundable franchising.

Art. 5 - Assignement of the Contract
The buyer can give up his contract having informed the salesman about it by registered letter with signed receipt at the latest 7 days before the departure, to a transfer who fills the same conditions as him to make the journey: according to the modalities foreseen in the article 99 of the general conditions. The assignor will have to settle the possible expenses of fines charged to the organizer by the hotelkeepers, the carriers or the other persons receiving benefits.

Art. 6 - Modifications
Before the Departure: For the modifications brought by the salesman, refer to articles 101 and 102 of the general conditions. Any demand of modification emanating from the customer can be considered as a cancellation followed by a new booking. The incapacity of the attendance figures can be a valid motive for cancellation without reparation due to the customer for certain types of journeys provided that the customer was informed at the time of the registration of the date beyond which this cancellation cannot intervene ( 21 days) (art. 96.7 of the decree of 94).
During the journey: For the modifications brought by the salesman, refer to the article 103 of the general conditions. The traveller cannot, except preliminary agreement of the organizer, modify the progress of his journey. Expenses ensuing from a not authorized modification would stay completely at his expense without that he can claim to obtain the refunding of the services from which it would not have benefited because of these modifications.
Because of the Organiser: The customer will be able to claim with no compensation if the cancellation of the journey intervenes because of circumstances of cause beyond control, or for reasons holding the safety of the passengers.

Art. 7 - Descriptions
They are established carefully and updated. They are given to the only informative title and do not have a contractual value. It is indeed possible, for reasons completely independent of our will, that for example a facility is not accessible to the customers at a certain time.

Art. 8 - Taxes
Except opposite specifications, the customers will have to adjust the amount of the spot tourist taxes in their arrival without aspiring to an any refund from us.

Art. 9 - Late Registration
Any late registration (in 6 days or less date of departure) will be the object of expenses of 30 euro by file.

Art. 10 - Responsability
Briceno Voyages cannot be considered as responsible for the defect of recording of the customer with the place and at time of beginning for the journey or the stay whatever are circumstances, even if it results from a case of absolute necessity.
The consequences of the incidental accidents/being able to occur at the time of the execution of air transport, are controls by the provisions of the Convention of Warsaw or the local regulations govern the national transport operations of the country concerned.
Our responsibility is defined in title VII, article 23 of law 92.645 of 1992.
It is in particular excluded:

In case of non-fulfilment or of bad execution of the contract because of the buyer, of the unpredictable or insuperable fact of a third foreign party to the supply of the services foreseen to the contract or the case of absolute necessity (article 23 paragraph 2 of the law of 1992).
For any excursion, rent of vehicle, sports activity, visits or the other one made by an intermediary or a person receiving benefits chosen directly by the customer without any appeal to the local office of representation of the salesman.

Art. 11 - Disputes
Any complaint relating to a journey or a stay must be formulated in writing to Briceno Voyages and sent by registered letter to the agency as soon as possible after the return of the journey. The non compliance with this delay can may affect the quality of the treatment of the complaint file.

Art. 12 - Jurisdiction
In case of contesting, only the Courts of Paris will be qualified.