Terms and conditions of sale
MON TOUR EN FRANCE is a simplified joint-stock company under French law, with a capital of 6.100.000 euros, whose registered office is located at 26 rue Antoine de Saint Exupéry, 73300 saint JEAN de MAURIENNE, and registered under Chambery RCS 817 509 938, (hereinafter ‘MONTOURENFRANCE’)
MTEF is the publisher of the website available at the following URL : mytriptailor.com (hereinafter the “Website”).
MONTOURENFRANCE is registered to the tour and travel operators register under number IM073160010.
Assurance de responsabilité professionnelle souscrite auprès de HISCOX EUROPE UNDERWRITING LIMITED, 15/19 rue Louis Le Grand – 75002 – Paris, Tel : 0810 50 20 10 – Police n° PRC0143367.
Professional liability insurance underwritten by HISCOX EUROPE UNDERWRITING LIMITED, 15/19 rue Louis Le Grand – 75002 – Paris, Tel: 0810 50 20 10 – Police n° PRC0143367.
Financial Guarantee: APST (Association Professionnelle de Solidarité du Tourisme), 5 AVENUE CARNOT – 75017 PARIS – France, 01.44.09.25.35.
Intracommunity VAT number : FR62 817 509 938
Postal address: MON TOUR EN FRANCE – 26 RUE ANTOINE DE ST EXUPERY 73300 SAINT JEAN DE MAURIENNE
Contact Customer Service: firstname.lastname@example.org
1. PURPOSE OF THE TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale set the terms and conditions under which the customer (hereinafter the “Customers”) may reserve, on the Website and through MTEF, services of tourist services to professionals in the tourism sector (hereinafter the “Service Providers”).
The contractual documents (hereinafter the “Agreement”) are the following:
- these Terms and Conditions of Sale;
- the Service Providers specific terms and conditions;
- the order summary sent by email..
We also encourage you to read the other documents which will allow you to understand the Website operation principles and especially:
- the Terms and Conditions of Use of the Website; ;
- the website “cookie” policy.
You declare and acknowledge that:
- You have the technical skills to use the Website;
- As a consumer, you are granted specific rights which could be challenged in the event that the services purchased on the Website relate to your professional activity, that is to say if the services are purchased for purposes falling within the scope of a commercial, industrial, artisanal or liberal activity.
3. BOOKING PROCESS
Step 1: Selection of the itinerary and dates
You can search and choose on the Website the itinerary you are interested in and then, on the itinerary page, among the dates available, the dates that suit you. You can then access to the accommodation offers relevant and available.
Step 2: Accommodation selection
Among the proposed accommodation offers, you choose the ones that suit you, as well as any associated options for the different steps of the itinerary. You can then proceed to the next step by validating your choice of accommodation.
Step 3: Activities selection
You choose your activities, when the service is available, as well as any associated options. You can then proceed to the next step by validating your choice of activity
Step 4: Visits selection
In order to build your personalized guide, you can select the points of tourist interest that you would like to visit among Michelin Tourism tourist attractions. You choose, without additional charges, the sites you want to visit at each stage of your itinerary and you will find them in your personalized guide attached with your booking confirmation.
Step 5: Michelin Guide restaurant selection
In order to build your personalized guide, you can select the restaurants where you would like to eat among the restaurants of the Michelin Guide selection. You choose, without additional charges, your restaurants at every step of your itinerary. You will find them in your personalized guide attached with your booking confirmation and you can book them online if the option is available.
Step 6: Order summary
Once you have chosen your itinerary, accommodations and related options, you can check the details of your order. You can correct any errors or cancel the order by going back to the previous page.
You can then subscribe or not to the cancellation insurance offered under the conditions described there and have the option to enter a promotional code.
You must ensure that all information displayed is consistent with your choice (quantity, price, etc …). They can not be modified after validation of your order.
Step 7: Filling in your details
You choose whether or not you wish to receive offers from MTEF and / or its partners.
Step 8: Validation of the terms and conditions of sale, specific terms and conditions of each service and payment
You can then validate the terms and conditions of sale and specific terms and conditions of each service.
You are then redirected to the secure interface of our third-party payment service provider, ONE SHOT PAY, allowing you to proceed with the payment of your order.
Step 9: Payment
In order to pay your order, you enter your credit card details on the secure interface ONE SHOT PAY: cardholder name, card number, validity date and visual cryptogram and you confirm to proceed to the payment of your booking. Depending on the conditions of your credit card, you can be redirected to a 3D secure interface. You will then have to identify yourself as the holder of the bank card by entering a security code for single use received by SMS.
4. SPECIFIC PROVISIONS RELATED TO TRAVEL, STAYS AND TOURIST PACKAGES
We invite you to read the legal provisions of the Tourism Code, in particular codified under articles L 211-1 et seq. of the Tourism Code and articles R 211-1 et seq. of the same code, some of which are reproduced in appendix and applicable to tourist packages.
Prices are displayed in euros all taxes included (hereinafter “T.T.C.”).
You are informed of the different elements making up the price, namely:
- the amount of the order;
- the amount of the costs of files;
- the amount of the cancellation insurance possibly subscribed.
The prices are only valid when available on the Website for the concerned order.
The price of the transaction will necessarily be that of the date and time of your order.
The prices displayed on the Site do not take into account the tourist accommodation tax that will be paid on the spot.
Payments made on the Website are made by credit card (Carte Bleue, Visa, Eurocard / Mastercard are accepted) on the secure interface of our third-party payment service provider, ONE SHOT PAY.
The Customer guarantees that he / she is fully entitled to use the payment card for the payment of his / her order and that these means of payment give access to sufficient funds to cover the services ordered.
6. CANCELLATION – MODIFICATION – WITHDRAWAL – UNAVAILABILITY
6.1 CANCELLATION OR WITHDRAWAL OF THE CUSTOMER
The Customer may terminate the Agreement at any time prior to the commencement of the trip or stay, subject to the terms and conditions and for the termination fees, if any, described below. Any termination or cancellation will entitle the Customer to reimbursement according to each Service Providers specific terms and conditions, plus the invoicing by MTEF of a file management fee of 15 euros. The processing fees paid during the initial purchase remain due.
The Customer acknowledges being informed that pursuant to Article L221-28 of the Consumer Code, all services offered on the Site, is not subject to the application of the right of withdrawal provided for in Articles L221- 18 et seq. of the Consumer Code regarding distance selling
6.2 CANCELLATION – MODIFICATION FROM MTEF OR UNAVAILABILITY
Cancellation, modification or unavailability due to MTEF
Although all the services mentioned in the descriptions have been confirmed by our Service Providers and have been published in good faith, it may happen for reasons outside or beyond MTEF control MTEF that errors or modifications may exceptionally exist.
Modification to one of the essential elements of the order
When MTEF is forced to make a change to one of the essential elements of the Customer’s order such as a significant price increase, MTEF undertakes to notify you as soon as possible by sending an e-mail to the e-mail address registered at the time of your registration and to inform you of your option to either terminate the Agreement and obtain without penalty the refund of the amounts paid, or to accept the modification proposed by MTEF.
In case of refusal or absence of response from you within a period of 3 days from receipt, MTEF will refund the amounts paid within a maximum period of 14 days. When your contract relates to a trip, stay, a tourist package or services that can be provided during stays or trips, MTEF undertakes to refund the amounts paid immediately.
When MTEF terminates the order, MTEF will refund all amounts paid within a maximum period of 14 days. When your contract relates a trip, stay, a tourist package or services that can be provided during stays or trips, MTEF undertakes to refund the amounts paid immediately.
Impossibility to provide a preponderant part of the order
When your contract relates to a trip, stay, a tourist package or services that can be provided during stays or trips and that, after your departure, MTEF is unable to provide a preponderant part of the order representing a significant percentage of the price honored by the Customer, MTEF undertakes to make the following:
- propose replacement services, possibly supporting any additional price, and if the services accepted by the Client are of inferior quality, MTEF will refund the difference as soon as the Customer is returned;
- or, if MTEF can not offer any replacement services or if such replacement services are refused by the Customer for valid reasons, to provide the Customer, without additional charges, tickets to ensure his return in conditions that may be judged equivalent to the place of departure or to another place accepted by both parties.
7. CONFORMITY OF THE SERVICES
The information mentioned on each description of the services offered are those communicated to MTEF by the Service Providers.
MTEF will do its best efforts to ensure that the photographic representation of the products or services on the Website is as faithful as possible to the services themselves.
In the event of a non-conformity of the service provided to the Customer, the Customer may send his claim to MTEF:
- • by phone, at the following number: 09 70 82 12 79
- • by email, at the following address: email@example.com
The Customer may request MTEF either to proceed to an identical or equivalent replacement of the services, within the limits of availability, or, if the replacement was impossible, the reimbursement of all or part of the non-compliant services provided, within 30 days following the planned date of execution of the service concerned. After this period, the requests of the Clients will be deemed precluded.
MTEF carefully selects the Service Providers referenced on the Site and provides Clients with a platform to enable the booking of tourist services to the abovementioned Service Providers. However, except in case of full liability explicitly stated in article L.211-16 I. of the Code du Tourism (sale of a tourist package or a travel service), MTEF will have no liability in cases when the non-performance or wrong performance of the services is attributable to the Service Providers referenced on the Website.
MTEF will provide, in accordance with Article L211-17-1 of the Tourism Code, appropriate assistance to Customers in difficulty as soon as possible in the circumstances of the case.
In any case, MTEF will have no liability if the damage is either attributable to the Customer or the traveler, or to a third party not involved in the provision of tourist services and is of an unforeseeable or unavoidable nature, or to exceptional circumstances and unavoidable or to a force majeure events.
Force majeure events shall include, in particular, in addition to the cases recognized by the case-law, any natural disaster, any act of war, an attack on public order, an epidemic, fire, flood or other disaster, any governmental act, any strike under any form whatsoever (internal, external, lockout …), and any malfunction of the Internet or networks.
If a force majeure event prevents, delays or affects the performance of an obligation for more than 90 days, MTEF may terminate this Agreement.
9. INTELLECTUAL PROPERTY
Elements belonging to MTEF, such as, without limitation, the Website, trademarks, drawings, models, images, sound and video clips, texts, photos, logos, graphics, software, search engine, databases, taken as a whole or individually, are the exclusive property of MTEF. The Agreement does not proceed to any transfer of any kind of intellectual property rights on the elements belonging to MTEF for the benefit of the Customer.
Neither party will act in contradiction with the other party’s property rights.
This Agreement will not authorize either party to obtain or invoke any right, title, or interest in the other party’s name, trademarks, logos, or intellectual property rights.
Neither party may modify or delete the printed or on-screen notices of copyright, trademark, other protected right, or other legal notice affixed or requested by the other party regarding the use its trademarks and logos as provided herein.
10. EVIDENCE – ARCHIVING
Online acceptance of the documents constituting the electronic Agreement has the same probative value between the Parties as the paper agreement.
The contractual documents will be kept in electronic or paper format.
The electronic records kept in the computer systems will be kept in reasonable conditions of safety and considered as proof of communications, orders and payments between the Parties. They are authentic until prove otherwise.
The archiving of contractual documents, orders and invoices is done on a reliable and durable support that can be produced as evidence.
MTEF guarantees the access at your request to the contractual documents kept according to the following modalities: request by mail sent to the following address: 26 ST ANTOINE ST EXUPERY 73300 SAINT JEAN DE MAURIENNE.
MTEF informs you of the possibility of proceeding to a conventional mediation procedure or any other alternative dispute resolution procedure in the event of a dispute relating to the Agreement.
After having contacted our Customer Service and tried to resolve the dispute amicably, in the absence of amicable settlement within 60 days from the date of the contact, you have the option to use the mediation procedure with Médicys. For more information on the mediation process, MTEF invites you to consult the Médicys website: www.medicys.fr.
The mediator can be contacted by mail sent to the following address: Medicys, 73 Boulevard de Clichy 75009 Paris France, firstname.lastname@example.org.
MTEF informs you that the European Commission has set up a European Online Dispute Resolution Platform (“ODR”) to which it can turn. You can access this platform via the following link: http://ec.europa.eu/consumers/odr/.
Assignment. When your contract relates to a trip, stay, a tourist package or services that can be provided during stays or trips, you can assign your contract (excluding insurance contracts), after informing MTEF of your decision by registered letter with acknowledgment of receipt and at the latest seven days before the beginning of your stay, indicating precisely the names and address of the transferee (s) and justifying that they fulfill the same conditions as you.
The Customer and the assignee shall be jointly and severally liable for the payment of any balance of the price and any additional costs incurred by such assignment.
Applicable law and jurisdiction. THIS AGREEMENT IS GOVERNED BY FRENCH LAW. THE COURTS OF PARIS WILL HAVE JURISDICTION TO DEAL WITH ALL DISPUTES RELATING TO THE VALIDITY, INTERPRETATION OR PERFORMANCE OF THE AGREEMENT.
APPENDIX 1: REPRODUCTION OF ARTICLES R 211-3 TO R 211-11 OF TOURISM CODE
Subject to the exclusions set out in the third and fourth paragraphs of the Article L.211-7, any offer and sale of travel arrangements or stays give rise to the issue of appropriate documents meeting rules defined par the present section. In case of sales of air travel tickets or regular service tickets without services linked to these transportation, the seller delivers to the buyer one or several passenger tickets for the entire journey, issued by the airline company or under his responsibility.
In case of transport on demand, the name and address of the airline company, on whose behalf tickets are issued, shall be mentioned.
The separate invoicing of several elements of a same touristic package does not shield the seller from his obligations by regulatory provisions of the present section.
The exchange of pre-contractual informations or the provision of contractual terms and conditions are made by writing. They can be made electronically within the conditions of validity and exercise provided for in articles 1125 to 1127-6, 1176 and 1177 of the Civil Code. Are mentioned the seller’s name or business name, address as well as its registration under the register provided for in Article L.141-3 or, if necessary, the name, address and registration of the federation or union mentioned in the second paragraph of Article R.211-2.
Before the conclusion of the contract, the seller must pass on to the buyer informations about rates, dates and other constituents of services provided on the occasion of the trip or stay such as:
1° The destination and the means, features, and categories of transport used;
2° The type of accommodation, its location, its comfort level and main features, its certification, and its tourist classification corresponding to the regulations or customs of the host country;
3° The meals provided;
4° The description of the itinerary in case of a tour;
5° The administrative and health formalities to be completed by French nationals or by nationals of another Member State of the European Union or a State party to the Agreement on the European Economic Area, particularly in case of border crossings, and their deadlines for completion;
6° Visits, excursions, and other services included in the package or possibly available at an additional price;
7° The minimum or maximum group size for the trip or stay and, if the trip or stay is subject to a minimum number of participants, the consumer notification deadline in the event of cancellation of the trip or stay; this date cannot be less than twenty-one days before departure;
8° The amount or percentage of the price to be paid as a deposit on signing the contract and the schedule of payment of the balance;
9° The price revision procedures as provided for in the contract pursuant to Article R. 211-8;
10° The contractual cancellation conditions;
11° The cancellation conditions defined in Articles R. 211-9, R. 211-10, and R. 211-11;
12° The information concerning the optional purchase of an insurance policy covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, particularly repatriation costs in case of accident or illness;
13° When the contract includes air transport services, the information, for each flight segment, provided for in articles R. 211-15 to R. 211-18.
The prior information supplied to the customer commits the seller, unless he specifically reserves the right to modify some elements of the information. The seller must, in that instance, clearly indicate to what extent this change may take place and on what elements. In any event, changes made to prior information shall be notified to the consumer before the conclusion of the contract.
The contract between seller and buyer must be written, drawn up in two copies one of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, it shall invoke articles 1125 to 1127-6, 1176 and 1177 of the Civil Code. The contract shall include 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 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 and points of departure and return;
4° The type of accommodation, its location, degree of comfort and its main features and its tourist classification under the rules of the host country;
5° The catering facilities available;
6° A description of the itinerary when it concerns a tour;
7° The visits, excursions or other services included in the total price of the journey or stay
8° The total price of the services invoiced as well as the indication of any possible revision of this invoice under the provisions of Article R.211-8;
9° Whether fees or taxes chargeable for certain services such as landing taxes or embarkation or disembarkation fees at ports and airports, tourist taxes, are included or not in the rate of the services provided;
10° The payment schedule and method of payment; the final payment paid by the buyer shall not be less than 30% of the cost of the trip or the stay and shall be made when the documents enabling the realization of the journey or stay are handed out;
11° The specific conditions asked by the buyer and accepted by the seller;
12° The ways in which the buyer can submit a claim to the seller in case of failure to perform or improper performance of the contract, claim that must be addressed as soon as possible, by any means capable of producing an acknowledgment of receipt to the seller, and if necessary, reported in writing to the organizer of the trip and to the relevant service provider;
13° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller if the execution of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of Article R.211-4;
14° The cancellation policy which have contractual nature;
15° The cancellation policy under articles R.211-9, R. 211-10 et R. 211-11;
16° Details relating to risks covered and amount of guarantees under the insurance contract covering the consequences of the seller’s civil and professional liability;
17° Indications relating to the insurance contract covering consequences of some cancellation cases subscribed by the buyer (policy number and insurance company’s name) as well as indications relating to assistance contract covering some particular cases, in particular, repatriation in the event of accident or illness; in this case, the seller has to give the buyer a document outlining at least the covered and excluded risks;
18° The deadline for informing the seller in case of contract termination by the buyer;
19° The commitment to provide to the buyer, at least ten days before his scheduled departure date, the following informations:
- a) The name, address and telephone number of the local representation of the seller or otherwise, the names, addresses and phone numbers of the local agencies which can provide assistance to the consumer or, otherwise, a dedicated line offering urgently a contact with the seller ;
- b) For journeys and stays of minors abroad, 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 ;
20° The termination clause and the no-penalty repayment clause of the sums paid by the buyer in case of non-fulfilment of the obligation to provide information under 13° of article R.211-4 21° The commitment to provide the buyer, in due course before the beginning of the journey or the stay, with the departure and arrival times.
The buyer may assign his contract to a transferee provided the latter meets the same conditions as the tenant for the rental period, as long as this contract generated no effects. In the absence of more favourable terms for the transferor, this one shall inform the seller about his decision by any means capable of receiving acknowledgment of receipt at least seven days prior to the starting date of the journey. When it concerns a cruise, this period shall be increased to fifteen days. This transfer is not subject to the seller’s prior authorization.
When the contract contains an explicit possibility of price adjustment, within the limits established by article L.211-12, it must state how the revised price is to be calculated, both when increasing or decreasing, the price changes, and in particular the cost of transport and related fees, the currency or currencies that may have an impact on the price of the journey or stay, the portion of the price for which the variation applies, the currency or currencies’ value used as a reference at the time of pricing described in the contract.
When, before the buyer’s departure, the seller finds himself 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 to inform mentioned in 13° of article R.211-4, the buyer can, without prejudging the redresses for “any damage caused”, and after having been notified by the seller by any means capable of receiving acknowledgment of receipt : -either terminate his contract and get, without penalty, the immediate refund of the amounts paid; -or accept the modification or the alternative journey proposed by the seller; an amendment to the contract stating the modifications is then signed by both parties; any decrease in the price is deducted from the possible outstanding payments from the buyer and, if the payment already made by the latter exceeds the price of the adjusted service, the overpayment shall be returned to him before his departure date.
In the case provided for in article L.211-14, when, before the buyer’s departure, the seller cancels the journey or the stay, he shall inform the buyer by any means capable of receiving acknowledgment of receipt; the buyer, without prejudging the redresses for possible damages suffered, obtains from the seller the immediate refund, and without penalty, of the amounts paid; the buyer receives, in this case, a compensation at least equaling the penalty he’d had to pay if the cancellation had taken place by his own act at this date. The provisions of this article will apply without prejudice to the conclusion of a mutual agreement whose object is the acceptance, by the buyer, of an alternative journey or stay proposed by the seller.
When, after the buyer’s departure, the seller is unable to provide a major share of the services required by the contract representing a significant percentage of the price honored by the buyer, the seller must immediately take the following steps, without prejudging the redresses for possible damages suffered: -either offering services in place of planned services supporting any possible extra charges and, if the services accepted by the buyer are of inferior quality, the seller shall refund him, as soon as he returns, the price differential; -or, if he is unable to offer alternative services or if those are refused by the buyer for valid reasons, supplying the buyer, without a surcharge, with tickets in order to secure his return under conditions that may be considered equivalent to the point of departure or to any other place accepted by both parties The provisions of this article are applicable in case of failure to fulfil obligation referred to in 13° of article R.211-4.
APPENDIX 1: ADDITIONAL INFORMATIONS CONCERNING PACKAGE TRAVEL CONTRACTS
For furter information on Key rights under Directive (EU) 2015/2302 / Click here.
(version 2 – July 2018)