In accordance with article R.211-12 of the Tourism Code, brochures and travel contracts offered by travel agents to their customers must include in extenso the following general conditions from articles R.211-3 to R. 211-11 of the Tourism Code.
TERMS OF SALES
In accordance with articles L.211-7 and L.211-17 of the Tourism Code, the provisions of articles R.211-3 to R.211-11 of the Tourism Code, the text of which is reproduced below, are not not applicable for reservation or sale operations for transport tickets not included in a tourist package. The organizer’s brochure, quote, proposal and program constitute the prior information covered by article R.211-5 of the Tourism Code. Therefore, in the absence of contrary provisions appearing on the front of this document, the characteristics, special conditions and price of the trip as indicated in the brochure, the quote, the organizer’s proposal, will be contractual upon signature of the travel bulletin. ‘registration. In the absence of a brochure, quote, program and proposal, this document constitutes, before its signature by the buyer, the prior information, covered by article R.211-5 of the Tourism Code. It will be void due to lack of signature within 24 hours of its issue. In the event of assignment of a contract, the assignor and/or assignee are first required to pay the resulting costs. When these costs exceed the amounts displayed at the point of sale and those mentioned in the contractual documents, supporting documents will be provided. O-NORD has taken out an insurance contract with the company HISCOX SA guaranteeing its Professional Civil Liability.
Extracts from the Tourism Code
Article R.211-3 : Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel or stay services gives rise to the submission of appropriate documents which meet the requirements. rules defined by this section. In the event of the sale of air transport tickets or regular line transport tickets not accompanied by services linked to this transport, the seller issues to the buyer one or more passenger tickets for the entire journey, issued by the carrier or under his responsibility. In the case of transport on demand, the name and address of the carrier, on whose behalf the tickets are issued, must be mentioned. Separate invoicing of the various elements of the same tourist package does not relieve the seller of the obligations imposed on him by the regulatory provisions of this section.
Article R.211-3-1 : The exchange of pre-contractual information or the provision of contractual conditions is carried out in writing. They can be done electronically under the conditions of validity and exercise provided for in articles 1369-1 to 1369-11 of the civil code. The name or company name and address of the seller are mentioned as well as the indication of his registration in the register provided for in paragraph “a” of article L. 141-3 or, where applicable, the name, the address and indication of the registration of the federation or union mentioned in the second paragraph of Article R. 211-2.
Article R.211-4 : Prior to the conclusion of the contract, the seller must communicate to the consumer information on prices, dates and other elements constituting 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 location, its level of comfort and its main characteristics, its approval and its tourist classification corresponding to the regulations or customs of the host country; 3° The catering services offered; 4° The description of the itinerary when it is a circuit; 5° The administrative and health formalities to be completed by nationals or by nationals of another Member State of the European Union or of a State party to the agreement on the European Economic Area in the event, in particular, of crossing borders as well as their deadlines for achievement; 6° Visits, excursions and other services included in the package or possibly available at an additional cost; 7° The minimum or maximum size of the group allowing the trip or stay to be carried out as well as, if the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or stay; 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 upon conclusion of the contract as well as the payment schedule for the balance; 9° The terms of price revision as provided for in the contract pursuant to article R. 211-8; 10° Cancellation conditions of a contractual nature; 11° The cancellation conditions defined in articles R. 211-9, R. 211-10 and R. 211-11; 12° Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, in particular repatriation costs in the event of an accident or disease ; 13° When the contract includes air transport services, the information, for each flight section, provided for in articles R. 211-15 to R. 211-18.
Article R.211-5 : Prior information given to the consumer binds the seller, unless in this information the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent this modification can be made and on what elements. In any case, changes to the prior information must be communicated to the consumer before the conclusion of the contract.
Article R.211-6 : The contract concluded between the seller and the buyer must be written, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, articles 1369-1 to 1369-11 of the civil code apply. The contract must include the following clauses: 1° The name and address of the seller, its guarantor and its insurer as well as the name and address of the organizer; 2° The destination or destinations of the trip and, in the event of a split stay, the different periods and their dates; 3° The means, characteristics and categories of transport used, the dates and places of departure and return; 4° The mode of accommodation, its location, its level of comfort and its main characteristics and its tourist classification under the regulations or customs of the host country; 5° The catering services offered; 6° The itinerary when it is a circuit; 7° Visits, excursions or other services included in the total price of the trip or stay; 8° The total price of the services invoiced as well as the indication of any possible revision of this invoicing under the provisions of article R. 211-8; 9° Indication, if applicable, of fees or taxes relating to certain services such as landing, disembarkation or boarding taxes at ports and airports, tourist taxes when they are not included in the price of the service(s) provided; 10° The timetable and terms of payment of the price; the last payment made by the buyer cannot be less than 30% of the price of the trip or stay and must be made when submitting the documents allowing the trip or stay to be carried out; 11° The special conditions requested by the buyer and accepted by the seller; 12° The terms according to which the buyer may submit a complaint to the seller for non-performance or poor performance of the contract, a complaint which must be sent as soon as possible, by any means allowing an acknowledgment of receipt to be obtained from the seller, and, where applicable, reported in writing to the travel organizer and service provider concerned; 13° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7 ° of article R. 211-4; 14° Cancellation conditions of a contractual nature; 15° The cancellation conditions provided for in articles R. 211-9, R. 211-10 and R. 211-11; 16° Details concerning the risks covered and the amount of guarantees under the insurance contract covering the consequences of the seller’s professional civil liability; 17° Information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as those concerning the assistance contract covering certain particular risks, in particular repatriation costs in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded; 18° The deadline for informing the seller in the event of assignment of the contract by the buyer; 19° The commitment to provide the buyer, at least ten days before the scheduled date of departure, with the following information: a) The name, address and telephone number of the seller’s local representation or, failing that, the names, addresses and telephone numbers of local organizations likely to help the consumer in the event of difficulty or, failing that, the telephone number allowing urgent contact to be made with the seller; b) For trips and stays of minors abroad, a telephone number and an address allowing direct contact to be established with the child or the person responsible for their stay on site; 20° The clause of termination and reimbursement without penalties of the sums paid by the buyer in the event of non-compliance with the information obligation provided for in 13° of article R. 211-4; 21° The commitment to provide the buyer, in due time before the start of the trip or stay, with the departure and arrival times.
Article R.211-7 : The buyer may assign his contract to an assignee who meets the same conditions as him to carry out the trip or stay, as long as this contract has no effect. Unless stipulated more favorably to the transferor, the latter is required to inform the seller of his decision by any means enabling him to obtain an acknowledgment of receipt no later than seven days before the start of the trip. When it comes to a cruise, this deadline is extended to fifteen days. This transfer is not subject, under any circumstances, to prior authorization from the seller.
Article R.211-8 : When the contract includes an express possibility of revising the price, within the limits provided for in Article L. 211-12, it must mention the precise methods of calculation, both upwards and downwards. decrease, variations in prices, and in particular the amount of transport costs and related taxes, the currency(ies) which may have an impact on the price of the trip or stay, the part of the price to which the variation applies, the rate of the currency(ies) used as a reference when establishing the price appearing in the contract.
Article R.211-9 : When, before the buyer’s departure, the seller is forced to make a modification to one of the essential elements of the contract such as a significant increase in the price and when he ignores the obligation of information mentioned in 13° of article R. 211-4, the buyer may, without prejudging recourse for compensation for damage possibly suffered, and after having been informed by the seller by any means allowing obtain an acknowledgment of receipt: – either terminate your contract and obtain immediate reimbursement of the sums paid without penalty; – either accept the modification or replacement trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums remaining due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of his departure.
Article R.211-10 : In the case provided for in Article L. 211-14, when, before the buyer’s departure, the seller cancels the trip or stay, he must inform the buyer by any means allowing to obtain an acknowledgment of receipt; the buyer, without prejudging any recourse for compensation for any damage suffered, obtains from the seller immediate reimbursement and without penalty of the sums paid; the buyer receives, in this case, compensation at least equal to the penalty he would have incurred if the cancellation had occurred on his behalf on that date. The provisions of this article in no way prevent the conclusion of an amicable agreement aimed at the acceptance, by the buyer, of a substitute trip or stay proposed by the seller.
Article R.211-11 : When, after the buyer’s departure, the seller finds it impossible to provide a majority of the services provided for in the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudging any recourse for compensation for damage possibly suffered: – either offer services to replace the services provided, possibly bearing any additional price 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 it cannot offer any replacement services or if these are refused by the buyer for valid reasons, provide the buyer, at no extra cost, with transport tickets to ensure their return within conditions which may be deemed equivalent to the place of departure or to another place accepted by both parties.
The provisions of this article are applicable in the event of non-compliance with the obligation provided for in 13° of article R. 211-4.
O-NORD – SPECIAL CONDITIONS OF SALE
DÉFINITIONS
Client: any adult natural person or legal entity who requests a quote and purchases travel services from O-NORD. Sales contract or Registration Form: it is concluded between the client and the agency. It contains the information provided for in article L.211-10 and regulation R.211-6 of the tourism code. The quote/program and these conditions are annexed to it and form an integral part. In the event of a contradiction between the quote/program and these conditions, the quote prevails. Seller or O-Nord: SASU with capital of €10,000 whose head office is located at 26 Allée de l’Orient 77870 VULAINES-SUR-SEINE. Registered with the MELUN RCS n°904 683 729, registered with the Travel Agencies Register under n° IM077220003. Financial guarantee: Hiscox SA. Services: services offered and sold by O-NORD to the customer and meeting the definition of the tourist package in article L.211-2 of the tourism code.
Article 1 – TRAVEL INFORMATION
O-NORD provides this information for all French nationals. Persons of foreign nationality must inform themselves and obtain information, before undertaking a trip, about the administrative and health formalities required, in particular from the competent embassies or consulates. It is up to the customer, a French national, to verify that the documents, in particular administrative and health, required for the completion of the trip, are in compliance with the information provided by O-NORD. The customer is strongly recommended to verify all information with the relevant authorities.
O-NORD cannot, under any circumstances, be held responsible for the consequences of the customer’s failure to comply with police, customs or health regulations, before and during the trip. A customer who is unable to board a flight due to failure to present the required documents, mentioned on the registration form given to them, will not be eligible for any reimbursement.
O-NORD strongly advises you to consult the information from the French Ministry of Foreign Affairs relating to your trip (destination country and crossings) on the website www.diplomatie.gouv.fr, section “The French and foreigners”, or to inquire by telephone on 01 43 17 94 93 (Ministry of Foreign Affairs). These sheets are also available on request from O-NORD. O-NORD draws your attention to the fact that the information may change until the date of your departure, it is advisable to consult it regularly.
Information on the programs delivered by O-NORD is given in good faith according to the information in the agency’s possession. O-NORD cannot be held responsible for errors or differences between what was announced and what will actually be carried out (examples: transport time modified for climatic reasons, road congestion). For marketing reasons, the names of certain hotel establishments may be translated or even modified. The description of the establishments will be as accurate as possible (objective elements such as its official classification, the number of rooms etc.) and faithful to the feelings of O-NORD employees (subjective elements such as welcome, charm, quality of catering etc…)
Article 2 – CONCLUSION OF THE CONTRACT
Information: the customer can find out about the services offered by the agency by consulting its websites and/or by contacting the agency’s travel advisors. The customer can request a quote/program. O-NORD will produce a quote which will include all the prior information provided for in article R.211-4 of the Tourism Code. The quote is compliant subject to availability of services.
Quote: upon receipt of the quote, the customer can: 1 – conclude the sales contract (see below); 2 – request modifications to the initial quote by contacting O-NORD. These changes will trigger the establishment of a new quote (2nd version, even 3rd version, etc.). Versions 1, 2 and 3 will be free. The drafting of the 4th version and subsequent ones will result in an invoicing of €50 per quote. Invoicing for these additional quotes will be considered as a deposit on the trip if confirmed by the customer. It will be considered as consulting billing in the event of non-confirmation by the client.
Contract: registration is only concluded upon receipt by the agency of the signed registration form, all initialed pages of the estimate and the deposit. Signing the contract definitively binds the customer who can only cancel his contract under the conditions of article 5 below. The availability of the services is then confirmed by O-NORD within 7 days after the date of signature of the contract. If O-NORD is unable to confirm the services, the sales contract/registration form will be void.
Article 3 – REGISTRATION AND PAYMENT
To be considered final, a registration is subject, when it is made more than 30 days from the date of departure, to the receipt of a deposit of 30% of the total amount of services (section appearing in the registration bulletin). When registering, a secure Up2pay email link from Crédit Agricole will be sent to you) rounded up to the nearest €100. Sometimes this amount will be higher due to special conditions imposed by our suppliers. This information will be explicitly given to the buyer on the quote/program. For any registration less than 30 days from the date of departure, payment must be made in one go and for the entire amount of the trip. Registration will only be considered final after receipt of this payment accompanied by the duly completed and signed registration form.
For all travel reservations less than 21 days before departure, “last minute fees” in the amount of €100 per file will be charged. Purchases of ground services not including the intercontinental flight will result in an invoicing of €80 per file. Any payment made less than 22 days from the departure date can only be made in cash, by transfer or by credit card. According to current regulations, O-NORD does not accept cash payments for a time exceeding €1,000 per file.
The balance of the travel amount must be paid, without reminder from us, no later than 30 days before the date of departure (a secure Up2pay email link from Crédit Agricole will be sent to you). Any delay in payment of the balance may be considered as a cancellation for which the cancellation fees referred to below will be applied.
Article 4 – CHANGES REQUESTED BY THE CUSTOMER BEFORE DEPARTURE
Any modification of an element of a program occurring after signing the registration form and before issuing the ticket will be invoiced €50 per file (agency fees) + modification fees imposed by the service providers (maximum amount: scale cancellation fees below, which may be replaced by the specific cancellation conditions indicated on the quote/program). These costs are not covered by cancellation insurance. Any modification of air or ground service or any request to modify the name or part of the spelling of the name, after issue of the ticket, will be considered as a cancellation followed by re-registration. The cancellation fees referred to below may therefore be levied.
Any modification of an element of a program occurring after signing the registration form and before issuing the ticket will be invoiced €50 per file (agency fees) + modification fees imposed by the service providers (maximum amount: scale cancellation fees below, which may be replaced by the specific cancellation conditions indicated on the quote/program). These costs are not covered by cancellation insurance. Any modification of air or ground service or any request to modify the name or part of the spelling of the name, after issue of the ticket, will be considered as a cancellation followed by re-registration. The cancellation fees referred to below may therefore be levied.
Article 5 – CANCELLATION CONDITIONS AND FEES
If the customer wants/must cancel his trip, he must inform O-NORD by registered letter with acknowledgment of receipt, as soon as possible: it is the date of sending of the registered letter with acknowledgment of receipt which will be retained as cancellation date for billing of cancellation fees.
Cancellation fee scale :
• more than 90 days before the departure date: €300 per person.
• from 90 to 45 days before the departure date: 20% of the total amount of services (with a minimum of €300 per person).
• from 44 to 21 days before the departure date: 35% of the total amount of services (with a minimum of €300 per person).
• 20 to 15 days before the departure date: 50% of the total amount of services (with a minimum of €300 per person).
• from 14 to 6 days before the departure date: 75% of the total amount of services.
• less than 6 days before departure: 100% of the total amount of services.
Whatever the type of trip, it is specified that in the event of cancellation, insurance premiums and agency fees (administrative fees, last minute fees, reservation fees, etc.) remain acquired by O-NORD . Airport taxes are always refunded to the customer. Depending on the company, certain fuel surcharges, security surcharges, etc. may appear as “airport taxes”. Some companies do not reimburse them in the event of cancellation less than 30 days before departure.
Special cases :
• O-NORD can offer the customer products whose character is exceptional either because of very advantageous prices, or on dates which correspond to important events (particularly busy dates) or for other reasons which result in the modification of the cancellation fee schedule. In such cases the cancellation fees that will apply will be indicated on the prior information document relating to the trip.
The remaining provisions herein shall continue to apply.
• Given the issue deadlines imposed by certain airlines, we are sometimes forced to issue tickets well in advance, or even within 72 days of booking. As soon as these tickets are issued and regardless of the cancellation date, a cancellation fee equal to 100% of the ticket price will be charged.
• In the event of cancellation, for whatever reason, costs external to the packages and incurred by the customer such as costs of obtaining visas, vaccination costs, pre-delivery purchases, etc. cannot be covered. subject to any reimbursement.
Article 6 – TARIFF REVISION
• Under no circumstances will O-NORD impose a price change on customers (after signing the contract) citing increased fuel costs and/or the rates of currencies used. O-NORD is one of the few travel organizers to apply this rule.
• When several customers have registered on the same file and one of them cancels their trip, the amount of the trip for customers who are not affected by the cancellation may vary upwards (example: car rental for which the price will be divided between 2 people instead of 4). In this case, the fare difference will be imposed on the customers who make the trip.
• Likewise, when several customers have registered on the same file and another/others join the trip, the amount of the trip for all the customers may vary upwards (example: car rental including the price will be distributed among 4 people instead of 2). In this case, the fare difference will be applied to all customers who make the trip.
Article 7 – AIR TRANSPORT
In accordance with the Montreal Convention, the airline may be required to modify, without notice, in particular the timetables and/or the itinerary. These modifications as well as any technical incident, delay, cancellation, strikes, additional stopovers, change of aircraft, route, political or climatic events cannot justify for the customer a waiver of the trip without charge or the payment of any compensation by O- NORD.
The airline names shown in your travel documents are subject to change. O-NORD undertakes to ensure that all airlines used from France are authorized by the competent administrative authorities to serve French territory.
Article 8 – INSURANCE
The elements below represent extracts from the contracts, the precise details of which will be given to you upon registration. These include limitations on guarantees, exclusions, deductibles and obligations in the event of a claim. We invite you to read these documents carefully.
Repatriation assistance agreement : O-NORD has signed a repatriation assistance contract for you. This guarantee is offered by O-NORD.
Comprehensive insurance agreement (cancellation + baggage + assistance and repatriation): We offer you an extended assistance contract at a price defined in relation to the amount of the trip excluding airport taxes, surcharges linked to the price of fuel and agency fees ( see quote). O-NORD makes the conditions of this comprehensive insurance available to you upon simple request.
Article 9 – COMPLAINTS
Any possible complaint must be sent to the agency by registered mail with acknowledgment of receipt within 30 days from the return date.
In accordance with Ordinance No. 2015-1033 of August 20, 2015 relating to the extrajudicial settlement of consumer disputes, you have recourse to the Tourism and Travel Mediation (http://www.mtv.travel/) in a period of one year after the date of return from the disputed trip. Referral to the mediator can only be made after that of the after-sales service within the travel agency, the Tour Operator or the airline and in the event of a negative response or no response from the service concerned within 60 days.