Terms of Sale
GENERAL CONDITIONS OF SALE FOR TRAVEL AND STAYS UNDER THE FRENCH TOURISM CODE
Article R211-3
Every offer and every sale of the services referred to in Article L. 211-1 shall give rise to the provision of appropriate documents complying with the rules defined in this section.Article R211-3-1
Pre-contractual information and the provision of contractual conditions shall be carried out in writing. This may be done electronically. The name or trading name and address of the organiser or retailer must be stated, along with the registration number in the register referred to in Article L. 141-3 or, where applicable, the name, address and registration number of the federation or union referred to in the second paragraph of Article R. 211-2.Article R211-4
Prior to conclusion of the contract, the organiser or retailer must communicate the following information to the traveller: 1° The main characteristics of the travel services:- a) The destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights;
- b) The means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and location of stopovers and connections. Where the exact time has not yet been determined, the organiser or retailer shall inform the traveller of the approximate departure and return time;
- c) The location, main characteristics and, where applicable, the tourist category of the accommodation under the rules of the destination country;
- d) Meals provided;
- e) Visits, excursions or other services included in the total price agreed in the contract;
- f) Where this does not follow from the context, whether the travel services will be provided to the traveller as a member of a group and, if so, where possible, the approximate size of the group;
- g) Where the benefit of other tourist services provided to the traveller depends on effective verbal communication, the language in which those services will be provided;
- h) Information on whether the trip or holiday stay is, in general terms, suitable for persons with reduced mobility and, at the traveller’s request, precise information on the suitability of the trip or holiday for the traveller’s needs;
Article R211-5
The information referred to in points 1°, 3°, 4°, 5° and 7° of Article R. 211-4 communicated to the traveller forms part of the contract and may only be modified under the conditions set out in Article L. 211-9.Article R211-6
In addition to the information set out in Article R. 211-4, the contract must contain the following: 1° Any particular requirements of the traveller accepted by the organiser or retailer; 2° A statement that the organiser and retailer are responsible for the proper performance of all travel services included in the contract in accordance with Article L. 211-16 and that they are required to assist the traveller in difficulty in accordance with Article L. 211-17-1; 3° The name of the entity responsible for insolvency protection and its contact details, including its geographical address; 4° The name, address, telephone number, email address and, where applicable, fax number of the organiser’s or retailer’s local representative, a point of contact or another service through which the traveller can quickly and effectively contact the organiser or retailer, request assistance if in difficulty, or complain about any non-conformity identified during the performance of the trip or stay; 5° A statement that the traveller is required to notify any non-conformity identified during the performance of the trip or stay, in accordance with Article L. 211-16(II); 6° Where unaccompanied minors are travelling under a contract that includes accommodation, information enabling direct contact to be established with the minor or the person responsible for the minor at the minor’s place of stay; 7° Information on available internal complaints procedures, on alternative dispute resolution mechanisms and, where applicable, on the entity to which the professional belongs and on the EU online dispute resolution platform provided for under Regulation (EU) No 524/2013; 8° Information on the traveller’s right to transfer the contract to another traveller in accordance with Article L. 211-11. In respect of packages as defined in Article L. 211-2(II)(A)(2)(e), the professional to whom the data is transmitted shall inform the organiser or retailer of the conclusion of the contract giving rise to the creation of a package. That professional shall provide the information needed for the organiser or retailer to fulfil its obligations as organiser. Once the organiser or retailer is informed of the creation of a package, it shall provide the traveller, on a durable medium, with the information referred to in points 1° to 8° above.Article R211-7
The traveller may transfer his/her contract to an assignee who meets the same conditions as the traveller for performing the trip or stay, provided that the contract has not yet taken effect. Unless a provision more favourable to the assignor applies, the assignor must notify the organiser or retailer of the decision by any means enabling acknowledgement of receipt to be obtained no later than seven days before the start of the trip. This transfer is not subject, in any circumstances, to prior authorisation by the organiser or retailer.Article R211-9
Where, before the traveller’s departure, the organiser or retailer is compelled to make a significant modification to the contract, is unable to fulfil the specific requirements referred to in Article R. 211-6(1°), or where a price increase exceeds 8%, the organiser or retailer shall inform the traveller as promptly as possible, in a clear, comprehensible and prominent manner, on a durable medium, of: 1° The proposed modifications and, where applicable, their impact on the price of the trip or stay; 2° A reasonable period within which the traveller must inform the organiser or retailer of the decision taken; 3° The consequences of the traveller failing to respond within the stipulated period; 4° Where applicable, any alternative service offered and its price. Where the modifications to the contract or the substitute service result in a reduction in the quality or cost of the trip or stay, the traveller is entitled to an appropriate reduction in price. If the contract is terminated and the traveller does not accept any alternative service, the organiser or retailer shall refund all payments made by or on behalf of the traveller as promptly as possible and in any event within fourteen days of termination, without prejudice to compensation under Article L. 211-17.Article R211-10
The organiser or retailer shall make the refunds required under Article L. 211-14(II) and (III) or, under Article L. 211-14(I), refund all payments made by or on behalf of the traveller less any applicable termination charges. These refunds to the traveller shall be made as promptly as possible and in any event within fourteen days at most of termination of the contract. In the case provided for in Article L. 211-14(III), any additional compensation the traveller may receive shall be at least equal to the penalty the traveller would have incurred had the cancellation occurred at the traveller’s own initiative at that date.Article R211-11
The assistance owed by the organiser or retailer under Article L. 211-17-1 shall consist in particular of: 1° Providing useful information on health services, local authorities and consular assistance; 2° Assisting the traveller in making long-distance communications and in finding alternative travel services. The organiser or retailer is entitled to charge a reasonable fee for this assistance if the difficulty was caused intentionally or through negligence by the traveller. The fee charged shall not in any case exceed the actual costs borne by the organiser or retailer.TIERRA LATINA’S SPECIFIC TERMS AND CONDITIONS OF SALE
1. REGISTRATION
Registration only becomes final upon payment of the deposit. No booking will be made prior to that date. The travel pack (airline tickets, vouchers, list of service providers) will be sent upon receipt of the balance and no later than one week before departure.2. PRICES
Prices communicated by TIERRA LATINA are subject to adjustment in the following cases:- Unavailability of the requested services
- Sudden variation in service prices (inflation, fuel prices, etc.)
- Fluctuation of the US Dollar, Euro or other local currencies (Argentine peso, Chilean peso, Peruvian sol, etc.). Reference exchange rate: www.economie.gouv.fr.
- Programme change due to force majeure or at the client’s request.
3. PAYMENT
For organised travel, a deposit of 30% is required at the time of registration (or more in the case of airline tickets requiring immediate payment). The remaining balance of 70% must be paid no later than one month before departure (2 months for groups of 10 or more), without any reminder from TIERRA LATINA. For excursions outside a package, the balance is required in order to confirm the booking. If the departure date for the trip/services is less than one month away at the time this contract is issued, the full price of the trip is required at the time of booking. Payment may be made in cash in euros, by cheque payable to TIERRA LATINA, by bank card (Mastercard or Visa) via an ‘up2pay’ payment link, or by bank transfer to TIERRA LATINA at: Crédit Agricole de l’Anjou et du Maine — Bank code: 17906 | Branch code: 00032 | Account number: 96397089425 | RIB key: 63 | Branch: ANGERS COUBERTIN (00301) | IBAN: FR76 1790 6000 3296 3970 8942 563 | SWIFT/BIC: AGRIFRPP879.4. CANCELLATION
TIERRA LATINA may cancel a trip in the event of force majeure (natural disaster, conflict, epidemic, etc.). Participants will be notified as soon as possible. An alternative trip will be offered, or the deposit paid will be refunded. The client may also cancel their participation. Cancellation must be requested by registered letter. Regardless of the reason stated, cancellation fees will be applied as follows:- Standard trips: 0% of the total trip cost (excluding flights) for cancellation more than 40 days before departure; 50% of amounts paid for cancellation between 30 and 40 days before departure; 100% for cancellation less than 30 days before departure.
- Groups of 10 or more: 10% of the total trip cost (excluding flights) for cancellation more than 3 months before departure; 50% of amounts paid for cancellation between 2 and 3 months before departure; 100% for cancellation less than 2 months before departure.
5. MODIFICATIONS
TIERRA LATINA may modify the content of programmes in response to normally unforeseeable events. The client must be informed and may choose to cancel their participation without charge in the event of a major modification. Any modification requested by the client (change of name, number of participants, programme, etc.) is subject to approval by TIERRA LATINA, which may decide to increase the quoted price. If the client refuses the price increase, this will be treated as a cancellation.6. LIABILITY
TIERRA LATINA’s liability may only be engaged in the event of failure to provide the agreed services. With regard to air transport, the after-sales policy of each airline company will apply. If an airline cancels or reschedules flights in a way that requires the programme to be modified and results in additional costs, TIERRA LATINA can only compile a dispute file and submit it to the airline. Should the airline fail to reimburse those costs, they shall be borne by the client. If borders close at the time of the travel service and this closure requires the programme to be modified and results in additional costs, TIERRA LATINA can only produce a document describing the facts and associated costs and forward it to the traveller. The traveller may then compile a dispute file with their travel insurance provider. Should the insurance provider fail to reimburse those costs, they shall be borne by the client. The client is responsible for ensuring that certain conditions are met in order to undertake the journey:- Satisfactory state of health (altitude, temperature tolerance).
- Valid travel documents: passport (minimum 6 months’ validity after the planned return date to France), visas, authorisations and licences. Names, surnames, dates of birth and passport numbers provided for airline tickets must match the passport exactly.
- Required vaccinations completed and/or specific treatments administered (full COVID-19 vaccination schedule, yellow fever, etc.).
- Ability to participate in the activities included in the programme (driving, horse riding, trekking, scuba diving, etc.).