Excerpt from Decree No. 94-490 of 15 June 1994 taken in application of article 31 of Law No. 92-645 of 13 July 1992, defining performance conditions relative to the organisation and sales for Tour Aventure
Art. 95 - Subject to the exclusions stipulated in paragraph 2 (a and b) of article 14 of the law of 13 July 1992 referred to above, all offers and all sales of travel services or stays result in the handing-over of appropriate documents that meet the rules defined by the present chapter. (.In the case of sale of airline transport tickets or of transport tickets on a regular line not accompanied by services linked to these transports, the seller shall issue to the buyer one or more tickets for the totality of the journey issued by the carrier or under its responsibility.
In the case of transport on request, the name and address of the carrier for whose account the tickets are issued must be given.). Separate billing of the various elements of a same travel package does not exempt the seller from the obligations laid down by the present chapter.
Art. 96 - Prior to entering into contract and on the basis of a written support bearing its corporate name, its address and an indication of its administrative authorisation for exercise, the seller shall communicate to the consumer information on prices, dates and other elements constituting the services provided on the occasion of the journey or of the 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 principal characteristics, its approval and its tourist rating corresponding to the regulations or customs of the host country;
3° The meals provided;
4° A description of the itinerary, when a tour is involved;
5° The administrative and sanitary formalities to be carried out, particularly in the event of crossing borders as well as the time limits for carrying them out;
6° Visits, excursions and other services included in the price or that might be available in return for an additional price;
7° The minimum or the maximum size of the group for carrying through with the journey or the stay as well as, if carrying through with the journey or the stay is subordinated to a minimum number of participants, the final date for informing the consumer in the event of cancellation of the journey or of the stay; this date cannot be fixed at less than twenty-one (21) days prior to departure;
8° The amount or the percentage of the price to be paid as down payment at the time of concluding the contract as well as the calendar for payment of the balance;
9° The terms for revision of prices as stipulated by the contract in application of article 100 of the present decree;
10° The contractual terms of cancellation;
11° The terms of cancellation stipulated in articles 101, 102 and 103 hereinafter;
12° Information concerning the risks covered and the amount of coverage taken out under the insurance policy covering the consequences of the professional legal liability of travel agencies and of the legal liability of non-profit associations and organisations and of local tourist organisations;
13° Information concerning optional subscription of an insurance policy covering the consequences of certain cases of cancellation or of an assistance contract covering certain special risks such as repatriation costs in the event of accident or illness.
Art. 97 - Prior information given to the consumer is binding on the seller, unless in this information the seller should expressly reserve the right to modify certain elements.
In this case, the seller shall clearly indicate to what extent this modification can intervene and on what elements. At all events, modifications made to the prior information must be communicated to the consumer in writing prior to conclusion of the contract.
Art. 98 - The contract entered into between the seller and the buyer must be written, drawn up in duplicate (one copy of which shall be handed over to the buyer) and signed by both parties. It shall include the following clauses :
1° The name and address of the seller, of its manager and of its insurance company as well as the name and address of the organiser;
2° The destination or destinations of the journey and, if the stay is divided up, the various periods and their dates;
3° The means, characteristics and categories of transport used, the dates, hours and places of departure and return;
4° The type of accommodation, its location, its level of comfort and its principal characteristics, its tourist classification corresponding to the regulations or customs of the host country;
5° The number of meals provided;
6° The itinerary, when a tour is involved;
7° The visits, excursions or other services included in the total price of the journey or of the stay;
8° The total price of services billed as well as an indication of any possible revision of this billing pursuant to the provisions of article 100 hereinafter;
9° An indication, where applicable, of the fees or taxes pertaining to certain services such as landing, unloading or boarding taxes in ports and airports, tourist taxes, when they are not included in the price of the service or services provided;
10° The calendar and the terms of payment of the price; at all events, the last payment made by the buyer shall not be less than thirty percent (30%) of the price of the journey or of the stay and must be made at the time the documents making it possible to carry out the journey or the stay are handed over. 11° Special terms and conditions requested by the buyer and accepted by the seller;
12° The means by which the buyer can file a complaint with the seller for non-execution or poor execution of the contract, which complaint must be sent to the seller as quickly as possible by registered letter with acknowledgement of receipt and possibly notified in writing to the organiser of the journey and to the service provider concerned;
13° The time limit for informing the buyer in case of cancellation of the journey or of the stay by the seller in cases where carrying through with the journey or the stay is linked to a minimum number of participants, in application of the provisions of 7° in article 96 hereinabove; 14° The contractual terms of cancellation;
15° The terms of cancellation stipulated in articles 101, 102 and 103 hereinafter:
16° Information concerning the risks covered and the amount of coverage under the insurance policy covering the consequences of the seller's professional legal liability;
17° Information concerning the insurance policy taken out by the buyer covering the consequences of certain cases of cancellation (policy number and name of insurance company) as well as information concerning the assistance contract covering certain particular risks such as repatriation in the event of accident or illness; in this case, the seller shall submit to the buyer a document specifying at a minimum the risks covered and the risks excluded
18° The final date for informing the seller in the event of transfer of the contract by the buyer;
19° The commitment by the seller in writing to provide, no less than ten (10) days prior to departure, the following information :
a) The name, address and telephone number of the seller's local representation or, in the absence thereof, the names, addresses and telephone numbers of the local organisations able to help the consumer in case of difficulty or, failing that, the telephone number where the seller can be contacted in case of emergency;
b) For journeys and stays of minors abroad, a telephone number and an address where the child or the person in charge at the place of the stay can be reached.
Art. 99 - The buyer is entitled to transfer his contract to a transferee who meets the same conditions as he for carrying through with the journey or with the stay so long as this contract has not produced any effect.
Unless more favourably stipulated to the transferor, the transferor is required to inform the seller of his decision by registered letter with acknowledgement of receipt no later than seven (7) days prior to the beginning of the voyage. When a cruise is involved, this deadline is increased to fifteen (15) jours. In no case is this transfer subject to prior authorisation by the seller.
Art. 100 - When the contract includes the express possibility of revising the price, within the limits stipulated in article 19 of the above-mentioned law of 13 July 1992, it must set out the precise methods of calculation, both upwards and downwards, variations in prices, and notably the amount of transport costs and taxes pertaining thereto, the currency or currencies that may have an incidence on the price of the stay, the share of the price to which the variation applies, the rate of the currency or currencies retained as a reference for establishing the price included in the contract.
Art. 101 - When, prior to the buyer's departure, the seller is forced to modify one of the essential elements of the contract such as a significant increase in price, the buyer can, without prejudging recourses for amends for losses that may have been suffered, and after having been informed thereof by the seller by registered letter with acknowledgement of receipt
- either cancel his contract and obtain immediate refund, without penalty, of the sums paid;
- or accept the modification or the alternate journey proposed by the seller; a rider to the contract specifying the modifications made is then signed by the parties; any decrease in price is deducted from the sums that might remain due by the buyer and, if the payment already made by the buyer should exceed the price of the modified service, the overpayment must be returned to him prior to his departure.
Art. 102 - In the case provided for in article 21 of the above-mentioned law of 13 July 1992, when, prior to the buyer's departure, the seller cancels the journey or the stay, he shall inform the buyer thereof by registered letter with acknowledgement of receipt; the buyer, without prejudging the recourses for amends for losses possibly suffered, shall obtain immediate refund from the seller, without penalty, of the sums paid; in this case, the buyer shall receive an indemnity equal to no less than the penalty that he would have borne if the cancellation had occurred of his own doing on this date. In no case do the provisions of the present article form an obstacle to the conclusion of an amicable agreement whose purpose is acceptance by the buyer of an alternative journey or stay proposed by the seller.
Art. 103 - When, after the buyer's departure, the seller finds himself unable to provide a preponderant part of the services stipulated in the contract representing a non-negligible percentage of the price honoured by the buyer, the seller shall immediately take the following steps without prejudging recourses for amends for losses that might have been suffered :
- either he shall propose services in replacement of the stipulated services by possibly bearing all additional prices and, if the services accepted by the buyer are of a lower quality, the buyer shall refund to the difference in price upon his return; or;
- or if he is unable to propose any alternative service or if such services are refused by the buyer for valid reasons, he shall provide the buyer, at no additional price, tickets to ensure his return under conditions that can be judged equivalent towards the place of departure or to another place accepted by the two parties.