The company LEADER SARL, hereinafter referred to under the commercial brand "Des Hôtels & Des Îles," is a company under French law with a capital of €7,622.45, whose registered office is located at 120 Rue de la Boétie, 75008 Paris, registered with the Paris Trade and Companies Register under number B339 261 695, SIRET 339 261 695 000 29, APE code 67 08.
Financial guarantee with GROUPAMA ASSURANCE-CREDIT & CAUTION
Professional liability insurance for travel agencies (Article R. 212-14 of the Tourism Code TMS)
Travel agent registration no. IM. 971120017
These general terms and conditions are effective as of September 20, 2009. This edition cancels and replaces all previous versions.
Article 1. Definitions – Travel Package – Scope of Application
1.1 Definitions
The definitions below have the same meaning whether used in the singular or plural.
"The Mahogany Hôtel Résidence & Spa" refers to the hotel marketed by the company LEADER
"Des Hôtels et des Îles" refers to the company LEADER, Service Provider
"Partner" refers to all service providers.
"Service" refers to the travel packages offered on the website www.deshotelsetdesiles.com
"Site" refers to the website www.hotel-mahogany.com
"User" refers to any user of the Site who browses, reads, books, and/or purchases one or more Services offered on the Site.
1.2 Travel Package
For the purposes of these General Terms and Conditions, a travel package is defined as the booking, offered for a total price, of a service exceeding 24 hours or including an overnight stay, and combining at least two of the following three elements:
- A transport or car rental service,
- Accommodation,
- A travel service that is not ancillary to transport or accommodation, but represents a significant portion of the total price.
The booking of travel packages is governed by Title 1st of Book II of the French Tourism Code regarding the organization of the sale of travel and stays.
In accordance with Article R. 211-14 of the French Tourism Code, Articles R. 211-5 to R. 211-13 of said Code are reproduced at the end of these General Terms and Conditions of Sale.
These provisions are supplemented by the specific booking terms as applied on the site www.hotel-mahogany.com.
1.3 Scope
These general terms and conditions of use (hereinafter the “General Terms”) govern the offer and provision of the Services.
Booking Services is reserved exclusively for Users who have previously read the General Terms and Conditions in their entirety and accepted them by checking the box or clicking on the hyperlink provided for this purpose. Without this acceptance, it is technically impossible to proceed with the booking process.
Consequently, completing the booking process on the Site constitutes the User’s express acceptance of these General Terms and Conditions.
The specific terms and conditions of the Partners (hereinafter the “Specific Terms”) also apply to the offer and provision of Services, under the same terms as the General Terms and Conditions. The User accepts the Specific Terms at the time of the actual booking.
The General Terms and Conditions may be modified at any time without notice, it being understood that such modifications will not apply to Service bookings made previously. It is therefore imperative that the User reviews and accepts the General Terms and Conditions at the time of booking, particularly to ensure they are aware of the provisions in force.
Article 2. Booking
2.1 Eligibility – Use of the site
The purpose of the Site is to assist the User in searching for travel and tourism-related Services, to make the appropriate bookings, and to conclude any related transactions with the Partners. The User must be at least 18 years old, have the legal capacity to enter into contracts, and use this Site in accordance with the General Terms and Conditions.
Except in cases of fraud, for which the User bears the burden of proof, the User is financially responsible for their actions on the Site, particularly regarding the use of their username and password. The User also guarantees the truthfulness and accuracy of the information provided about them on the Site.
Any fraudulent use of the Site, or any use that violates these General Terms and Conditions, will justify the refusal of access to the Services offered by deshotelsetdesiles.com and/or its Partners or other Site features to the User at any time.
2.2 Making and cancelling bookings
Bookings must be made exclusively on the site, with payment of the price by credit card at the time of booking.
Cancellation policies vary depending on the offer or the period of stay and should be reviewed at the time of booking the accommodation.
The booking confirmation, which includes the essential details such as the identification of the booked Service(s) and the price, will be sent to the User via email within a maximum of 1 business day from the booking date.
2.3 Travel document issuance and collection
Travel documents issued for a Service booked via the Site are sent by email to the address provided by the User during the booking process, in accordance with the provisions applicable to each type of Service available on the Site prior to booking or as outlined in the Specific Terms and Conditions.
If the delivery of travel documents is rendered impossible due to an error in the contact details provided by the User, neither the relevant Partner(s) nor www.deshôtelsetdesiles.com can be held liable.
2.4 Evidence
It is expressly agreed that, unless there is a manifest error on the part of the Partners or Des Hôtels & Des Îles for which the User provides proof, the data stored in the information system of Des Hôtels & Des Îles and/or its Partners shall be considered as evidence of the bookings made by the User. Data on computer or electronic media constitutes valid evidence and, as such, is admissible under the same conditions and with the same probative force as any document drawn up, received, or kept in writing.
2.5 Right of withdrawal
The User is informed that, pursuant to Article L. 221-18 of the French Consumer Code, the Services offered on the Site by Des Hôtels & Des Îles in its own name or on behalf of its Partners are not subject to the right of withdrawal provided for in Articles L. 121-20 et seq. of the Consumer Code regarding distance selling.
Consequently, Services booked on the Site are exclusively subject to the cancellation and modification conditions provided for herein and/or in the applicable Specific Conditions of the Partners.
Article 3. Details of Services
Des Hôtels & Des Îles offers Travel Services on the site, in particular package tours, airline tickets, accommodation booking, car rental, and travel insurance. Des Hôtels & Des Îles Special Offers are all such Services provided directly to Users by Des Hôtels & Des Îles. For all other Services, Des Hôtels & Des Îles acts in the name and on behalf of various Partners (hotel and/or transport providers, tour operators, and travel agents).
The following indicative list is not exhaustive and does not replace the Specific Conditions as they appear in the booking.
3.1 Air transport services
Air transport services are offered as part of a package tour.
Travel Conditions
The terms and conditions for air travel are governed by the specific terms of the airlines or Partners.
It is the User's responsibility to comply with the instructions of the airlines and Partners, particularly regarding check-in deadlines. It is recommended to arrive at check-in at least three hours before the flight departure time for international flights and at least two and a half hours in advance for domestic flights.
The name of the airport, when the contractually served city has several, is provided for information purposes only and may be subject to change.
Users are advised to allow sufficient time for potential delays when booking a trip on the Site that includes a connection or transit, particularly when this involves a change of airport.
Children under 2 years old do not have an airplane seat unless parents choose to pay for a full seat specifically for them. Please note that this provision is only valid provided the children are under 2 years old for the entire duration of the trip, both on the departure date and the return date. Airlines consider that children who exceed the age of 2 by the return date must purchase a round-trip ticket at the child fare. Any costs incurred due to non-compliance with this rule cannot be refunded.
Unaccompanied children under 15 are not permitted.
Children aged 15 or over must be in possession of identification documents in their own name.
Formalities
The formalities mentioned on the Site are intended for nationals of France, Belgium, Luxembourg, and Switzerland.
If the User is not a national of one of these 4 countries, it is their responsibility to personally inquire about the formalities applicable to their situation, at their own sole risk.
Between the publication of information on the Site and the User's departure date, certain changes may occur. We therefore advise the User to check the Site just before departure.
The User is informed on the Site of the administrative and/or health formalities required for the trip. It is the User's responsibility to familiarize themselves with these. The completion of and costs resulting from police, customs, and health formalities required for your trip, such as passports, national identity cards, residence permits, parental authorizations, visas, medical certificates, and vaccination records, are the responsibility of the User.
We draw your attention to the fact that the regulations of certain countries require passports to be valid for more than 6 months beyond the return date. Furthermore, children aged 15 or over must be in possession of identity documents in their own name.
If the User is unable to depart on the indicated date due to failure to comply with these administrative and health formalities, the price paid will under no circumstances be refunded.
In the event of a lost or stolen ticket, the User must file a specific report with the police and the airline and purchase another ticket from the issuing Partner; only the Specific Terms and Conditions of the relevant Partner may provide for a refund.
Liability of air carriers
Please note that the liability of air carriers is most often limited by the national or international law applicable to them, or by their own Specific Terms and Conditions. For air travel, an excerpt of these conditions is provided to the User with their travel documents.
Electronic ticket
An electronic ticket is a paperless ticket. When booking such a ticket, the User must present themselves at the check-in counter of the relevant airline with valid travel documents (passport, visa, ID card, etc.) to obtain their boarding pass. The User must therefore adhere to the required check-in deadlines.
3.2 Accommodation and stay services
These services are offered either as accommodation-only or as part of a package tour.
Trip duration
The day of departure and the day of return are included in the duration of the trip. The first and/or last night may be shortened by a late arrival, an early departure, or an overnight flight.
Room access
Please note that, in most cases, rooms are only available from 3:00 PM and must be vacated by 12:00 PM, regardless of the arrival or departure time of the transport used.
Single rooms generally contain one single bed or two beds for one person. These rooms often incur a supplement. Double rooms are provided with either two single beds or one double bed.
Classification
The comfort rating assigned to hotels in the descriptions on the Site is based on local standards in the host country and may therefore differ from French standards; it is provided for information purposes only. In exceptional cases, the originally booked hotel may be replaced by another hotel of the same category offering equivalent services.
Activities
Furthermore, some activities offered by Partners and listed in the descriptions on the Site may be cancelled, particularly due to weather conditions, force majeure, off-season travel, or if the minimum number of participants required for the activity is not met.
The cancellation of any activity due to force majeure shall not, under any circumstances, entitle the User to any compensation.
Regarding tours, the order of site visits is provided for information purposes only and may be subject to change by the Partners.
Meals
When meals are included in the tourist package, the number of meals depends on the number of nights. Full board includes breakfast, lunch, and dinner. Half board includes breakfast and either lunch or dinner, depending on the package. Full board and half board begin with the meal preceding the first night and end with the breakfast following the last night of accommodation.
Please note that, unless otherwise stated in the package descriptions on the Site, drinks are not included with meals and are at the User's expense. If potable water is unavailable, the cost of purchasing bottled water is the sole responsibility of the User.
Parents are advised to bring appropriate food for their baby, as it may not always be available on-site.
3.3 Vehicle rental services
The provision of vehicle rental services is governed by the Partners' specific terms and conditions.
Payment methods
When picking up the vehicle, the main driver must present their bank card.
Furthermore, the Partner will request a pre-authorization from the User's bank for the security deposit. The User should therefore contact their bank to check their spending limit, which this pre-authorization will affect.
If the User does not comply with the rules set out above, the Partner will not release the vehicle.
The User must check the Partner's Specific Terms and Conditions to see which bank cards are accepted, as some cards, such as Electron cards, may not be accepted.
Additional fees
For vehicle rentals in certain countries, some Partners automatically charge for a full tank of fuel upon return if the user has not refueled the vehicle beforehand.
The User is required to return the vehicle to the same branch where it was picked up; otherwise, Partners will charge additional fees known as "drop-off fees."
3.4 On-site activities
The booking of "On-site Activities" alone is governed by the Partners' Specific Terms and Conditions.
These services are non-transferable, non-modifiable, and non-refundable.
Price
The descriptions of the Services presented on the Site specify which "On-site Activities" are included in the stated price. Prices are indicated in Euros and are generally inclusive of all taxes, unless otherwise stated on the Site.
Article 4. Prices
The travel descriptions presented on the Site specify the services included in the price for each trip. Prices are indicated in Euros and are inclusive of all taxes, unless otherwise stated on the Site.
Please note that certain additional taxes (tourist tax, city tax, or visa fees) may be imposed by local authorities in some countries and must be paid on-site. These additional taxes, where applicable, are the responsibility of the User. The prices provided are valid only for a limited time. All bookings must be paid in the local currency of the Hotel.
Package tour prices are calculated based on the number of nights rather than the number of full days.
In general, and unless expressly stated otherwise, prices do not include insurance, airport services, excess baggage fees, transfers from the airport to the accommodation, visa fees, vaccinations, or any personal expenses (laundry, telephone, drinks, room service, tips, etc.), nor do they include excursions, the use of sports facilities, or, more generally, any service not expressly mentioned on the Site.
Article 5. Photos and illustrations
Every effort is made to provide photos and illustrations that give the User an overview of the Services offered. These photos and illustrations are intended to indicate the category of accommodation or the level of comfort. The photographs displayed on the Site are not contractually binding. Variations may occur, particularly due to changes in furniture or potential renovations. The Client may not make any claims based on such variations.
Article 6. Insurance
No insurance is included in the prices offered on the Site. Therefore, it is recommended that the User purchase an insurance policy covering the consequences of certain cancellation scenarios and an assistance policy covering specific risks, such as repatriation costs in the event of an accident or illness.
To this end, various insurance policy options are offered to Users, underwritten by ASSUREVER – TSA 72218 18039 BOURGES CEDEX.
The risks covered by these policies, as well as their cost and the coverage amounts, are provided on the Site for informational purposes only. If an insurance policy is purchased, the policy document will be provided to the User.
Claims must be filed directly with the insurance company in accordance with the terms of the insurance policy.
Article 7. User Support and Complaints
7.1 User Support
The User may contact Des Hôtels & Des Îles during the booking process for Services to obtain assistance, information, and clarification regarding the purpose and terms of their booking:
– by phone at: 00 (33) 01 42 56 46 98,
– by email: info@deshotelsetdesiles.com
Personal data provided by the User to Des Hôtels & Des Îles is intended for use by Des Hôtels & Des Îles and its subcontractors, whether based inside or outside the European Union, for the purpose of processing the User's request. Unless the User objects, this data may also be used to inform the User about products and services offered by the Des Hôtels & Des Îles group. In this capacity, as a member of the Des Hôtels & Des Îles group, the company may send the User information to help them better understand and use the Site, provide access to promotional offers featured on the Site, and suggest offers from its Partners. Where applicable, offers from Des Hôtels & Des Îles Partners will only be sent to the User via SMS or email with their prior consent, in accordance with the provisions of Law 2004-575 of June 21, 2004, on "Confidence in the Digital Economy," Law 78-17 on "Data Protection" as amended by Law 2004-801 of August 6, 2004, and the Des Hôtels & Des Îles Privacy Policy available on the Site.
In accordance with the French Data Protection Act of January 6, 1978, as amended, the User has the right to access, modify, rectify, and delete their personal data at any time. This right may be exercised by sending an email via the "Contact" section of the Site or by writing to Des Hôtels & Des Îles at 120 Rue de la Boétie – 75008 Paris, provided that proof of identity is submitted.
7.2 Complaints Department
Any requests for information, clarification, or potential complaints must be addressed to Des Hôtels & Des Îles, which collects them on behalf of and for the Partners, within 30 days following the end of the stay:
- By registered letter with acknowledgment of receipt to Des Hôtels & Des Îles: 120 Rue La Boétie – 75008 Paris – France
- By email at the following address: info@deshotelsetdesiles.com
Claims will only be accepted if the issues they concern were reported to Des Hôtels & Des Îles or the Partner during the trip, so that an attempt could be made to remedy them and limit the damage suffered by the User.
No claims will be accepted regarding the loss, damage, or theft of luggage, clothing, or personal items left under the User's supervision during their stay, unless proven fault on the part of Des Hôtels & Des Îles or its Partners is established. Luggage checked with an airline is only insured for the duration of transport.
Article 8. Responsibilities and guarantees regarding the use of the site
No guarantee is provided to the User regarding:
- The absence of anomalies, errors, or bugs that might affect navigation on the Site or the implementation of any feature offered on the Site; or
- The possibility of correcting such anomalies, errors, or bugs; or
- The absence of interruptions or failures in the operation of the Site; or
- The potential compatibility of the Site with specific hardware or configurations.
Under no circumstances shall Des Hôtels & Des Îles be liable for any direct or indirect and/or intangible damages, whether foreseeable or unforeseeable (including loss of profits or opportunities), arising from the provision and/or use or the total or partial inability to use the features of the Site.
Hypertext links on the Site that direct the User to other websites are provided solely to facilitate the User's search.
In any event, the User declares that they are aware of the characteristics and limitations of the Internet, particularly its technical performance, response times for viewing, querying, or transferring data, and the risks associated with the security of communications.
Article 9. Intellectual Property
9.1. General Provisions
The Site, its content, and all elements constituting it are creations for which companies within the Des Hôtels & Des Îles group and/or, where applicable, its Partners, hold all intellectual property rights and/or exploitation rights, particularly with regard to copyright, database rights, trademark rights, and design rights.
The Site, as well as the software, databases, text, information, analyses, images, photographs, graphics, logos, sounds, or any other data contained on the Site, remain the exclusive property of companies within the Des Hôtels & Des Îles group and/or its Partners or, where applicable, their respective owners with whom the latter have entered into usage agreements.
The User is granted a non-exclusive, non-transferable, private right to use the Site and the data contained therein. The right granted consists of (i) the right to view the data and information contained on the Site online and (ii) the right of reproduction, consisting of printing and/or saving the data and information viewed. This right of use is intended solely for strictly private use.
Any other use of the Site, particularly for commercial purposes, is prohibited. The User is specifically prohibited, without limitation, from reproducing and/or displaying for non-private use, selling, distributing, broadcasting, translating, adapting, publishing, or communicating in full or in part, in any form whatsoever, any element, information, or data from the Site.
Furthermore, the User is prohibited from introducing, by any means whatsoever, data that could modify or damage the content or presentation of the Site.
Any hyperlink to the Site, regardless of the type of link, must be subject to prior authorization from Expedia, acting on behalf of and for the account of the rights holder, in paper or electronic format.
9.2. Software
The use of any software downloaded from the Site to access certain Services or features is governed by the terms of the accompanying license. The User agrees not to install, copy, or use such software without first agreeing to the terms of said license.
For any software not accompanied by a license, the User is granted a temporary, private, personal, non-transferable, and non-exclusive right to use said software for the sole purpose of accessing the Services and features that require the use of this software. By installing or using the software, the User agrees to comply with this condition.
Article 10. Personal Data Protection
The information provided by the User on the Site is used to process and fulfill their bookings.
The Privacy Policy available on the Site sets out all provisions relating to the protection of personal data. In the event of any contradiction between these Terms and Conditions and the Privacy Policy, the latter shall prevail.
In accordance with Article 32 of the Data Protection Act of January 6, 1978, as amended by Law 2004-801 of August 6, 2004, information essential for processing and fulfilling bookings is marked with an asterisk on the Site pages.
To learn more about how your data is processed and your rights regarding your personal data, please consult our privacy policy.
To exercise these rights, please contact the Des Hôtels & Des Îles Data Protection Officer either by mail at 120, rue La Boétie, 75008 Paris – France, or by email at: dpo@deshotelsetdesiles.com
Other requests for information requiring an optional response, or information regarding the User's interest in offers that may be sent to them, are intended to better understand the User and to improve the services offered to them.
Unless the User objects, Des Hôtels & Des Îles may share this optional information concerning the User with companies within its group, including those outside the European Union, particularly in the United States. The User expressly consents to this transfer.
Des Hôtels & Des Îles may send the User information by any means (electronic, paper, SMS, etc.) to help them better understand and use their respective sites, to provide them with promotional offers featured on these sites, and to offer them deals from their Partners, in strict compliance with the provisions of the "Confidence in the Digital Economy" Act and the amended "Data Protection" Act, subject to the User's prior consent or right to object, as provided for in the Privacy Policy available on the Site.
Furthermore, Des Hôtels & Des Îles transmits information regarding the User's booking to its insurer. This transmission allows Des Hôtels & Des Îles to combat bank card fraud.
Any non-payment resulting from the fraudulent use of a bank card will result in the details related to the User's booking being entered into a payment incident file managed by the insurer and placed under their responsibility.
In accordance with the amended Data Protection Act of January 6, 1978, the User has the right to access, modify, rectify, and delete their personal data at any time. This right may be exercised by sending an email via the "Contact" section of the Site or by writing to Des Hôtels & Des Îles – 120 Rue de la Boétie – 75008 Paris, provided that proof of identity is submitted.
Article 11. Governing Law
The contract between www.hotel-mahogany.com and the User is expressly governed by French law.
Any dispute relating to its interpretation and/or execution shall be subject to the jurisdiction of the French courts.
You may also contact the Tourism and Travel Mediator at https://www.mtv.travel/saisir-le-mediateur/ or by mail at:
MTV – MEDIATION TOURISME VOYAGE
Service dépôt des saisines
CS 30958
75383
PARIS CEDEX 08
Article 12. Reproduction of Articles R. 211-5 to R. 211-13 of the Tourism Code
Art. R. 211-5. – Subject to the exclusions provided for in the second paragraph (a and b) of Article L. 211-8, any offer and sale of travel or stay services shall result in the delivery of appropriate documents that meet the rules defined by this title. In the case of the sale of air transport tickets or scheduled transport tickets not accompanied by services related to such transport, the seller shall issue to the buyer one or more tickets for the entire trip, issued by the carrier or under its responsibility. In the case of on-demand transport, the name and address of the carrier on whose behalf the tickets are issued must be mentioned. Separate invoicing for the various elements of the same tourist package does not exempt the seller from the obligations imposed by this title.
Art. R. 211-6. – Prior to the conclusion of the contract and based on a written document bearing their company name, address, and indication of their administrative authorization to operate, the seller must provide the consumer with information on prices, dates, and other constituent elements of 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, comfort level, and main features, its approval, and its tourist classification corresponding to the regulations or customs of the host country; 3) The meals provided; 4) A description of the itinerary in the case of a tour; 5) The administrative and health formalities to be completed, particularly in the event of crossing borders, as well as the timeframes for their completion; 6) The visits, excursions, and other services included in the package or potentially available for an additional fee; 7) The minimum or maximum group size required for the trip or stay to take place, 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; 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 price revision methods as provided for by the contract in application of Article R. 211-10; 10) The contractual cancellation conditions; 11) The cancellation conditions defined in Articles R. 211-11, R. 211-12, and R. 211-13; 12) Details concerning the risks covered and the amount of coverage under the insurance contract covering the consequences of the professional civil liability of travel agencies and the civil liability of non-profit associations and organizations and local tourism organizations; 13) Information concerning the optional subscription to an insurance contract covering the consequences of certain cancellation cases or an assistance contract covering certain specific risks, particularly repatriation costs in the event of accident or illness.
Art. R. 211-7. – The prior information provided to the consumer is binding on the seller, unless the seller has expressly reserved the right to modify certain elements therein. In that case, the seller must clearly indicate to what extent this modification may occur and which elements it concerns. In any event, any modifications made to the prior information must be communicated to the consumer in writing before the contract is concluded.
Art. R. 211-8. – The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate with one copy given to the buyer, and signed by both parties. It must include the following clauses: 1) The name and address of the seller, their guarantor, and their insurer, as well as the name and address of the organizer; 2) The destination or destinations of the trip and, in the case of a split stay, the different periods and their dates; 3) The means, characteristics, and categories of transport used, and the dates, times, and places of departure and return; 4) The type of accommodation, its location, comfort level, and main features, and its tourist classification according to the regulations or customs of the host country; 5) The number of meals provided; 6) The itinerary in the case of a tour; 7) The 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 an indication of any potential revision of this invoice under the provisions of Article R. 211-10; 9) An indication, if applicable, of fees or taxes related to certain services, such as landing, disembarkation, or embarkation taxes at ports and airports, and tourist taxes when they are not included in the price of the service(s) provided; 10) The schedule and methods of payment for the price; in any event, the final payment made by the buyer cannot be less than 30% of the price of the trip or stay and must be made upon delivery of the documents required to carry out the trip or stay; 11) The Special Conditions requested by the buyer and accepted by the seller; 12) The procedures by which the buyer may submit a complaint to the seller for non-performance or improper performance of the contract, which must be sent as soon as possible by registered letter with acknowledgment of receipt to the seller, and reported in writing, if applicable, to the trip organizer and the service provider concerned; 13) The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller, in cases where the trip or stay is subject to a minimum number of participants, in accordance with the provisions of 7) of Article R. 211-6; 14) The contractual cancellation conditions; 15) The cancellation conditions provided for in Articles R. 211-11, R. 211-12, and R. 211-13; 16) Details concerning the risks covered and the amount of coverage 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 cancellation cases taken out by the buyer (policy number and name of the insurer), as well as information concerning the assistance contract covering certain specific risks, particularly 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 a transfer of the contract by the buyer; 19) The commitment to provide the buyer in writing, at least ten days before the scheduled departure date, with the following information: a) The name, address, and telephone number of the seller's local representative or, failing that, the names, addresses, and telephone numbers of local organizations that can assist the consumer in case of difficulty, or, failing that, an emergency telephone number to contact the seller; b) For trips and stays of minors abroad, a telephone number and address to establish direct contact with the child or the person responsible for their stay on-site.
Art. R. 211-9. – The buyer may transfer their contract to an assignee who meets the same conditions as them to take the trip or stay, as long as the contract has not yet produced any effect. Unless more favorable terms are stipulated for the transferor, the latter is required to inform the seller of their decision by registered letter with acknowledgment of receipt at least seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This transfer is in no way subject to prior authorization by the seller.
Art. R. 211-10. – When the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-13, it must mention the precise methods for calculating price variations, both upward and downward, and in particular the amount of transport costs and related taxes, the currency or currencies that may affect the price of the trip or stay, the portion of the price to which the variation applies, and the exchange rate of the currency or currencies used as a reference when establishing the price stated in the contract.
Art. R. 211-11. – 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 price increase, the buyer may, without prejudice to any claims for damages that may be incurred, and after having been informed by the seller by registered letter with acknowledgment of receipt: – either terminate their contract and obtain an immediate refund of all sums paid, without penalty; – or accept the modification or the substitute trip proposed by the seller; an amendment to the contract specifying the changes made shall then be signed by the parties; any price reduction shall be deducted from any sums still owed by the buyer, and if the payment already made by the latter exceeds the price of the modified service, the overpayment must be refunded to them before their departure date.
Art. R. 211-12. – In the case provided for in Article L. 211-15, when the seller cancels the trip or stay before the buyer's departure, the seller must inform the buyer by registered letter with acknowledgment of receipt; the buyer, without prejudice to any claims for damages that may be incurred, shall obtain from the seller an immediate refund of all sums paid, without penalty; in this case, the buyer shall receive compensation at least equal to the penalty they would have incurred if the cancellation had been made by them on that date. The provisions of this article shall in no way prevent the conclusion of an amicable agreement for the buyer to accept a substitute trip or stay proposed by the seller.
Art. R. 211-13. – When, after the buyer's departure, the seller finds it impossible to provide a major portion of the services stipulated in the contract, representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures, without prejudice to any claims for damages that may be incurred: – either offer replacement services, covering any price difference, and if the services accepted by the buyer are of lower quality, the seller must reimburse the difference in price upon the buyer's return; – or, if the seller cannot offer any replacement services or if they are refused by the buyer for valid reasons, provide the buyer with transport tickets at no extra cost to ensure their return under conditions that may be considered equivalent to the place of departure or another location accepted by both parties.
Article 13. Final Provisions
The fact that Des Hôtels & Des Îles does not avail itself, at any given time, of any of the provisions of the General Terms and Conditions shall not be interpreted as a waiver of its right to avail itself of any of these provisions at a later date.
In the event that any provision of the General Terms and Conditions is declared null or void, that provision shall be deemed unwritten, without affecting the validity of the other provisions, unless the provision declared null or void was essential and decisive.
Any case of force majeure suspends the obligations of these terms affected by the force majeure event and exempts the party that should have performed the affected obligation from any liability.