THE BOOKING & SALE OF LANGUAGE STUDY PROGRAMS (SERVICE PROVIDERS)
WEP, RCS no. B 492 012 372 RC S LYON, whose registered office is at 12 Quai Saint-Antoine, 69002 Lyon, France, is a Limited Liability Company with a capital of 120,000€, holder of the license no. LI-069-07-0001, asset no. IM069110028 and registered as a training provider under no. 82 69 12024 69; guarantor of the seller, Fortis Bank with a registered office at 29-30 Quai de Dion Bouton, 92800 Puteaux, France. Seller's insurance: Gan Eurocourtage with a registered office at 4-6 Avenue d'Alsace, 92033 La Défense Cédex, France.
WEP offers the Participant language study programs as described (subject to printing errors) in its brochures and on its website.
Unless otherwise agreed in the contract, all services offered by the company WEP (hereinafter referred to as "WEP") to its customers (hereinafter referred to as the "Participant") are exclusively governed by these general terms and conditions for the booking and sale of language study programs (hereinafter referred to as the "General Conditions"). In accordance with article L.121-18-4 of the Consumer Code, the Participant does not have a right of withdrawal after accepting this contract.
2.1. Registration Details. Any Participant wishing to register for one of WEP's language study programs must complete the online registration form on the website (if necessary with their legal guardian) as soon as possible, some schools being in high demand. Concomitant with the online validation of the registration form, the Participant agrees to pay a deposit of 500€ (VAT included) by credit card on the secure website of WEP. If the application is accepted, a booking confirmation letter written by WEP is sent to the Participant. The contract is deemed perfect and validly concluded between WEP and the Participant upon receipt of confirmation by the Participant when WEP has received the online registration form and the deposit of 500€ (including VAT) and made the reservation through the selected school.
2.2. Registration Deadline, Passport & Visa. Register as soon as possible to secure your spot. WEP can accept last minute registrations but the possibilities of acceptance will depend on the spots still available and the time of placement (variable according to the chosen program) but also on the requirements for entry into the territory (e.g., passport and visa). For programs taking place in a country within the European Union, an identity card is sufficient if the Participant is a citizen of the European Union. For any program in a country outside the European Union, the Participant will need a passport. Visa rules vary according to the country visited, the duration of the visit and the type of program carried out on site. WEP will send the Participant (valid only for EU citizens), after confirmation of their booking, detailed information on the procedure to be followed in case a visa application is required. Be sure to allow enough time between your booking date and departure date to take these steps. Obtaining a passport or visa may take several weeks. WEP may be unable to confirm the booking if the registration deadline is too short. Warning: if you are not a citizen of the European Union, you must inquire with the consulate of the country you want to visit to know the conditions of entry into the territory (passport and/or visa).
2.3 Administrative Formalities. The administrative and health/hygiene formalities to be completed in the event, in particular, of crossing borders, as well as deadlines for completion, are included in the special conditions of WEP.
2.4 Groups. Information concerning a minimum or maximum group size that permits the fulfilment of the trip or program, as well as if the fulfilment of the journey or the program is subordinated to a minimum number of Participants, the deadline of information of the consumer in case of trip cancellation (this date cannot be set less than 21 days before departure) are also included in the special conditions of WEP.
Description of the benefits provided
The services provided are those included in the language study program chosen by the Participant and described on our website for a departure in the current year. In the event of a departure after the current year, the services described may be subject to change.
- Rates are exclusively valid for EU nationals. Rates may change without notice. Solely the prices published on the site www.wep.org at the time of online registration are valid. WEP tariffs have been determined on the basis of the following economic data: transport costs, associated in particular with the cost of fuel, fees and taxes related to services offered, such as landing and security fees, boarding and disembarking fees, ports and airports, services provided by local providers (for example but not limited to: placement, accommodation, assistance, transfers, tuition, insurance), in foreign currency. Once the registration is validated, the price is guaranteed (for a departure in the current year).
- The prices are valid for the current year during which the Participant has registered. If the accommodation is included, it is provided for the number of weeks indicated. If during the trip, the language school closes due to a holiday (during the Christmas period, for example), accommodation during this holiday period is not included in the cost of the program.
- WEP reserves the right to apply the correct fare or unilaterally cancel a booking if it appears that the price and/or description of the trip(s) and/or any associated options are incorrectly indicated on the website following a technical fault or human error.
- WEP practices equalisation, or the pooling of resources and burdens. As a result, the amount of financial contribution is the same for all participants going to the same destination and on the same program, regardless of the actual individual cost; in the same way, in the event that an increase of the tariff proves necessary for one of the reasons mentioned above, the amount of a readjustment will be the same for all the participants going to the same destination and on the same program.
- Unless otherwise indicated, prices do not include: mandatory travel insurance; optional cancellation insurance, round-trip transportation; pocket money (covering your leisure, travel, school supplies, excursions, etc.); learning materials; registration fees for official exams (e.g., TOEFL, IELTS and DELF); transfers from the airport to the accommodation and vice versa; passport and/or visa fees; in some cases accommodation (make sure to read the description page of the program that interests you); possible deposit if you choose an accommodation option to stay in an apartment or residence; and a possible supplement in case of special diet or allergies.
The price of the chosen program will be paid as follows: the deposit of 500€ to be paid during the online validation of the duly completed registration form; 30% of the outstanding balance within 15 days after WEP sends the booking confirmation letter; a final payment of all sums remaining (including possible supplements such as round-trip transport, insurance, transfers, etc.) must be made no later than 6 weeks before departure. If a Participant registers in less than 6 weeks, the outstanding balance must be paid immediately after sending the booking confirmation letter. Compliance with these deadlines is a prerequisite for the fulfilment of its obligations by WEP.
All payments are expected on the dates indicated in the registration letter of confirmation. Any default or late payment of all or part of the instalments and/or payments entails ipso jure and without formal notice:
A) An increase of the sum due by 15% as a penalty clause without this amount equaling less than 100€;
B) A late payment penalty equal to 12% of the sums due, subject to French public policy provisions.
All of this is without prejudice to the right of WEP to exercise any legal action to obtain full compensation for the damage suffered.
In the event of non-payment within the deadlines, WEP also reserves the right to suspend the program, the direct resulting consequences being borne by the co-contractor(s) under the conditions defined above.
Local providers arrange language courses. The provider of the course chosen by the Participant will be mentioned in the placement form that the Participant will receive before departure. WEP is liable to the Participant for the proper performance of the obligations arising from the contract, whether these obligations are performed by itself or by other service providers, without prejudice to its right of recourse against them. WEP cannot be held responsible for all or part of the non-performance or the improper performance of the contract if it is either attributable to the Participant or to a case of Force Majeure. The photos or testimonials in the brochure, on the website or in any other document, are not contractual. WEP cannot be held responsible for the refusal of a visa by the authorities of the host country.
WEP cannot be held responsible for the cancellation of the services or for any breach of any of its obligations if this cancellation or breach is due to a case of "Force Majeure". "Force Majeure" means any unpredictable, insurmountable event beyond the control of WEP rendering the performance of all or part of the services incumbent upon it impossible. In particular, force, fire, general strike, war and natural disasters and weather conditions shall be considered as such, as long as they prevent the full or partial execution of the contract by WEP. Also considered as cases of Force Majeure are changes resulting from availability and requirements imposed by airlines and boat and rail companies, or strikes or changes of schedules imposed by these same companies. WEP is exempt from any general liability whatsoever for direct or indirect consequences in the event of war, revolution, civil or political unrest, riots, strikes, epidemics, pandemics, quarantines or natural disasters. Where circumstances of this type occur prior to departure and impede the proper functioning of the trip or program and/or create a risk of jeopardizing the Participant's safety and/or health, WEP is not liable for any reimbursement or compensation of any kind whatsoever.
Within the framework of the proposed programs, the local correspondent and/or the WEP partner language school monitors the participants in the context of classes, activities, sports or excursions arranged directly by the local correspondent and/or the student and/or the language school. However, WEP or its partner cannot guarantee follow-up or supervision during free time, whether scheduled after classes, during excursions or activities outside the local partner's infrastructures and/or during trips between the Participant's accommodation and the program site. As a result, the Participant and/or his/her legal representative acknowledge that they are aware of the lack of supervision by an adult during these times. Please note that some of our adult partner schools accept participants under the age of 18 provided the Participant provides an authorisation form signed by their legal representative. If you want full supervision, please choose programs marked as offering such.
9.1. Cancellation by the Participant. In the event of cancellation by the Participant or his/her legal representative, a fixed and irreducible flat-rate compensation is due to WEP. It amounts to 25% of the total amount of the selected trip in case of cancellation more than 6 months before departure, 50% in case of cancellation between 6 and 3 months before departure, 75% between 3 months and 15 days before departure, and 100% for any cancellation less than 15 days before departure. In any event, WEP is authorised to offset these indemnities with the sums received by it, which are compensatory in its regard. To protect you in case of cancellation, WEP proposes cancellation insurance. See details and conditions in the section below. After the departure of the Participant, no amount is refundable in case of interruption of the trip, whatever the reason.
9.2. Cancellation by WEP. In case of cancellation of the selection by WEP before the booking confirmation letter, WEP refunds the deposit of 500€ if it has been paid. In case of cancellation of the registration by WEP after the booking confirmation letter, WEP undertakes to compensate all the direct damages suffered by the Participant as a result of this cancellation, excluding immaterial damages such as that loss of profit or loss of a chance.
10.1 Travel Insurance. In accordance with the regulations in force, WEP is insured under Professional Liability up to 1,600,000€ per insurance year. WEP's liability is not a substitute for the individual civil liability that each Participant must possess. The Participant must indeed have travel insurance during his trip abroad. Medical expenses abroad can be very high. On the other hand, it is important to have insurance that provides for repatriation in case of problems. If the Participant has an assistance contract, he must verify that it includes coverage at least equal to that described below. If the Participant leaves for more than 3 months, he/she must check that his/her family assistance contract covers him/her for more than 90 consecutive days, which is rarely the case! That's why WEP has developed tailor-made travel insurance that perfectly meets the needs of its participants, regardless of the duration of their program! More extensive travel insurance is also available.
You will find the conditions of these 2 insurances in the section "language study programs" under "travel & cancellation insurance conditions". Rates can be found in the quote/booking module.
- Subscription and payment of insurance must be done prior to departure.
- Insurance premiums are not refundable, even in case of early return.
- Participants staying in Australia on a study visa are obliged to subscribe to the Australian Overseas Student Health Cover. The Australian government imposes this. Its cost varies depending on the length of stay in Australia (the cost for 1 year is approximately $594 AUD) and can be changed without notice.
10.2 Cancellation Insurance. The Participant can obtain reimbursement of sums paid in settlement of the price of the services (with the exception of the amount of the cancellation deposit) by opting at the time of registration for cancellation insurance provided through WEP. This cancellation insurance covers the cancellation for medical reasons, death (including first degree parents), school failure or repetition and visa refusal, and financial dismissal of one of the Participant’s parents (for details, read the cancellation insurance general conditions and for rates, see the quote/booking module). After the departure of the Participant, no amount is refundable in case of interruption of the trip, whatever the reason.
When the Participant takes out cancellation insurance with WEP, it covers (within the limits of the general conditions of the insurance policy) the chosen program as it was booked at the time of the subscription to the cancellation insurance. If round-trip transport is an integral part of the booked package, it is covered by the cancellation insurance in the same way as the program. If the tickets and/or additional services are booked separately (non-exhaustive examples: travel insurance, transfers, etc.), they are not covered by the cancellation insurance. The Participant has the option to contract separate cancellation insurance for tickets reserved with WEP. If the Participant reserves a ticket from another travel agency, the cancellation insurance to cover the ticket must be contracted from that other agency.
10.3 Sale of Insurance. In an application of the law no. 2014-344 of March 17, 2014, relating to consumption, if you justify a previous warranty for the risks covered by the subscribed insurance, you may surrender the insurance (free of charge) within 14 days of its conclusion, as long as no warranty has been implemented. Please note that this option does not apply in the context of certain programs for which the authorities of the host country (e.g., education department, schools, immigration service) impose specific insurance coverage.
11.1. Changes Made by the Participant. Any modification of the program before departure is possible only with the agreement of WEP and in all cases, will not give rise to any refund. Any interruption of the trip, for any reason and/or any waiver of certain services included in the price, cannot be reimbursed by WEP. Expenses related to early returns and possible accompaniment are always the responsibility of the Participant, except in cases of support under the framework of assistance repatriation.
Attention: Modification to an booking never concerns cancellation insurance. Cancellation insurance ordered (at the time of booking online or later) can in no case be deleted or modified thereafter. It will be due in its entirety. So, before confirming your order, make sure that you really want to subscribe to this optional insurance.
11.2. Changes Made by WEP. Changes prior to departure: When, prior to departure, an external event is imposed on WEP and requires it to modify an accommodation, program or essential service, WEP will inform the Participant as soon as possible. The latter will have the option to accept the change or to cancel the contract. The Participant must make his/her choice known within 2 working days of the notification made to him/her by WEP. Changes after departure: When, after departure, one of the essential elements of the contract cannot be accomplished, WEP will endeavour to offer the Participant services in lieu of those, which cannot be provided, at no extra charge.
The Participant and/or his/her legal representative expressly authorise(s) WEP to use and/or reproduce the Participant's image for promotional purposes for a period of 7 years from the end of the contract if the images come from photos or videos carried out during the trip organized by WEP.
Transfer of Contract
As long as this contract has not produced any effect, the Participant may assign his/her contract to an assignee that fulfils the same conditions to carry out the trip or the program. The Participant is then required to inform WEP of the decision by registered letter with acknowledgement of receipt no later than 7 days before the start of the trip.
General Data Protection
In accordance with the General Data Protection Regulation 2016/678 of April 27, 2016, WEP aims to protect the personal data of its participants. The Participant and/or his/her legal representative undertake(s) to read, understand and accept our policy on the protection of personal data included in WEP’s Charter on the Protection of Personal Data.
REIMBURSEMENT OF AIRPORT TAXES IN THE EVENT OF CANCELLATION OF AN AIRLINE TICKET
In the event of non-use of your ticket, which was reserved through WEP, you have the option to receive a refund, on request, of the "airport taxes" related to the ticket. The refund will be billed with a 20% administrative fee on the total refundable amount of these taxes. If you have booked your ticket with another agency or directly with an airline, you must make arrangements with them (in the application of the law no. 2014-344 of March 17, 2014, relating to consumption).
In the event of a problem or complaint, the Participant and/or his/her legal representative must immediately notify, as soon as the problem arises, the local contact in the country where the Participant is located. In the absence of a solution or intervention within 48 hours, the Participant and/or his/her legal representative must notify WEP immediately by email (firstname.lastname@example.org) so that WEP can take the necessary measures, within its means, to find a solution as soon as possible. All claims made by the Participant after his/her return can only be taken into account if it is proven that WEP has had the opportunity to assume its role of organiser and has been warned of a possible breach. All claims issued by the Participant must be submitted by registered letter with acknowledgement of receipt addressed to WEP’s registered office within 3 calendar months from the end of the trip.
If after submitting a complaint:
- By email to the address email@example.com with the mention “complaint” in the subject; or
- By post to WEP, Claims Department, 12 Quai St Antoine, 69002 Lyon, France
And in the absence of a satisfactory answer within 5 working days, the client can refer to the mediation commission of the National Office for the Guarantee of Language Study Programs (the Office), whose details and methods of referral are available on its website: www.loffice.org (in application of the law no. 2014-344 of March 17, 2014, relating to consumption).
In any case, WEP is authorised to offset the sums due by the Participant in the application of the general conditions with any amount already received under the general conditions.
French law governs these general conditions.
VISA, NOTICE TO TRAVELLERS & TRANSPORT
- WEP informs you about the different visa laws for the chosen destination. However, it is possible that the authorities of the visited country change their admission rules in the meantime. You are, therefore, responsible for checking the validity of the procedure with the consulate of the country to be visited. It is also strongly recommended to follow the advice and travel guidelines available on the website of the Ministry of Foreign Affairs.
- Some airlines do not allow minors to travel alone. It is the responsibility of the Participant’s legal representative to take the airline company flight conditions into account if WEP does not book the flight ticket.
- For trips that include air transport, WEP uses only regular airlines (e.g., Air France, Air Canada, United Airlines, Lufthansa) and is subject to seat availability at the time of booking of the means of transport (this occurs after confirmation of the program, at the time the final destination is known).
- Any Participant, even of-age, expressly authorises WEP to communicate (at WEP's discretion) with his/her parents, even if they are non-contracting parties to WEP, on any element or event of any nature likely to influence the smooth implementation of the program before, during or after the execution of the program.
- In case of late arrival to the host country or in case of absence during the chosen program, no refund will be granted.
- In the event that the Participant obtains a ticket through WEP, he/she acknowledges that it is the general and special conditions of the transport company that apply. The Participant understands that he/she must use all legacies by plane/train/bus/boat included in the ticket and respect, in full, the route set by the transport company. Otherwise, the Participant is subject to a "no show" and, therefore, to the cancellation of his/her ticket by the company.
- Trips are never accompanied unless otherwise indicated.
- Learning material: learning material is not included unless otherwise stated in the price quote. This material does not include school supplies, dictionaries, etc.
- Accommodation: as part of an accommodation "with private bathroom", the accommodation has only 1 bathroom per room, even in the case of a shared room.
- Homestay placement:
- It is common for homestay placements to take a long time. Many factors must be taken into account: criminal background checks, late decisions by families to embark on the adventure of hosting, the student profile that families wish to host, and so on. Homestay families can be paid, receive financial assistance to cover expenses related to hosting a student or be completely voluntary. All of the steps prior to placement take time. Participants should, therefore, consider the possibility of receiving information about their placement up until a few days before departure. In some cases, if the final placement could not be completed prior to the Participant's departure, the Participant may be placed with a temporary homestay family while the final family search continues. Homestay families can sometimes accommodate multiple students at the same time. Although our local partners do their utmost not to place students of the same nationality/with the same native language in the same homestay family, this condition cannot be guaranteed. Students may be placed in multiple families for the duration of their program. Homestay experiences are characterised by their strong educational character; candidates who choose this type of accommodation must, therefore, be flexible and consider possible family changes as opportunities to discover even more aspects of the local culture. The social human factor is at the heart of a homestay experience; the facilities provided are not comparable to those of a hotel room, for example.
- As part of a "junior" program, homestay participants must commute to the school on their own – on foot or by public transport.
- In the context of a program with a host family or homestay, the term family, inhabitant or household may describe: a family with 2 parents, a single parent or stepfamily, hosts of various ages, with or without children. There is no discrimination of race, religion or sexual orientation, ethnic, cultural, social or economic origin, or physical order.
- WEP's communication to its customers is in the national language(s) of the country. Due to the international nature of the programs offered by WEP (excluding other language communities in the country), WEP or its local representatives may have to transmit and have documents signed in another language without the need for an official translation in the language used contractually between WEP and the Participant. These documents do not emanate from WEP; they may be necessary for the smooth execution or fulfilment of the program and are mostly required by external bodies (e.g., schools, foreign partners or local authorities).
- Course duration/number of lessons: The number of lessons is expressed in lesson units, regardless of the length of the course. Please refer to each school description page for the duration of a course. Lessons can vary from 45 to 60 minutes depending on the school. The duration and number of lessons as presented in the school description pages are guaranteed, provided there are at least 5 students in the class. If this is not the case, schools reserve the right to adjust the number and duration of lessons.
- Class schedules are given as an indication; schools are likely to modify them according to their needs and/or requirements (e.g., high/low season and the number of students).
- Schools are structured according to the calendar year. It is possible that, at the beginning of each calendar year, the school modifies its lessons (e.g., content, schedule and level). In this case, your program could be modified during the program if it straddles 2 years. When the language school is closed due to a holiday (including statutory holidays), the lessons are not recompensed.
- Important note regarding the transmission of information and documents by WEP: It is your responsibility to provide WEP with a valid email address that is regularly consulted (especially, to contact the legal representative if the Participant is a minor) since documents (which do not need to be in original format) will be transmitted by email. Only communication by post or email is authentic. Communication via social networks, chat or courier services is informal and non-contractual.
REPRODUCTION OF THE PROVISIONS OF ARTICLES R.211-5 TO R.211-13 OF THE CODE OF TOURISM
(free translation from the official text in French)
The French Tourism Code must evolve from July 1, 2018 in accordance with the provisions of the directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and related travel services; the present GTS/CPV (General and Special Terms and Conditions of Sale) must be modified to take into account the new legislative provisions, as well as the provisions of the General European Regulation on the Protection of Personal Data, which will enter into force on May 25, 2018.
The provisions of articles R.211-5 to R.211-13 must be reproduced on brochures and travel contracts offered by the persons mentioned in article L.211-1.
Subject to the exclusions provided for in subparagraphs a) and b) of the 2nd paragraph of article L.211-8, any offer and any sale of travel or holiday services shall be subject to the submission of appropriate documents that comply with the rules defined herein. In the case of the sale of air transport tickets or transport tickets on a regular line not accompanied by services related to such transport, the seller issues to the buyer 1 or more tickets for the entire journey, issued by the carrier or under its responsibility. In the case of transportation on demand, the name and address of the carrier on whose behalf the tickets are issued must be mentioned. The separate invoicing of the various elements of the same tour package does not exempt the seller from the obligations that are made to him by the regulatory provisions of this section.
Prior to the conclusion of the contract and on the basis of written backing, bearing its business name, address and the indication of their administrative authorisation of exercise, the seller must communicate to the consumer information on prices, dates and the other components of the services provided during the trip or program, such as:
#1 The destination, the means, the characteristics and the categories of transport used;
#2 The type of accommodation, its location, level of comfort and main characteristics, its approval and tourist classification corresponding to the regulations or customs of the host country;
#3 The meals provided;
#4 The description of the itinerary when it is a circuit;
#5 The administrative and hygienic formalities/paperwork to be carried out in the event, in particular, of crossing borders, as well as their deadlines for completion;
#6 Visits, excursions and other services included in the program or possibly available for an additional charge;
#7 The minimum or maximum size of the group permitting the fulfilment of the trip or the program, as well as, if the fulfilment of the journey or the program is subordinated to a minimum number of participants, the deadline of information of the consumer in the event of cancellation of the trip or program; this date cannot be fixed less than 21 days before departure;
#8 The amount or percentage of the price to be paid as an advance payment at the conclusion of the contract and the payment schedule of the balance;
#9 The terms of revision of prices as provided for in the contract pursuant to article R.211-10;
#10 Cancellation conditions of a contractual nature;
#11 Cancellation conditions defined in articles R.211-11, R.211-12 and R.211-13;
#12 The details of the risks covered and the amount of the warranties subscribed under the insurance contract covering the consequences of the professional liability of travel agents and the civil liability of associations and non-profit organisations and local tourism organisations;
#13 Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or of an assistance contract covering certain risks, in particular, repatriation costs in case of accident or illness;
#14 Where the contract includes air transport services, information for each flight section provided for in articles R.211-15 to R.211-18.
Prior information given to the consumer commits the seller unless 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 occur and on which elements. In any case, changes made to the prior information must be communicated in writing to the consumer before the conclusion of the contract.
The contract between the seller and the buyer must be in writing, in 2 copies, one of which is given to the buyer and signed by both parties. It must contain the following clauses:
#1 The name and address of the seller, its guarantor and insurer, and the name and address of the organiser;
#2 The destination or the destinations of the trip and, in the case of a split program, the different periods and their dates;
#3 The means, the characteristics and the categories of transports used, the dates, times and places of departure and return;
#4 The type of accommodation, its location, level of comfort and main characteristics and tourist classification according to the regulations or customs of the host country;
#5 The number of meals provided;
#6 The itinerary when it is a circuit;
#7 Visits, excursions or other services included in the total price of the trip or program;
#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.211-10;
#9 The indication, if applicable, of fees or taxes relating to certain services such as landing, boarding or departure fees at ports and airports, tourist taxes when they are not included in the price of the services provided;
#10 The schedule and the terms of payment of the price; the final payment made by the buyer cannot be less than 30% of the price of the trip or program and must be made when handing the documents to arrange the trip or program;
#11 The particular conditions requested by the buyer and accepted by the seller;
#12 The terms according to which the buyer can seize the seller of a claim for non-performance or bad execution of the contract, a claim which must be sent as soon as possible by registered letter with acknowledgement of receipt to the seller, and, where appropriate, reported in writing to the concerned travel organiser and service provider;
#13 The deadline of information of the buyer in the event of cancellation of the trip or the program by the salesman in the case where the realisation of the voyage or the program is linked to a minimum number of participants, in accordance with the provisions of the #7 of article R.211-6;
#14 Cancellation conditions of a contractual nature;
#15 Cancellation conditions provided for in articles R.211-11, R.211-12 and R.211-13;
#16 Details of the risks covered and the amount of the warranties under the insurance contract covering the consequences of the vendor's professional liability;
#17 Information concerning the insurance contract covering the consequences of certain cases of cancellation subscribed to by the buyer (policy number and name of the insurer), as well as those concerning the assistance contract covering certain risks, in particular, repatriation costs in case of accident or illness; in this case, the seller must give the buyer a document specifying at least the risks covered and the risks excluded;
#18 The deadline for information of the seller in case of an assignment of the contract by the buyer;
#19 The undertaking to provide, in writing, to the buyer, at least 10 days before the date planned for his/her departure, 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 the local bodies likely to assist the consumer in the event of difficulty or, failing that, the phone number for urgent contact with the seller;
b) For trips and programs for minors abroad, a telephone number and an address for establishing direct contact with the child or the person in charge of his/her trip;
#20 The clause of cancellation and refund without penalties of the sums paid by the purchaser in case of non-respect of the obligation of information envisaged with #14 of article R211-6.
The buyer may assign their contract to an assignee that fulfils the same conditions to take the journey or participate in the program, as long as the contract has not produced any effect. Unless a more favourable stipulation is provided to the seller, the buyer must inform the seller of his/her decision by registered letter with acknowledgement of receipt no later than 7 days before the start of the trip. When it comes to a cruise, this period is extended to 15 days. This transfer is under no circumstances subject to prior authorisation by the seller.
Where 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, both upwards and downwards, variations in prices, and in particular the amount of transport costs and taxes related thereto, the currency or currencies that may affect the price of the trip or program, the share of the price to which the change applies, the price of the currency or currencies retained as reference when establishing the price appearing in the contract.
Where, before the departure of the buyer, the seller is obliged to make a modification to one of the essential elements of the contract, such as a significant increase in the price and when it disregards the obligation of information mentioned in #14 of article R.211-6, the buyer can, without prejudging the possibly undergoing recourse for repair for damages, and after having been informed by the seller by registered letter with request for acknowledgment of receipt:
- Cancel his/her contract and obtain the immediate reimbursement of the sums paid without penalty; or
- Accept the change or the substitute trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any decrease in price is deducted from any sums still 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/her before the date of his/her departure.
In the case provided for in article L.211-15, when, before the departure of the buyer, the seller cancels the trip or program, it must inform the buyer by registered letter with acknowledgement of receipt; the buyer, without prejudging recourse for compensation for any damage suffered, obtains from the seller the immediate refund of the sums paid without penalty; the buyer receives, in this case, an indemnity at least equal to the penalty it would have incurred if the cancellation had taken place by that date. The provisions of this article do not in any way preclude the conclusion of an amicable agreement for the purpose of accepting, by the buyer, a substitute trip or program proposed by the seller.
When, after the departure of the buyer, the seller is unable to provide a preponderant share of the services provided for in the contract representing a significant percentage of the price honoured by the buyer, the seller must immediately make the following provisions without prejudged remedies for damages for any damage:
- Offer replacement services in lieu of the intended services, eventually handling any additional fee, and if the services accepted by the buyer are of inferior quality, the seller must refund the difference in price as soon as he/she returns; or, if the seller cannot offer any replacement services or if they are refused by the buyer for valid reasons, the seller must provide the buyer, at no extra charge, with tickets to ensure his/her return under conditions that 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 case of non-compliance with the obligation provided for in #14 of article R.211-6.