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French Regulations

Decree No. 94-490, June 15, 1994 

  
TITLE VI OF THE SALE OR TRAVEL PACKAGES 

 


Art. 95 - Subject to the exclusions specified in the second paragraph (a and b) of Article 14 of the Act of 13th July 1992, any offer and sale of any travel provision give rise to the delivery of appropriate documents that meet the rules set by this title. 

In the case of tickets sales or air tickets on regular unaccompanied benefits associated with these shipments, the seller shall give the buyer one or more tickets of passage for the entire journey issued by the carrier or under his responsibility. In case of transport on request, the name and address of the carrier must be mentioned. 

The separate billing of various components for the same package does not preclude the seller to discharge the duties, which is made by this title.

Art. 96 - Prior to the conclusion of the contract and on the basis of a written document bearing his name, address and the address of his administrative authorization, the seller must notify the consumer, prices, dates and other components of the services rendered in connection with the journey or holiday such as:

1 destination, the means, characteristics and categories of transport used;
2 the type of accommodation. His situation, his level of comfort and its main features, its approval and its ranking corresponding to the regulation or practice of the hosting country;
3 the provided meals.
4 route description in case of a circuit.
5 Administration formalities for health and safety including border crossings, as well as their deadline of accomplishment;
6 The visits, trips and other services included in the package available at an extra cost.
7 The minimum or maximum group size to realize the journey. The deadline for informing the consumer in the event of cancellation. This date can be set at less than twenty-one days before departure;
8 The price percentage to be paid on account at the conclusion of the contract as well as the payment timing.
9 The terms of adjustment as provided in the contract in accordance with Article 100 of this Decree.
10 The cancellation policy of contractual nature;
11 the cancellation policy laid down in Articles 103 and 101102 below;
12 the details concerning the risks covered and the amount of the securities purchased under the contract of insurance covering the consequences of the professional liability of travel agencies and civil liability of associations and organizations.
13 The information regarding an optional insurance contract (i.e. repatriation due to accident or illness).

Art. 97 The information given to the consumers. The seller must clearly indicate to what extent this change can occur and on what elements. In any case, information must be communicated in writing before the contract signature.

Art. 98 - The contract must include the following clauses:
1 The name and address of the seller, their guarantor and insurer as well as the name and address of the organiser;
2 The  destination and in case of a split trip, the different periods and their dates.
 destination, the means, characteristics and categories of transport used;
3 the type of accommodation. His situation, his level of comfort and its main features, its approval and its ranking corresponding to the regulation or practice of the hosting country;
4 the provided meals.
5 route description in case of a circuit.
6 Administration formalities for health and safety including border crossings, as well as their deadline of accomplishment;
7 The visits, trips and other services included in the package available at an extra cost.
8 The minimum or maximum group size to realize the journey. The deadline for informing the consumer in the event of cancellation. This date can be set at less than twenty-one days before departure;
9 The price percentage to be paid on account at the conclusion of the contract as well as the payment timing.
10 The terms of adjustment as provided in the contract in accordance with Article 100 as follow.

Art .99 
1 destination, the means, characteristics and categories of transport used;
2 the type of accommodation. His situation, his level of comfort and its main features, its approval and its ranking corresponding to the regulation or practice of the hosting country;
3 the provided meals.
4 route description in case of a circuit.
5 Administration formalities for health and safety including border crossings, as well as their deadline of accomplishment;
6 The visits, trips and other services included in the package available at an extra cost.
7 The minimum or maximum group size to realize the journey. The deadline for informing the consumer in the event of cancellation. This date can be set at less than twenty-one days before departure;
8 The price percentage to be paid on account at the conclusion of the contract as well as the payment timing.
9 The terms of adjustment as provided in the contract in accordance with Article 100 of this Decree.

Art.100 - before the start  the buyer, the seller is forced to make a change to one of the essential elements of the contract such as a significant price increase , the buyer may, without prejudice to the application for compensation of possible suffered damage, and after  been informed by the vendor by registered delivery mail.
Either terminate his contract without penalty and receive immediate repayment of the amounts paid; 

Art.101 - Either accept the change or brochure, issued by the seller: an addendum to the contract specifying the changes signed by the parties, any price reduction offsets any outstanding amounts due from the buyer and, if payment already done by the latter exceeds the price of the service changed, the overpayment should be returned prior to the date of his departure.

Art. 102 - In the case provided for in Article 21 of the law of 13 July l992 above when, before the start of the buyer, the seller cancels the journey or holiday, he must notify the buyer by registered letter; without prejudice to the appeal for damages suffered possibly, obtained from the seller and the immediate refund without penalty , the buyer receives, in this case, an allowance at least equal to the penalty that 'he would have supported if the cancellation was made by him on that date. 

The provisions of this Article shall in no way be an obstacle to the conclusion of an amicable agreement aimed acceptance by the buyer, a trip or stay issued by the seller.

Art. 103  When after leaving the buyer the seller is unable to provide a dominant share of the services provided in the contract representing a significant percentage of the prize honoured by the buyer, the seller must immediately take the following without prejudging the application for compensation  of any  endured damages.
Offer benefits or replacing the benefits provided by supporting any possibly extra cost, and if the benefits accepted by the buyer are of inferior quality, the seller must repay him immediately upon his return.
Or, if it can not offer any benefits or replacement if they are refused by the client for valid reasons, provide the buyer at no extra cost, tickets to ensure his return in conditions can be considered as equivalent to the place of departure or to another place accepted by the two parties.