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General Conditions

In accordance with articles L.211-7 and L.211-17 of the French Tourism Code, the provisions of articles R.211-3 to R.211-11 of the French Tourism Code, the text of which is reproduced below, do not apply to the reservation or sale of tickets that are not part of a tourist package.

The organiser's brochure, quotation, proposal and programme constitute the prior information referred to in article R.211-5 of the Tourism Code. Therefore, in the absence of provisions to the contrary on the front of this document, the characteristics, special conditions and prices of the trip as indicated in the brochure, quotation or proposal from the organiser will be contractual from the moment the registration form is signed.

In the absence of a brochure, quotation, programme or proposal, this document constitutes, prior to signature by the purchaser, the prior information referred to in article R.211-5 of the French Tourism Code. It will lapse if it is not signed within 24 hours of being issued.

In the event of the transfer of a contract, the transferor and/or transferee must first pay the resulting costs. Where these costs exceed the amounts displayed at the point of sale and those mentioned in the contractual documents, supporting documents will be provided.

Discovery Trains has taken out an insurance policy with the company Hiscox, guaranteeing its Professional Civil Liability.

Extract from the French Tourism Code.

Article R.211-3 :

Subject to the exclusions provided for in the third and fourth paragraphs of article L. 211-7, any offer and sale of travel or holiday services must be accompanied by appropriate documents which comply with the rules defined by this section.

In the case of the sale of air tickets or tickets for scheduled air services not accompanied by services related to this transport, the seller shall issue the purchaser with one or more tickets for the entire journey, issued by the carrier or under its responsibility.

In the case of transport on request, the name and address of the carrier, on whose behalf the tickets are issued, must be mentioned.

Separate invoicing of the various elements of a tourist package does not exempt the vendor from his obligations under the regulatory provisions of this section.

Article R.211-3-1 :

The exchange of pre-contractual information or the provision of contractual terms and conditions shall be made in writing. They may be made by electronic means under the conditions of validity and exercise set out in articles 1369-1 to 1369-11 of the Civil Code. The name or company name and address of the seller, together with details of his registration in the register provided for in a of article L. 141-3 or, where applicable, the name, address and details of the registration of the federation or union referred to in the second paragraph of article R. 211-2, are mentioned.

Article R.211-4 :

Prior to the conclusion of the contract, the seller must provide the consumer with information on the prices, dates and other constituent elements of the services provided as part of the journey or holiday, 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 main characteristics, its certification and its tourist classification in accordance with the regulations or customs of the host country;

3° The catering services offered;

4° A description of the itinerary in the case of a tour;

5° The administrative and health formalities to be completed by nationals of the host country or nationals of another Member State of the European Union or of a State party to the Agreement on the European Economic Area, particularly when crossing borders, as well as the time limits for completion;

6° The visits, excursions and other services included in the package or which may be available at extra cost;

7° The minimum or maximum size of the group enabling the journey or stay to be undertaken and, if the journey or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the journey or stay; this date may not be less than twenty-one days before departure;

8° The amount or percentage of the price to be paid as a deposit on conclusion of the contract and the timetable for payment of the balance;

9° The terms and conditions for revising prices as provided for in the contract in application of article R. 211-8 ;

10° The contractual cancellation conditions;

11° The cancellation conditions defined in articles R. 211-9,

R. 211-10 et R. 211-11 ;

12° Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness;

13° Where the contract includes air transport services, the information, for each leg of the flight, provided for in articles R. 211-15 to R. 211-18.

Article R.211-5 :

The prior information given to the consumer is binding on the seller, unless the seller has expressly reserved the right to modify certain elements of the information. In this case, the seller must clearly indicate to what extent this modification may be made and on what elements.

In any event, any changes made to the prior information must be communicated to the consumer before the contract is concluded.

Article R.211-6 :

The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. Where the contract is concluded electronically, articles 1369-1 to 1369-11 of the Civil Code shall apply. The contract must include the following clauses

1° The name and address of the seller, its guarantor and its insurer, as well as the name and address of the organiser ;

2° The destination or destinations of the journey and, in the case of a split holiday, the different periods and their dates;

3° The means, characteristics and categories of transport used, and the dates and places of departure and return;

4° The type of accommodation, its location, its level of comfort and its main characteristics, and its tourist classification under the regulations or customs of the host country;

5° The catering services offered;

6° The itinerary in the case of a tour;

7° The visits, excursions or other services included in the total price of the journey or stay;

8° The total price of the services invoiced, as well as an indication of any revision of this invoicing by virtue of the provisions of article R. 211-8 ;

9° An indication, where applicable, of the fees or taxes relating to certain services, such as landing, disembarkation or embarkation taxes in ports and airports, and tourist taxes when they are not included in the price of the service or services provided;

10° The timetable and terms of payment of the price; the last payment made by the purchaser may not be less than 30% of the price of the journey or holiday and must be made when the documents enabling the journey or holiday to be made are handed over;

11° Any special conditions requested by the purchaser and accepted by the vendor;

12° The terms and conditions under which the purchaser may submit a complaint to the vendor for non-performance or poor performance of the contract, which complaint must be sent as soon as possible, by any means that allows the vendor to obtain an acknowledgement of receipt, and, where applicable, notified in writing to the travel organiser and the service provider concerned;

13° The deadline for informing the purchaser in the event of cancellation of the trip or holiday by the vendor where the trip or holiday is linked to a minimum number of participants, in accordance with the provisions of 7° of article R. 211-4 ;

14° Contractual cancellation conditions;

15° The cancellation conditions provided for in articles R. 211-9,

R. 211-10 et R. 211-11 ;

16° Details of the risks covered and the amount of cover 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 cases of cancellation taken out by the purchaser (policy number and name of insurer) as well as information concerning the assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness; in this case, the vendor must provide the purchaser with a document specifying at least the risks covered and the risks excluded;

18° The deadline by which the seller must be informed if the buyer transfers the contract;

19° An undertaking to provide the purchaser with the following information at least ten days before the planned date of departure:

a) The name, address and telephone number of the seller's local representative or, failing this, the names, addresses and telephone numbers of local organisations likely to be able to help the consumer in the event of difficulty or, failing this, the telephone number enabling contact to be made with the seller as a matter of urgency;

b) For trips and stays abroad for minors, a telephone number and address enabling direct contact to be made with the child or the person responsible for the child's stay on site;

20° The cancellation clause and the right to reimbursement without penalty of sums paid by the purchaser in the event of failure to comply with the obligation to provide the information set out in 13° of article R. 211-4 ;

21° An undertaking to provide the purchaser, in good time before the start of the journey or holiday, with the departure and arrival times.

Article R.211-7 :

The purchaser may assign his contract to a transferee who fulfils the same conditions as he does for taking the trip or holiday, as long as this contract has not produced any effect.

Unless stipulated otherwise in favour of the transferor, the latter must inform the vendor of his or her decision by any means capable of producing an acknowledgement of receipt no later than seven days before the start of the holiday. In the case of a cruise, this period is extended to fifteen days. Under no circumstances is this transfer subject to prior authorisation by the vendor.

Article R.211-8:

When the contract includes the express possibility of revising the price, within the limits stipulated in article L. 211-12, it must mention the precise methods for calculating price variations, both upwards and downwards, and in particular the amount of transport costs and related taxes, the currency or currencies that may have an impact on the price of the trip or holiday, the proportion of the price to which the variation applies, and the rate of the currency or currencies used as a reference when establishing the price shown in the contract.

Article R.211-9 :

When, before the buyer's departure, the seller is forced to make a change to one of the essential elements of the contract, such as a significant increase in the price, and when the seller fails to comply with the obligation to provide the information referred to in 13° of article R. 211-4, the buyer may, without prejudice to any claims for compensation for any damage suffered, and after having been informed by the seller by any means capable of producing an acknowledgement of receipt:

-either cancel the contract and obtain immediate reimbursement of the sums paid, without penalty;

-accept the modification or substitute journey proposed by the vendor; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums still owed by the purchaser and, if the payment already made by the purchaser exceeds the price of the modified service, the overpayment must be returned to the purchaser before the date of departure.

Article R.211-10 :

In the case provided for in article L. 211-14, when, before the departure of the purchaser, the vendor cancels the trip or holiday, he must inform the purchaser by any means that allows him to obtain an acknowledgement of receipt; the purchaser, without prejudice to any recourse for compensation for any damage suffered, obtains from the vendor the immediate reimbursement, without penalty, of the sums paid; in this case, the purchaser receives compensation at least equal to the penalty that he would have incurred if the cancellation had been his fault on that date.

The provisions of this article do not in any way prevent the conclusion of an amicable agreement for the buyer to accept a substitute trip or holiday offered by the vendor.

Article R.211-11 :

When, after the departure of the purchaser, the vendor finds himself unable to provide a preponderant part of the services provided for in the contract, representing a significant percentage of the price paid by the purchaser, the vendor must immediately take the following steps, without prejudice to any claims for compensation for any damage suffered:

-either offer services to replace the services provided, possibly at an additional cost and, if the services accepted by the purchaser are of inferior quality, the vendor must reimburse the purchaser for the difference in price as soon as the purchaser returns;

-or, if the vendor is unable to offer any replacement service or if these are refused by the purchaser for valid reasons, provide the purchaser, at no extra cost, with tickets for the return journey to the place of departure or to another place accepted by both parties, under conditions that can be deemed equivalent.

The provisions of this article apply in the event of failure to comply with the obligation set out in 13° of article R. 211-4.

Discoverytrains

58, rue de Paradis
75 010 PARIS
Tel: 01 82 83 09 24

Appointment at our agency:
Monday - Friday
10:00 - 17:00

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