Conditions Générales de Ventes
These terms and conditions of sale govern the sales of tourist packages or travel services offered by HEAVEN TRAVEL NICE and, exclusively where they expressly state, sales of dry flights. They were developed in accordance with Articles L.211-1 and following of the Tourism Code, setting out the conditions for the organisation and sale of travel and stays. They take into account European regulations and international conventions, particularly in the area of air transport. They are supplemented by the terms of sale of the supplier of each service. They are made known to the customer before the signing of his sales contract.
The customer acknowledges that he has been aware of these General Terms of Sale, the specific conditions of the travel provider concerned and the description of the chosen service.
The customer also acknowledges that, prior to the confirmation of the booking of the stay, the standard information form on essential rights under the European Directive 2015/2302 transposed into the tourism code and available at the end of the terms and conditions (standard information form for package travel contracts and standard information form for contracts relating to a travel service (excluding dry flights)).
In accordance with Article L. 211-8 of the Tourism Code, description sheets, terms of sale and standard information forms summarising the traveller's rights are intended to inform customers, prior to the placing of their order, including the main characteristics of the services offered relating to transport and stay, the contact details of the retailer and the organiser, the price and the payment terms. , conditions for cancelling and resolving the contract, insurance and border crossing conditions.
In accordance with Article L211-9 of the Tourism Code, the parties expressly agree that the Agency may make changes to pre-contract information, including the price and content of transport and stay services, the identity of the airline, as well as the opening and closing dates of hotels, route routes, etc.
1. RESERVATION PROCESS FOR TOURISM DELIVERY
It's 1.1. Heaven Travel Nice presents tourism services developed by various suppliers referenced by TOURCOM, such as tour operators, hoteliers, carriers (airlines, cruise lines, etc.). or proposed by Tourcom's partner centres for hotels, airfare and train. The specific terms of sale to each travel provider concerned by the booked service apply. These conditions include provisions such as payment, cancellations or changes to bookings, refunds, obligations of the parties to the contract, liability.
– the terms of sale of the travel provider are one of the elements of the contract.
The customer makes his requests, Heaven Travel Nice will confirm the price of the services chosen.
After confirmation, the customer will proceed with the payment of the price of the service by means of his bank card, cheque, cash or holiday cheque.
The customer does not benefit from the right of withdrawal for the purchase of tourist services in accordance with articles L.221-2 and L. 221-28 of the Consumer Code.
The customer signs his travel contract which includes the description of the service and its essential characteristics, as well as the price and conditions of cancellation, modification and insurance chosen by the customer.
Airlines may at any time require the issuance or prepayment without possible refund of the tickets included in the package in the event of cancellation or modification. In this case, or if the customer requires the early issuance of his ticket, the conditions for modifying or cancelling the package may be changed: Heaven Travel will inform the customer in accordance with the provisions of the Tourism Code.
3. PACKAGE BENEFITS AND PRICES
The description sheets of travel and stays expressly state what is included in the price.
Prices in travel contracts were calculated on the basis of exchange rates, airfares and land services known at the time the contract was signed. They are communicated in real time when they are published.
The prices given are indivisible and any waiver of benefits included in the package or any interruption of travel due to the customer (even in case of hospitalization or early repatriation), will not give rise to reimbursement, except specific insurance.
The prices shown correspond to a flat price per person, on the basis of a double room, TTC, and are denominated in euros. They must be confirmed by the Travel Agency at the time of registration. Prices are calculated in a flat-rate basis based on the number of nights, not days.
They include air, sea and land transport, route transfers, known taxes on the day of registration, application fees, accommodation, tours and excursions listed in the program and not mentioned as optional.
Unless special mention is made on the travel contract, prices do not include visa and passport fees, various tips and gratuities, personal expenses and optional baggage, cancellation and assistance insurance, drinks, or certain compulsory services such as local taxes, New Year's Eve dinner supplement or special occasion, visa fees, etc. the Site disclaims any responsibility for personal purchases on site.
The occupants of the same room must take out the same pension.
Full payment for all single tickets, insurance and car rentals is required at the time of booking, depending on the means of payment mentioned on the Website.
4. PAYMENT METHODS
The customer will pay the price of the service by means of his bank card or will go to the Heaven Travel Nice Agency 10 Avenue Felix Faure 06000 Nice to pay his reservation by cheque, cash or through holiday cheques.
4.2 PAYMENT IN HOLIDAY VOUCHERS
The customer has, in some cases, the option to make his payment in holiday cheques. Payment in holiday vouchers is only possible for the purchase of services in France and for the countries of the European Union.
5. PRICE REVIEW
The revision of the price of tourist packages is subject to the terms of sale of each supplier communicated to the customer when booking and carried over to the sales contract.
In accordance with Articles L.211-12, R. 211-8 and R. 211-9 of the Tourism Code, contract prices can be revised upwards and downwards to take account of changes in the cost of transport (fuel/energy), royalties and taxes and exchange rates. You will be informed of any increase in the total price of the package, no later than 20 days before departure. This increase will apply in full to the share of the price concerned. For any increase greater than 8%, you will receive on a sustainable basis the detail of the price change, its consequences on the price of the package, the choice that is available to you to accept or refuse within a reasonable time and the consequences of the lack of response.
6. LAST-MINUTE PROMOTION AND SALES
Last-minute promotions and sales (VDMs) are sometimes offered. It is therefore possible that for an identical trip, some fares may be different depending on the booking period. Customers who have paid the higher rate will not be able to receive a retroactive refund, corresponding to the difference between the price paid and the promotional price. Discounts are not cumulative with promotions.
7. RED TAPE AND SANITARY
Heaven Travel Nice informs French or European customers that they must make arrangements regarding the police and health regulations applicable at any time of the trip. It is up to the client to ensure that he and the persons registered for the stay are in good standing with the police, customs and health procedures required for the completion of the trip.
It is not for the agency to provide this information or to question clients about their nationality.
General information is available on the www.diplomatie.gouv.fr website (Traveller Advice section) regarding entry and residence conditions in each country and sanitary conditions.
Non-European or non-EEA foreign nationals should approach their consular authority, under their sole responsibility, in order to know the formalities required by the proposed trip and the necessary time frames depending on the date of departure
If the trip involves minor children, it is up to the parents to comply with the instructions given to them; each child must have a valid photograph of personal identification.
As part of a trip abroad, we inform you that the minor residing in France and travelling unaccompanied by his legal representatives, must be provided with his ID, the authorization form of authorization to leave the territory: CERFA No. 15646-01 to download on the site: https://www.formulaires.modernisation.gouv.fr/gf/cerfa_15646.do, as well as a copy of a valid ID of the legal representative of the form.
Family booklets are not IDs.
It is up to you to provide the Agency with contact details at the place of the unaccompanied minor's stay.
Under no circumstances will the Travel Agency be able to replace the individual responsibility of clients who must take charge of obtaining all the formalities before departure (passport usually valid 6 months after the date of return of trip, visa, health certificate, etc.). and for the duration of the trip, including the completion of customs formalities of the countries regulating the export of objects.
Failure to comply with formalities, the inability of a client to submit administrative documents in good standing, for whatever reason resulting in a delay, refusal to board the customer or the prohibition of entry into foreign territory, remain the responsibility of the client who retains the costs incurred, without the Site repaying or replacing that trip.
Customers should in particular ensure – under their sole responsibility – that the names and surnames indicated at the time of their booking and confirmed at the conclusion of their travel contract with the mentions of their valid identity papers (usual name, wife's name, etc.) are compliant.
8. LENGTH OF TRIP
The duration of the trip includes the departure and return days, from the departure time of the airport on the day of departure, to the landing time of the flight on the day of return. Unless special mention is made, given the often random flight schedules, it should be considered that the first and last days of the trip will be devoted to transport and will not include any services at the place of stay. On certain dates, stays of two or three weeks on special flights may not be available for sale, or may be offered in limited numbers.
The classification of hotels by stars or category presented by the Agency is always the result of the decisions of the tourism authorities, according to local standards that may be different from French or international standards.
The practices of the international hotel industry require that participants take possession of the room from 2 p.m. and release it before noon, regardless of the time of departure or arrival.
Individual rooms are often smaller and less well located in the hotel than others, although a surcharge is required. In most hotels, triple rooms are double rooms with an extra bed. This formula, which avoids the payment of a single room surcharge for the third person, therefore implies some drawbacks especially in terms of the space available in the room. They are not recommended for three adults.
In case of half-board stay, each night spent on site corresponds to breakfast and dinner. Thus, in case of late arrival and early departure no meals will be provided on the first and last day. The same is true for a full-board stay.
In case of theft in hotels, the agency's liability will be limited in accordance with the rules of the Civil Code. In general, hotels have safes (free or paid) that are recommended to use.
Access to hotel nightclubs is prohibited for guests under the age of 18. ID may be required.
The "All Inclusive" formula allows the unlimited consumption of certain alcohols for adults. Alcohol abuse is dangerous. The Agency cannot be held responsible for the behaviour or accidents that occur to intoxicated customers.
The activities and leisure activities offered by the hotels may present risks for which the Agency cannot be held responsible in the event of an accident.
10. TRANSPORT AERIEN
The conditions of transport are recalled on the back of the tickets or communicated at the same time as its issuance.
The airline's transport conditions and fare conditions can be found on each airline's website.
All schedules are given as an indication as soon as they are available and can be changed, even after confirmation at the initiative of the airline. Any unused place on the way or back will not be subject to a refund. In view of the intensification of air traffic, events beyond the Agency's control (strikes, technical incidents, air delays) may take place and may be governed by European Regulation 261/2004 of 11 February 2004 relating to denied boarding, cancellations and major flight delays. In addition, an airport change can occur in any city. A technical or additional stopover may be provided by the airline without the Agency having time to inform customers.
The consequences of accidents or incidents that may occur during the execution of air transport are governed by the Warsaw Conventions of October 12, 1929 amended and montreal of May 28, 1999, whose limitations of responsibilities could benefit the Agency in the event of its liability and according to Article L211-17 of the Tourism Code.
The list of airlines used in the proposed trips is communicated in accordance with the provisions of Articles R.211-15 and following of the Tourism Code.
Confirmation of the airline's identity will be communicated to the customer at the time of registration and no later than 8 days before departure. A change may take place before departure and the customer will be informed at the latest during boarding.
For charter flights that last no more than two hours, no meals on board will be served. On some flights, alcoholic beverages are paid for.
In accordance with European Regulation 1107/2006, a customer with a disability or reduced mobility requiring special attention, due to his physical, intellectual or age, is required to inform the Agency before booking, and no later than 48 hours before the published departure time of the flight. The Agency or the airline may advise eds with or deny the customer with a disability or reduced mobility the booking of a trip including air transport, as long as the safety requirements or configuration of the aircraft make such transport impossible. The Agency or the airline may also require the support of this customer by a person capable of providing assistance.
In accordance with Article L.224-66 of the Consumer Code, if your airfare is not used, you have the option of suring that your "airport taxes" are refunded on request. The refund will be billed for 20% of the refunded amount. Tax refunds for non-use of the ticket are also possible if dry flights are sold.
When a customer finds that a service is not provided as intended, so as not to suffer the inconvenience for the duration of their stay, they must immediately notify the local representative of the travel provider with whom they have contracted or the attendant present in order to resolve the dispute on the spot. Comments on the course of the trip must be sent to the Agency within 30 days of return, by registered mail with notice of receipt, accompanied by the appropriate documentation. Otherwise, the file will not be dealt with as a matter of priority.
After having referred the matter to the Agency and, in the absence of a satisfactory response within 60 days, the client can refer the matter to the Tourism and Travel Ombudsman, whose contact details and terms of referral are available on the website: www.mtv.travel.The possible handing over of questionnaires by the provider or supplier at the end of the trip is only intended to establish statistics on benefits. They cannot, under any circumstances, be considered as part of the customer's post-sale file.
12. PERSONAL BAGGAGE-EFFECTS
The Agency cannot be held responsible for any loss, theft or deterioration of baggage or personal belongings during the trip. In the event of a problem, customers are advised to have the facts found by the relevant local authorities (complaints).
During air travel, the liability of airlines is limited or excluded in the event of loss, damage or delay of luggage, according to the Warsaw and Montreal conventions mentioned above; these agreements may also benefit the Agency if its liability is put at stake.
Any claim must be immediately filed at the airport by the customer himself with the carrier or airport services and as soon as the damage is found.
No baggage insurance is included in the prices of the services offered by the agency. However, insurance may be offered by one of our insurance providers.
IMPORTANT: If you are on medication, keep it in the cabin with you in carry-on baggage (with prescriptions), do not leave it in the hold. It is also recommended to keep your valuables with you in carry-on baggage: camera, camcorder, eyeglasses, apartment keys, car keys, jewellery, etc. if they are allowed in the cabin and within the limit of the weight allowed in the cabin by the carrier. In addition to items already prohibited, passengers must comply with the new restrictions on liquids contained in carry-on baggage introduced since 6 November 2006; During security checks, passengers must present separately a closed transparent plastic bag of about 20cm by 20cm, with bottles and tubes of up to 100ml each).
The Agency holds the legal and administrative authorizations issued by the competent French authorities, guaranteeing customers the proper performance of the services purchased.
The Agency and the provider are responsible for the proper performance of the planned services and are required to provide assistance to the traveller in difficulty. In the event of their full liability due to the claimants, the limits of compensation resulting from international agreements under Article L. 211-17-IV of the Tourism Code will find to apply; if not, except personal injury, intentional or negligent damages, any damages are limited to three times the total price of the trip or stay.
In the case of tourist packages or the sale of isolated services (e.g. car hire alone), liability cannot be incurred in the event of contractual breach on the part of the customer, in the event of an unpredictable or unavoidable fact of a third party foreign to the provision of travel services or in exceptional and unavoidable circumstances. The full liability under the aforementioned article is excluded in the sale of isolated air ticketing (dry flights).
The Agency cannot be held responsible for changes in dates, schedules or itineraries, from the change of airport to return, the removal or modification of part of the programme caused by external events such as strikes without notice, technical incidents, air overloads, bad weather, epidemics, flight change or any other force majeure, due to third parties foreign to the provision of contract services or the poor performance of the contract attributable to the customer.
For reasons due to the period, attendance or decisions of hoteliers on site, that there are insufficient equipment at the places of residence or that certain activities are suspended.
The Agency will not be responsible in any event of an incident that occurs during services purchased directly on site by the client from an external provider or as a result of a personal initiative of the client.
The Agency communicates to the customer the conditions of the specific cancellation, assistance and repatriation insurance before the confirmation of the travel booking.
At the latest at the time of registration, the customer will be able to take out a specific insurance policy according to two options: Multi-risk or Cancellation.
If the customer justifies an earlier guarantee for the risks covered by the insurance taken out, the customer has the option to terminate the insurance without charge within fourteen (14) days and until any guarantee has been implemented.
The customer may choose not to take out any additional insurance.
15. CANCELLATION CONDITIONS
Has. Cancellation due to customer
In accordance with Article L.221-28 of the Consumer Code, the travel contract is not subject to a right of withdrawal.
Any request to cancel registration from the customer must be made either by phone to the number of the dedicated agency listed on your travel confirmation or directly in this Agency and will entail, regardless of the trip or stay, except with specific conditions, a cancellation fee specified in the contract or the conditions of each travel provider.
In the event of cancellation of any service, the insurance premium, visa fees, application fees and ticketing fees are not refundable.
B. Cancellation due to a travel provider
If a travel provider decides to cancel the trip or stay before departure, the customer will be notified by any means of acknowledging it. If an amicable agreement on a alternative trip or stay proves impossible, it is appropriate to refer to the specific conditions of each travel provider regarding the reimbursement of the sums paid by the customer and the cancellation allowance.
When a minimum number of participants are required for a tour or trip and this number is not reached, the Site informs the customer:
- 20 days before the departure date, for trips lasting more than 6 days.
- 7 days before the departure date, for trips lasting 2 to 6 days.
- 48 hours before the departure date, for trips that last 2 days.
The customer will then be offered an alternative to the current rate, or a full refund of the sums paid but the customer will not be entitled to compensation.
16. CONTRACT CHANGES
The terms of sale specific to each travel provider, which are an integral part of the travel contract, should be referred to with regard to the terms of contract changes.
Has. Changes by the customer
A postponement of a date or a change of destination is generally considered a cancellation (see Article 15). A name change is not considered an amendment, but a contract assignment and therefore involves a section 17 fee. Any changes to the services by the client on site will not give rise to reimbursement (shortened stay for example), as well as any unconsumed benefits.
B. Changes by a travel provider
If, prior to departure, an external event requiring a travel provider within the meaning of Section L.211-13 of the Tourism Code, requires the company to amend an essential element of the Agency's contract with the customer, the Site will notify the customer by any means of acknowledging it as soon as possible and will make proposals (change of travel or alternative travel).
17. CONTRACT ASSIGNMENT
In accordance with Article L. 211-11 of the Tourism Code, you have the option to sell the contract as long as it has not had any effect and up to 7 days of departure, notifying the agency within a reasonable time, to a person meeting the same conditions as you. You and the beneficiary of the transfer remain jointly bound by the payment of the balance of the contract and the transfer fees that will be communicated to you.
On the other hand, the customer cannot give up his or her insurance policies.
In addition, in the case of air transport if the ticket is issued, it will not be exchangeable or refundable by the airlines and therefore the assignment of the travel contract may be tantamount to a cancellation generalising the costs provided in the Terms of Sale of the supplier.
18. LAW APPLICABLE
Contracts between the Agency and the client are subject to French law.
19. Assurance – FINANCIEREMENTE Regulatory information on the Agency's insurance and financial guarantee will be available from the Agency.
the sale will be made by HEAVEN TRAVEL NICE , Sarl with a share capital of 13,000 euros, whose head office is located at 10 Avenue Felix Faure 06000 NICE , registered at the RCS of Nice under the number: 529,546.632, Registered with ATOUT FRANCE under the number IM006180005, Financial Guarantee issued by the Professional Association of Tourism Solidarity (APST), domiciled at 15 Avenue Carnot 75017 Paris (email: firstname.lastname@example.org – Tel: 01 44 09 25 35).
Heaven Travel has signed a contract with Hiscox, HA RCP0314840 guaranteeing its Professional Civil Responsibility.
The HEAVEN TRAVEL NICE Agency is a member of the National Travel Companies Union and a member of the TOURCOM network
20.STANDARD INFORMATION FORM
The combination of travel services offered to you is a package within the meaning of directive (EU) 2015/2302 and Article L.211-2 II of the tourism code. You will therefore benefit from all the rights granted by the European Union applicable to packages, as transposed into the tourism code.
The Travel Agency and the Supplier will be fully responsible for the smooth execution of the package as a whole. In addition, as required by law, the Travel Agency and the Supplier have protection to repay your payments and, if the transport is included in the package, to ensure your repatriation in case they become insolvent.
Essential rights under the Directive (EU) 2015/2302 transposed into the tourism code
Travellers will receive all essential information about the package before entering into the package travel contract.
The organizer and retailer are responsible for the proper performance of all travel services included in the contract.
Travellers receive an emergency phone number or contact point contact information to reach the organizer or retailer.
Travellers may transfer their package to another person, with reasonable notice and possibly subject to additional fees.
The price of the package can only be increased if specific costs increase (for example, fuel prices) and if this possibility is explicitly provided for in the contract, and in any case cannot be changed less than twenty days before the start of the package. If the price increase exceeds 8% of the package price, the traveller can resolve the contract.If the organizer reserves the right to increase the price, the traveller is entitled to a price reduction in case of a reduction in the corresponding costs.
Travellers can resolve the contract without paying a resolution fee and be fully reimbursed for payments made if any of the essential elements of the package, other than the price, undergoes a significant change. If, before the package starts, the professional responsible for the package cancels the package, travellers are entitled to receive reimbursement and compensation, if necessary.
Travellers can resolve the contract without paying a resolution fee before the package starts in exceptional circumstances, for example if there are serious security issues at the destination that may affect the package.
In addition, travellers may, at any time prior to the start of the package, resolve the contract with appropriate and justifiable resolution fees.
If, after the start of the package, important elements of the package cannot be provided as planned, other appropriate services will have to be offered to travellers, at no extra price.
Travellers can resolve the contract without paying a resolution fee when the services are not performed in accordance with the contract, this significantly disrupts the performance of the package and the organizer does not fix the problem.
Travellers are also entitled to a price reduction and/or compensation for non-performance or poor performance of travel services.
The organizer or retailer must provide assistance if the traveller is in difficulty.
If the organizer or retailer becomes insolvent, the amounts paid will be refunded.
If the organizer or retailer becomes insolvent after the start of the package and the transport is included in the package, the repatriation of the travellers is guaranteed.
The Agency has taken out insolvency protection from an insolvency protection entity.
Travellers can contact the security agency if services are denied due to the Agency's insolvency.
When booking is made with the HEAVEN TRAVEL Agency in NICE, the financial guarantor is the Professional Association of Tourism Solidarity (APST), domiciled at 15 Avenue Carnot 75017 Paris (email: email@example.com – Tel: 01 44 09 25 35).
Directive (EU) 2015/2302 transposed into national law
20.2.Standard information form for travel service contracts (excluding dry flights)
If you buy a travel service, you will benefit from the rights granted by the tourism code.
The Travel Agency and the Supplier will be fully responsible for the proper performance of the travel service. In addition, as required by law, the Travel Agency and the Supplier have protection to reimburse your payments in case they become insolvent.
Essential rights under the tourism code:
Travellers will receive all essential travel service information before entering into the travel contract.
The service provider and retailer are responsible for the proper performance of the travel service.
Travellers receive an emergency phone number or contact point contact information to reach the service provider or retailer.
Travellers may transfer their travel service to another person, with reasonable notice and possibly subject to additional charges.
The price of the travel service can only be increased if specific costs increase and if this possibility is explicitly provided for in the contract, and in any case cannot be changed less than twenty days before the start of the trip. If the price increase exceeds 8% of the price of the travel service, the traveller can resolve the contract. If the service provider reserves the right to increase the price, the traveller is entitled to a price reduction in the event of a reduction in the corresponding costs.
Travellers can resolve the contract without paying a resolution fee and be fully reimbursed for payments made if any of the essential elements of the contract, other than the price, undergoes a significant change. If, prior to the start of the benefit, the responsible professional cancels the benefit, travellers can obtain reimbursement and compensation, if necessary.
Travellers can resolve the contract without paying a resolution fee prior to the start of the service in exceptional circumstances, for example if there are serious security issues at the destination that may affect the trip.
In addition, travellers may, at any time prior to the start of the trip, resolve the contract with appropriate and justifiable resolution fees.
If, after the start of the trip, important elements of the trip cannot be provided as planned, other appropriate services will have to be offered to travellers, at no extra cost.
Travellers can resolve the contract without paying a resolution fee when the services are not performed in accordance with the contract, this significantly disrupts the performance of the trip and the service provider does not remedy the problem.
Travellers are also entitled to a price reduction and/or compensation for non-performance or poor performance of the travel service.
The service provider or retailer must provide assistance if the traveller is in difficulty.
If the service provider or retailer becomes insolvent, the amounts paid will be refunded.
The Agency has taken out insolvency protection from a financial guarantee agency.
Travellers can contact this agency if services are denied due to the Agency's insolvency.
The financial guarantor of HEAVEN TRAVEL NICE is the Professional Association of Tourism Solidarity (APST), domiciled at 15 Avenue Carnot 75017 Paris (email: firstname.lastname@example.org – Tel: 01 44 09 25 35).
Website on which you can consult the tourism code: https://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006074073&dateTexte=20180705
Update Date 08/27/2020