Terms & Condition of DAY TOUR CRUISE EXCURSION MEDITERRANEAN
PLEASE READ THIS. IT CONSTITUTES PART OF YOUR CONTRACT FOR YOUR TRIP AND ANY RELATED SERVICES. PLEASE CALL US IMMEDIATELY IF YOU HAVE ANY QUESTIONS.
The Security of your online bookings:
1.General Sale Conditions
2. PROVENCE FRENCH RIVIERA is the commercial name of A.P.CA. TOURISME. The professional website” is www.day-tour-mediterranean.com” has been translated into several languages for presenting the travel programs, the programs are renewed each season. The website provides online travel booking services (including sales of vacation packages, tours, hotels, holidays, seminars, concierge service, and car rental with or without driver, travel insurance …)
4. The Passenger accepts conditions having been informed and have accepted the fact that the bookings are regulated by the terms & conditions of DAY TOUR CRUISE EXCURSION MEDITERRANEAN (APCA Tourism).
These terms and conditions include:
– The Special Conditions of – DAY TOUR CRUISE EXCURSION MEDITERRANEAN
– General Conditions governed by the Tourism Code, particularly Articles R 211-5 to R 211-13.
I. SPECIAL CONDITIONS OF SALE
1. ACCEPTANCE OF SPECIAL CONDITIONS OF SALE
1.1. These Special Conditions of Sale apply to all travel reservation with DAY TOUR CRUISE EXCURSION MEDITERRANEAN.
1.2. The Customer acknowledges the conditions having the capacity to contract under the conditions described in the Terms and Conditions set below.
These conditions are an integral part of the sales contract.
The text can also be obtained on request from the company’s headquarters.
1.3. The Customer acknowledges the conditions having read the entire Terms and Conditions, specific conditions, as well as all the terms of the proposal before completing the booking. Therefore, the reservation involves full acceptance by the Customer of Terms and Conditions of DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN.
The provisions of Articles L.211 – 1 and following of the Tourism Code apply to terms and conditions.
2.1. These terms & conditions establish the technical, legal and financial reference in both user online activities and booking activities of the following services:
Hotel, villas, tourist residences;
Boat, aircraft rental,
Seminar and every other touristic activities
2.2. Regarding services without the package, the user declares to have full knowledge that DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN acts only as agent, so that it can in no way be held liable due to non-performance or improper performance by the providers for their services as they have their own terms and conditions.
The service out of the Package is not covered by the Tourism code and does not have the correspondence benefits.
The website is accessed directly at the following URL: www.day-tour-mediterranean.com
The Website can be accessed at all times. However, the Site may occasionally be subject to maintenance and updates which can result in temporary unavailability.
All reservations will be processed from Monday to Friday between 9:00 and 6:30 p.m. (Paris time GTM + 1).
4. SYSTEM REQUIREMENTS
4.1. The internet user should have the minimum computer requirements to allow complete process of the services:
Browser: Internet Explorer 7, Mozilla Firefox 3, Safari 3
The responsibility of PROVENCE-FRENCH -RIVIERA-TOURISM cannot in any case be engaged because of any hardware or software not in accordance with the minimum requirements specified above.
4.2. Some of the data accessed and shared on the Site are secured by 128-bit SSL encryption type.
5.1. All prices are in Euros (€) and VAT included. The price demonstrated in the website is not a final price, it will be checked after each reservation with the suppliers (because the suppliers can change the price without informing DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN), and you will get the final price after your reservation. The final price might be different to the booking price, if in this case, you will be asked for paying the differences if it happens.
The price does not include the administrative fees.
The administrative fees will be marked in the condition & terms.
5.2. Services without the package
The only price listed on our website is negotiated with our providers. Our providers have the rights to modify the eventual price of our service in respecting our terms and conditions signed between us, which must be accepted by the user prior to all bookings. The services without package is not covered by the Tourism code.
5.3. Accommodations and Packaged services
5.3.1. Only services mentioned in the descriptions of “price includes “are included in the price. Unless explicitly stated in the program, our price does not include:
Internet connections to be able access to the website;
International transport at the expense of travellers (if you take our airport transfer service, the light number and schedules, and all changes before arriving in France will be required)
Optional tours and excursions;
Drinks, tips and personal expenses;
Meals if not mentioned in “price includes”
The administration fee of agency *
Furthermore, the User is fully aware of the fact that additional local taxes may be imposed by local authorities at any time. These charges are the responsibility of the user including hotel taxes to be paid directly to the hotels on spot.
*: The amount of the fee set out in Appendix of these terms and conditions. It is also mentioned in step 5 of the ordering process as specified in Article 10.2 below.
5.3.2. In accordance with Article L.211 – 13 of the Code of Tourism, until the expiry of a period of thirty (30) days prior to the scheduled departure date, DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN may change the price of travel, both upwards and downwards until the day of arrival in France, to take account of the following variations:
The exchange rates. These changes will be reflected only in proportion to their share in the calculation of the amount of the price.
DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN will inform the customer by email of any changes in the price of the trip before arrival.
5.3.3. On the assumption that (under Article 7.3.2 ) DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN would be obliged to change, without the traveller’s agreement more than 10% the price initially stated, the customer may:
– EITHER TERMINATE THE CONTRACT AND OBTAIN WITHOUT PENALTY IMMEDIATE REFUND OF THE AMOUNT PAID
– OR ACCEPT THE AMENDMENT PROPOSED BY DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN. AN AMENDMENT TO THE CONTRACT SPECIFYING THE CHANGES WILL THEN BE REGULARIZED BETWEEN THE PARTIES, PROVIDED THAT IT CAN BE CONCLUDED ELECTRONICALLY, SO THAT THE PROVISIONS OF ARTICLE 17 BELOW WILL BE FULLY APPLICABLE TO IT.
6.THE PAYMENT METHODS
6.1. All the service provided by DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN can be paid directly online by a credit card (Carte Bleue, Visa) through a secure payment system presented on the website (the system is fully secured).
In all cases, regardless of the payment method used, PROVENCE-FRENCH -RIVIERA-TOURISM would debit the payment from the customer’s bank account after confirmation of the availability of offers by suppliers in order to complete the reservation process.
6.2. In a case where the payment appears to be invalid, incomplete or non-existent, for any reason attributable to the customer, the order would be cancelled, resulting consequences is the customer’s responsibility. Furthermore, from the due date of the debt, default interest accrues automatically to the discount rate of the Bank of France plus 5.50% per month. Pursuant to Article 1226 of the Civil Code, if the debtor deficiency sums due and collected through litigation will be increased, in addition to default interest, a fixed compensation of 15% of their amount.
7. PAYMENT TERMS
Bookings made 45 days or less prior to arrival, full amount of the total booking value will be required to accomplish the reservation.
Bookings made more than 45 days prior to arrival, a deposit equal to at least 40% of the total booking value will be required to pay immediately. The non-paid part of the booking value would be required no later than 45 days before the departure.
However if the different payment condition of our providers changed in high season, the new condition would be applied.
It’s not considered liberation of debt, if following happens:
For the booking value, we have no authorisation to debt or this authorization is not yet obtained by us, the deposit of your check is not taken in account by the bank, your transferred payment is not confirmed by our bank.
Deposits and balances must be received within 24 business hours after the due date.
When the details of a credit card has been provided by security for a payment by the customer, they will make the payment of the amount due.
If such payment method does not allow for cashing in the defined deadlines, and DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN cannot receive the total amount of the booking value, before the defined deadlines, PROVENCE -FRENCH -RIVIERA -TOURISM considers this as a cancellation by the Client. DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN will certainly entitle to end the contract and apply the cancellation conditions of Article 17 hereof.
8. ONLINE ORDERING PROCESS
8.1. The customer claims himself or herself have full legal capacity to engage under these Terms and Conditions.
8.2. To achieve a booking, the customer must follow the nine (9) steps below:
1. Select the item (s) Service (s) he wishes to benefit by clicking on the “book it now”;
2. If necessary, select one of the available optional insurance;
3. Fill the mandatory information on the reservation form in order to identify the recipient of the Services. The command cannot be completed if the user does not selected to be agree of the terms and conditions;
4. Select the mode of delivery of travel documents electronically or upon arrival;
DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN is committed in doing everything to make the link to the bookings fully compliant with all the data entered by the customer. However, the customer is informed that external technical problems may happen sometimes. Then, DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN may make correction of those information by other ways. In case the summary of the booking does not comply with data entered by the customer, the corrected one will be used to continue the reservation process.
5. Check the booking as presented by a summary of the Services which he wished to benefit. It includes information as the price and the agency fee, the identification of the ordered services, the coordinates of the User and the beneficiary or beneficiaries of services, as well as the mode of delivery of travel documents.
At this point, the user has the discretion to correct any errors. DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEANcannot be held responsible for any data entry errors by the customer or other for a booking and the consequences thereof.
DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN is committed in doing everything to make the link to the customer’s booking correspond.
Is fully consistent with all the data entered by the user. However, the User is informed that external computer trouble with DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN can alter the correct transmission of this information.
In the case of the summary sheet does not complying with the data entered by the user, the order will not be continued.
6. Accept Terms and Conditions, and if so, for services without the package, the general and special terms of sale of our partners (in the terms and conditions);
7. If Necessary, choose a payment method and proceed to the payment of the price of the service in according with the payment procedure in Article 16 below-Described;
8. Validate the order by clicking close on the “Submit”;
9. DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN then informs the user by email, as soon as possible of the booking details. This confirmation email contains the elements of your bookings such as the service ordered, the price, quantity, departure and arrival dates, terms of delivery of your travel documents and any rebates or granted discounts. In some cases, this email may serve as a summons.
At the receipt of this email, the order is considered as final and the contract is properly concluded.
9. TRAVEL TIME
Regarding to the travel packages, travel time indicated on the programs starts from the time of arrival to the accommodation on the beginning of the service day and ends at the day of return which corresponds the end of the service day. All supplementary days or nights will be charged as extra.
10. PHOTOGRAPHS AND ILLUSTRATIONS
The photos on the website are illustrative, the lack of conformity between the Services and photographs / illustrations cannot attribute responsibilities of DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN.
11. FORMALITIES / VACCINATIONS / WEATHER INFORMATION
11.1. DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN provides the customers the information relating to the necessary papers (for visas in particular) for entry into France as well as recommendations and health formalities.
In all cases, the fulfilment of those administrative procedures or health care benefits are at the customers charge. Except fault attributable to DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN, a customer who could not board a flight, because failure to submit the documents required by the administrative authorities (passport, visa, vaccination certificate, tickets …) may not claim any refund by us.
Except fault attributable to, PROVENCE -FRENCH-RIVIERA-TOURISM cannot be held liable for damages resulting from the use and / or interpretation of this information on foreign websites written by the countries concerned.
11.2. DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN allows the users, access to weather information and forecasts via our website. Except fault attributable to Provence -French -RIVIERA -TOURISM, responsibility cannot be held liable for damages resulting from the use and / or interpretation of this information and forecasts.
11.3. Minors must have an individual valid passport which includes his/her name.
For minors accompanied by one parent: out of the ordinary formalities, the parent who accompanies the minor should provide a family record book and a letter of authorization to leave the territory given by the other parent. If the minor is accompanied by the third person, the similar documents are demanded.
12. ACCOMMODATIONS AND STAY
12.1. Hotels & accommodations classifications
The classifications of hotels & accommodations provided by our partners in the service is not verified by DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN. The number of stars indicated corresponds to French national standards. It has no legislation yet established for the classification of host-inns.
If remains uncertain DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN cannot be responsible.
12.2. Changes made by hotel establishment
PROVENCE -FRENCH-RIVIERA-TOURISM reserve the right to replace the accommodations during high season by a similar facility to allow the feasibility of the program, the traveller will be notified when making reservations or right after the reservation.
As part of tourism programs, DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN reserve the right, in exceptional circumstances resulting from a case of force majeure or due to a third party, to replace the originally planned hotel establishment institution hotel of the same category. DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN would inform you as soon as possible. You can then:
– Either terminate the contract without penalty and get immediate refund of the paid amount;
– Either accept the amendment proposed by DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN. An amendment to the contract specifying the changes will then be regularized between the parties, provided that it can be concluded electronically, so that the provisions of Article 17 below will be fully applicable to it.
12.3. The Meals
When meals are included in the program, the number of meals depends on the number of nights.
Full board includes breakfast, lunch and dinner, according to the service schedule set by the accommodation directly concerned.
Half-board includes breakfast and one daily meal.
DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN under no circumstances can be held liable in the event that some meals could not be served because of scheduling or delay of your flight or train or other means of transport. Unless explicitly stated otherwise, the drinks are not included. All drinks outside the package at your expense.
12.4. The customers are informed that sports and recreation mentioned on the site have a purely indicative and may be modified by the host institution or accommodation during the season. In such cases, the responsibility of DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN shall in no case be engaged.
AVAILABILITY OF OFFERS
All offers on the Site are available in principle, within the limits of their validity date.
The dates of the circuit can be changed if sufficient numbers to ensure the trip is not attained. It can also be cancelled 21 days before departure without compensation to the customer according to French law .However, these offers are provided directly by the partners DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN cannot guarantee their complete availability when placing the order by the User.
Therefore, if after placing the order by the user, the offer becomes unavailable, DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN agrees to promptly contact the user and to propose an alternative Service of a quality at an equivalent price, and / or if appropriate, to conduct a full refund of the order, or the amount of the difference between the originally ordered service and alternative service accepted by the User in a period up to 30 days from the payment of the price of the Service.
13. CANCELLATION / CANCELLATION FEES
The conditions and the following presentation for cancellation fees apply to all services, unless specific conditions described in the relevant programs, which are particularly exposed in the summary page of the booking.
13.1. Holiday Packages
Any cancellation or modification of the Holiday Packages by the customer should be sent to DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN by email or registered letter with acknowledgment of receipt.
Subject to special provisions that may be included in the summary sheet of the ordered Holiday Packages, cancellation or modification of Holiday Packages by users will result in the perception DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN an amount equal to a percentage prices VAT included Services, as the fee schedule below :
|CANCELLATION DATE||CANCELLATION FEES (WITHOUT ASSURANCES NO REFUND)|
|15 days prior to arrival||
100% of the total booking value.
|16 to 21 days prior to arrival||
70% of the total booking value.
|22 to 30 days prior to arrival||
50% of the total booking value.
|31 to 45 days prior to arrival||
30% of the total booking value.
Before 45 days, 170 Euros incompressible fee per person will be charged and the administrative fee, optional insurance, visit tickets or entrance fees are not refundable. For the personalised travel demands, the incompressible fee is 250 Euros per person with other charges listed above.
Less any amounts due to DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN under the scale above, application fee and, if applicable, optional insurance fees ,PROVENCE excursions, DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN agrees to reimburse the customer within a period between 30 and 60 days for all amounts previously paid by the latter.
For any modifications in reservations already made:
Over thirty (30) days prior to arrival: 100 Euro administration fee per person will be charged
Over (30) to twenty one (21) days prior to arrival: 200 Euro administration fee per person will be charged
Over (20) to eight (8) days prior to arrival: 250 Euro administration fee per person will be charged
Over seven (7) days prior to arrival: 300 Euros administration fee per person will be charged
(Important: the modifications of the reservations already made can cause cancellation of the previous services would attribute to addition fee)
Disposal costs of your case to a third party
100 euro per person over 45 days prior to arrival
300 euro per person under 45 days prior to arrival
(Disposal costs = you transfer your file to another person in case of cancellation of your file)
To the extent that the application of the general and special conditions of our suppliers, you can obtain a full refund of your services when the service chosen is out of the package, DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN will refund you as soon as possible. The administrative fees, optional insurance and the visits are not refundable.
14.2. Hosting services
Any cancellation or modification of accommodation services by the customer will lead to the perception DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN fee stipulated in the Annex of these Terms and Conditions.
13.3. Services without the package
Cancellation policy and cancellation fees for services without the package are determined by the general and special conditions of our suppliers.
To the extent that the application of the general and special conditions of our partners, you can obtain a full refund of your services without the package, DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN will refund you as soon as possible, all the regulations which you have paid, net of agency fees, folder, optional insurance, excursions, which are not refundable.
13.4. General rules
In any cases, if you wish, you may be reimbursed for services cancelled by you in the form of a credit note on your next order, valid for a period of one (1) year. This service will be charged according to the rates set in Annex of these Terms and Conditions. Non packaged programs are not covered by the Tourism code, this applies only to the packages.
13.5. Assignment of Contract
Pursuant to Article L 211-12 of the Tourism Code, the Customer may assign their contract (excluding insurance contract) to a third party, provided they inform DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN in writing within seven (7) days prior to arrival, by specifying the name and address of (of) the transferee (s) and (s) participant (s) to travel with proof that they meet the same conditions for the trip (especially for children who should be in the same age groups).
Previously, the transferor or the transferee will be required to meet the following minimum charge:
The modification demands (count of the working days)
More than thirty (30) days prior to departure
Thirty (30) to twenty one (21) days of departure
Twenty (20) to fifteen (8) days of departure
A seven (7) days of departure
50 € per person
100 € per person
200 € per person
250 € per person
In all cases, if the costs were higher than the above amounts, the amount will be due to the DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN for the exact amount invoiced to the Customer upon presentation of the corresponding supporting in excess of the stated fee schedule.
The transferor and transferee are jointly and severally liable for a possible sale price and additional costs arising from such transfer.
Supplementary insurance is not refundable or transferable cases.
In a case of transfer, the transferor assumes the obligation to inform the transferee of all the documents necessary to get to their destination, so that the latter can cancel the ground that he was not informed or does could leave.
14. PROOF /ARCHIVE
The data stored and archived electronically will properly be tendered as evidence by DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN and opposite to the customer in connection with any claim or action with the same value as any document created, received or kept in writing that the customer agrees expressly.
Users can access all of its data, to include its controls, upon request by mail or e-mail.
DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN keep the data of all the users order processed, they are considered the proof of the communications, reservations and payment between the parties. The data can be in both electronic and physical form.
15. VOUCHERS AND DOCUMENTS ON YOUR TRIP
The method of delivery of your services related travel documents specified in the invoice of your booking.
Your travel documents are issued to you exclusively by electronic form.
If for some reason, the customer has not received the necessary documents for the trip before leaving, the customer has the responsibility to notify DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN as soon as possible in order to get a duplicate version of the documents. Otherwise, no refund will be granted.
Indeed you must not in any way lose the travel guide which contains the vouchers covering the benefits paid, which is to be delivered to on-site service providers in France.
All complaints must be sent with a registered letter and signature of receipt or by email from DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN within thirty (30) days from the end of the trip at the following address: A.P.C.A Tourisme SITE ACTISUD – 90 CHEMIN DU RUISSEAU MIRABEAU 13016 MARSEILLE.
After thirty (30) days, no claim will be treated. Any complaints to our partners or suppliers will be directly sent to them and will not be treated by DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN.
For any problems related to non-performance or improper performance of services during your stay, we recommend you to send a registered letter with a signature of receipt immediately to our provider and to us as a double copy as required by the European legislation.
17.1. The User acknowledges having full knowledge of the nature of the Internet and its limits and specifically that:
The quality of Internet transmissions is variable, it depends on heterogeneous networks with various technical characteristics and capacities, which are sometimes saturated at certain times of the day;
Specific networks and services may depend on individual agreements and can be subject to access restrictions, preventing access to the site in some countries it would be nice to get these malfunctions sent to us, to improve quality of service and data information;
The connection rates, response times, and personal settings from the User’s position or its network access service can influence access to the website and its quality.
Consequently, DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN shall in no case be held liable, directly or indirectly, due to malfunction of the Site caused by one or more technical features inherent to Internet Network, computer equipment or software used by the user, for any reason whatsoever.
Similarly, the responsibility cannot be engaged in any manner whatsoever for any interruption of access to the site due to a case of force majeure, a failure in the operation of the hardware or telecommunications networks or those of its technical providers, updating and maintenance of the website.
Moreover, no malfunction of the website will be due to DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN since such malfunction results from misuse of the Service by the customer or any other users, or inadequate hardware and software User with regard to technical specifications referred to in Article 6 above.
Finally, DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN reserve the right to suspend access to the website for reasons of technical maintenance in determining the need, duration and frequency.
17.2. DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN cannot guarantee the confidentiality of correspondence of emails or other mode of communication using the medium of the Internet and information can be received by a third party because of the data traffic on the network.
In addition, it is up to each user to take all appropriate measures to protect their own data and / or software against contamination by viruses circulating on the Internet and against intrusions to their computer system.
Accordingly, unless directly attributable to fault DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN liability shall in no case be engaged because of the use of the information and / or tools provided on the website.
17.3. Pursuant to Article L 211-7 of the Tourism Code, DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN cannot be held responsible for the consequences of the following events:
– Lost or stolen of air tickets to arrive in France (airlines do not issue duplicate);
– Failure of presentation of identity documents and / or health outdated or insufficient validity from your country (identity card, passport, visa, vaccination certificate, etc.) or non-compliance of the information provided by the authorities of your country, the police station Customs or registration. In case of default of registration (including delay boarding), it will be retained in costs, 100% of the total amount of the trip.
– Incidents or unforeseeable and insurmountable events of a third party outside DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN such as wars, political unrest, external strikes, attacks of all kinds, external technical incidents DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN, dimensions of airspace, bankruptcy of a provider, bad weather, delays, breakdowns, loss or theft of luggage or other effects. The delays incurred or originating the cases referred to above as well as changes of routes that possibly would occur may not involve any compensation for any reason whatsoever, including due to the change in the length of the original program or delay in a match. Any additional costs associated with a disturbance (tax, hotel, parking, etc.) remain the customer’s responsibility.
– Cancellation of the circumstances imposed by a force majeure nature and / or for reasons of customer safety and / or order of an administrative authority or terrorist acts DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN reserves the right to change the dates, times or routes planned if it determines that the safety of the traveller cannot be assured.
17.4. Unless otherwise required by law, the customer expressly acknowledges that in the case of services outside package, DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN acts only as an agent of the partner concerned and shall in no event be held liable to respect of services provision contract concluded between the customer and the supplier.
17.5. Unless otherwise required by law, DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN will not be liable for any fault attributable to one or more of its partners.
18 .PERSONAL DATA
The website has been declared to the Commission Nationale Informatique et Libertés (CNIL). The registration number is 1207235.
The collection and processing of User’s personal data from the site is in accordance with Law No. 78-17 of 6 January 1978 relating to data, files and the law ” Informatique et Libertés “, as reformed by the Act of 6 August 2004, as is apparent in Articles 3 to 5 of the Legal Statements.
19. MODIFICATION OF TERMS & CONDITIONS
The terms and conditions are available on the website. DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN may update these terms and conditions regularly, once the changes made , in particular on legal regular and technical terms, it will apply automatically to both the new bookings and also the bookings already made and received by DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN.
20. FINAL CLAUSES
To any fact that DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN does not exercise, at one time or another, any provision of these terms and conditions may not be interpreted as a waiver by DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN to invoke it later.
In the event that any provision of these General and Specific Terms and Conditions is declared null and void, it would be disregarded without it affecting the validity of the other provisions, unless the provision declared invalid or effect was essential and critical.
The customer acknowledges to be informed that pursuant to Article L. 121-20-4 of the Consumer Code. All the services offered on the site DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN is not subject to the application of right of withdrawal provided for in Articles L. 121-20 of the distance selling consumer.
II. GENERAL CONDITIONS OF SALE
Literal reproduction of articles R 211-3 à R 211-11 of Code du Tourisme (the French tourism code).
Article R 211-3: Subject to the exclusions in the 3rd and 4th paragraph of Article L 211-7, any offer and sale of travel and holiday services gives rise to the provision of appropriate documents meet the rules defined by this section. In a case of sale of airline tickets or travel tickets on a regular line not accompanied by services related thereto, the seller delivers to the purchaser one or several tickets for the entire trip issued by the carrier or under responsibility. In the case of transport on request, the name and address of the carrier for whom the tickets are issued must be mentioned. Separate billing of various elements of a package does not release the seller from the obligations placed upon it by the regulatory provisions of this section. (DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN is not concerned by this article because we do not provide air tickets)
Article R.211-3-1: The exchange of pre-contractual information or the provision of contract terms is made in writing. They may be in electronic form in conditions of validity and exercising provided for in articles 1369-1 to 1369-11 of the Civil Code. The name or business name and address of the seller and the indication of its registration in the register mentioned in Article L. 141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of Article R. 211-2.
Article R 211-4: Prior to the conclusion of the contract and on the basis of a written form including its name, address and the indication of its administrative authorisation, the seller must provide the consumer with information on prices, dates and other aspects of the services provided during the trip or stay such as:
1. The destination, means, characteristics and categories of transport used;
2. The accommodation, its location, level of comfort and main characteristics, approval and tourist classification corresponding to the regulations or customs of the host country;
3. The meals provided;
4. The description of the itinerary in the case of a tour;
5. Administrative and health formalities required by national or by nationals of another Member State of the European Union or a State party to the Agreement on the European Economic Area in the event, including crossing borders and their times of completion;
6. The visits, excursions and other services included in the package or available at an additional price;
7. The minimum or maximum size of the group for the trip or stay and, if the trip or stay is subject to a minimum number of participants, the time limit for informing the consumer in case of cancellation the trip or stay; this date cannot be set less than twenty-one days before departure;
8. The amount or percentage of the price to be paid as a deposit on signing the contract and the balance of the payment schedule;
9. The price review procedures as provided for in the contract pursuant to Article R 211-08;
10. Contractual cancellation conditions;
11. Cancellation defined in Articles R 211-09, R 211-10 and R 211-11;
12. The information concerning the optional subscription of an insurance policy covering the consequences of certain cases of cancellation or an assistance contract covering certain risks, including repatriation in case of accident or disease;
13. When the contract includes air transportation, information for each flight leg, under Articles R 211-15 to R 211-18.
Article R 211-5: The advanced information made by a consumer is binding on the vendor unless within it the vendor expressly reserves the right to modify certain elements. The seller must, in this case, clearly indicate to what extent these changes may occur and in which elements.
In any event, the changes made to the prior information must be communicated in writing to the consumer before the contract is concluded.
Article R 211-6: The contract between the seller and the buyer must be written, in duplicate, one of which is delivered to the buyer, and signed by both parties. When the contract is concluded electronically, is made pursuant to Articles 1369-1 to 1369-11 of the Civil Code. The contract must include 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 destinations of the journey and, in case of a holiday, the various periods and their dates;
3. The means, characteristics and categories of transport used, the dates, times and places of departure and return;
4. The accommodation, its location, level of comfort and main characteristics, its tourist classification under the regulations or customs of the host country;
5. The number of meals provided;
6. The itinerary in the case of a tour;
7. The visits, excursions or other services included in the total price of the trip or stay;
8. The total price of services invoiced and the indication of any possible revision of this invoicing under the provisions of Article R 211-8;
9. The indication, if any, charges or taxes for certain services such as landing taxes, embarkation or disembarkation at ports and airports, tourist taxes when they are not included in the price of the service or services provided;
10. The schedule and method of payment; In any event, the last payment made by the purchaser may not be less than 30 percent. 100 percent of the travel or stay price must be made upon delivery of the documents enabling the trip or stay;
11. The special conditions requested by the buyer and accepted by the seller;
12. The manner in which the purchaser may make the seller a complaint for non-performance or improper performance of the contract, said complaint must be sent as soon as possible by a registered letter with acknowledgment of receipt to the seller, and, if applicable , reported in writing to the travel organizer and the service provider;
13.The deadline for informing the buyer in case of cancellation of the trip or stay by the seller if the journey or stay is subject to a minimum number of participants, in accordance with 7 of section R 211-4;
14. The contractual terms of cancellation;
15. The cancellation policy provided for in Articles R 211-9, R 211-10 and R 211-11;
16. Details of the risks covered and the amounts guaranteed under the insurance contract covering the consequences of professional liability of the seller;
17. Indications concerning the insurance contract covering the consequences of certain cases of cancellation subscribed by the purchaser (policy number and name of insurer) and those regarding the assistance contract covering certain specific risks, including repatriation 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 informing the seller in a case of transfer of the contract by the buyer;
19. The commitment to provide in writing to the purchaser, at least ten days before the scheduled 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 local organisations likely to help the consumer in case of difficulty, or, failing that the telephone number needed to establish contact urgently with the seller;
b) For travel and stay of minors abroad, a telephone number and an address for direct contact with the child or the person in charge during his stay.
20. The clause for termination and reimbursement without penalties of the sums paid by the buyer in case of non-compliance with the disclosure requirement under 14 of Article R 211-6.
21. The commitment to provide the buyer, in good time before the start of the trip or stay, the hours of departure and arrival.
Article R 211-7: The buyer may transfer the contract to a transferee who meets the same conditions as them for the trip or stay, as long as the contract has no effect. Unless more favourable to the transferor, it must be informed to the seller of the decision by registered letter with acknowledgment of receipt no later than seven days before the start of the trip.
When it is a cruise, this period is extended to fifteen days. This sale is subject, in any case, a prior authorisation of the seller.
Article R 211-8: When the contract includes an express possibility of price revision, within the limits laid down in Article L 211-12, it must mention the precise means of calculation for both upside and downside price changes, including the amount of transportation costs and related taxes, the currency or currencies that may affect the price of the trip or stay, the share price at which the variation applies, the course the currency or currencies used as a reference when establishing the price stated in the contract.
Article R211-9 When, before the departure of the purchaser, the seller is forced to make a change to one of the essential elements of the contract such as a significant price increase and complying with the obligation information referred to in Article 13 of R 211-4, the purchaser may, without prejudice to recourse to redress any loss suffered, and after having been informed by the seller by registered letter with notice of application reception:
– Either terminate the contract and obtain without penalty immediate refund of the amount paid;
– Or accept the change or replacement trip offered by the seller; an amendment to the contract specifying the changes is then signed by the parties; any reduction in price is deducted from any amounts remaining due by the purchaser and if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned 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 seller cancels the trip or stay, he must inform the purchaser by registered letter with acknowledgment of receipt; the purchaser, without prejudice to recourse for compensation for any loss suffered, obtains from the seller immediate reimbursement without penalty of the sums paid; the buyer receives, in this case, compensation at least equal to the penalty he would have supported if the cancellation had been his on that date. The provisions of this article do not in any way prevent the conclusion of an amicable agreement for acceptance by the purchaser of a replacement travel or stay proposed by the seller.
Article R 211-11: When, after the departure of the purchaser, the seller is unable to provide a major part of the services under the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudice to recourse in redress of possibly incurred damages:
– Either offer services to replace the planned services, bearing any additional charge and, if the services accepted by the buyer are of inferior quality, the seller must be reimbursed, upon return, the price difference;
– Or, if unable to offer any replacement service or if they are refused by the purchaser for valid reasons, DAY-TOUR-CRUISE-EXCURSION-MEDITERRANEAN will provide the purchaser, at no extra price of tickets to ensure their return in conditions deemed to be equivalent to the place of departure or to another place accepted by both parties.
The provisions of this Article shall apply in the event of non-compliance with the obligation under paragraph 13 of Article R. 211-4.
The customer must agree our terms and conditions in order to be valid by our reservation form from the website. All reservations made with the agreement and acceptance of our terms and conditions.
This is an English translation of the terms and conditions.
It only provides a reference for the user by another language, it does not provide legal support. Please read the terms & conditions in French version CONDITION GÉNÉRALES & PARTICULIÈRES