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Terms of Sale Constellation

Constellation Network (hereinafter Constellation®) is a simplified joint-stock company with 52,308 Euros in capital; its registered office is located at 4, rue Cité Bartissol in Perpignan (66000), registered in the Perpignan Business Registry under number 452 146 343.

The online Constellation® advertising service, operated by Constellation® Network SAS. (hereinafter the Constellation® platform) brings together advertising vendors (hereinafter the service providers) and buyers (hereinafter the public users) of tourist-oriented products and services (hereinafter the products and services) or so-called “local” products and services.  The service providers and users are referred to jointly as the members. The Constellation® platform allows contracts of sale for products and services to be concluded between the members. The members alone decide whether to conclude the purchase and sale of the products and services.

Acceptance of these terms and conditions for use of the Constellation® platform by the members constitutes authorisation given to Constellation® to bring buyers and vendors together and to conduct the transactions made on the Constellation® platform in the manner described below.

These terms and conditions take effect as of November 1, 2008. This edition cancels and replaces any previous editions.

Article 1. Definitions and scope of application

1.1 Definitions

The following definitions are identical in meaning whether used in the singular or the plural.

Constellation® Platform: indicates the functional and organisational structure established by Constellation® to put the buyers and vendors of products in contact with one another.

“Vendor(s) or service provider(s)”: indicates a member offering a product or service for sale on the Constellation® platform. Designates the producer(s) of tourist services offering their services according to their own specific terms, following up on requests made by the user in the Constellation® booking engine on the reservation page made available to the user.

"Buyer(s)”: indicates a member having accepted a vendor's offer.

 “Member(s)” or “Partner”: in the singular or the plural, indicates a buyer, a client, a vendor or a distributor ikely to make use of the Constellation® platform after accepting the terms and conditions. All members undertake to provide correct information as to their identity, address and other data necessary for accessing the Constellation® platform and to update this information when any changes are made. To gain access to the benefits of the Constellation® platform, every member must be at least 18 years of age and have an identifiable address in Metropolitan France or in a country of the European Union.

 “User(s)”: indicates any Internet user making use of the Constellation® booking engine through a reservation page made available to him on any site affiliated with Constellation® for purposes of reserving one or more services offered by one or more service providers, in particular the service provider.

 “Service(s)”: indicates the products and services offered by the service provider, which the user is able to learn about through the Constellation® platform, reserve using the Constellation® booking engine and pay for using the payment engine set up for the latter. Services are subject to the service provider’s specific terms.

“Service(s)”: indicates the services offered by the service provider, which the user is able to learn about through the Constellation® platform, reserve using the Constellation® booking engine and pay for using the payment engine set up for the latter. Services are subject to the service provider’s specific terms.

“Prohibited products and services”: indicates products and services that are contrary to proper morals and to current laws and regulations, or products and services that are not authorised according to legislative, regulatory or contractual provisions.

“Constellation® booking engine”: indicates an online reservation system comprising a payment engine, developed by Constellation® and implemented on the reservation page. Made available to users and/or the service provider(s), it enables the latter to present their offers and the user to order and pay the service providers online for the services.  Under the terms of the present conditions, the “Constellation® booking engine” is used under the sole responsibility of the user by means of requests corresponding to his choices.

“Service provider’s specific terms”: indicates the terms and conditions prepared by the service provider and applicable to all of its services, under its sole responsibility. It is up to the service provider to set its own specific terms, and to include them in the administration interface so that they can be brought to the attention of the users. Both when they place their order and when the services are consumed.

“Reservation page”: indicates the Internet space, Web platform, Internet page and/or sites affiliated with Constellation® and within which the online reservation system developed and set up by Constellation®, called the “Constellation® booking engine”, is implemented, and by which the user is able to search for the offers of one or more service providers and reserve and pay them for his orders.

“Service price”: indicates the public price proposed by the vendor for its offer to sell a product and/or a service.

“Transaction price”: indicates the total price of the product and/or service payable by the buyer, including – in addition to the price – optional costs for insurance or delivery of vouchers, set at a flat rate.

“The User” indicates any user of the Site who browses, takes notice of, reserves, orders and/or purchases one or more of the Services offered on the Site.

1.2  Scope of application

The present terms and conditions of sale and use (hereinafter the “Terms and Conditions”) govern the offer and supply of the Services.

Only Users having previously taken note of the Terms and Conditions in their entirety and having accepted them by checking the box or clicking on the link provided for that purpose may order Services. Without this acceptance, it is technically impossible to continue the order process.

The Service Providers’ or Vendors’ specific terms (hereinafter the “Specific Terms”) are also applicable to the offer and supply of Services, in a manner identical to the Terms and Conditions. The User’s acceptance of the Specific Terms occurs when the actual order is submitted in the same message as the Terms and Conditions of use of the Constellation® Platform and its derivatives (booking engine and reservation page).

The Terms and Conditions may be changed at any time, without notice, with the understanding that such changes will not be applicable to orders of Services submitted prior to that time. It is therefore imperative for the User to consult and accept the Terms and Conditions when placing an order, in particular to be certain of the provisions in force.


Article 2. Purchases on the Constellation® reservation page

2.1 Legal capacity – Using the reservation page

The purpose of the reservation page is to assist the User in finding Services relating to travel and tourism, and to make the appropriate reservations and to conclude any transaction relating to the Services. The User must be at least 18 years of age and have legal capacity to contract and use this Site according to the Terms and Conditions.

Except in the case of fraud, of which the User must provide the proof, the User is financially liable for its actions on the reservation page, especially for the use made of his User name and password. He also guarantees the truth and accuracy of the information concerning him provided in the reservation page.

Use of the Constellation® platform or of its reservation page that is fraudulent or in violation of the present Terms and Conditions will justify blocking the User’s access at any time to the Services offered by the Service Providers or to other Site functions.

2.2 Order submission and cancellation

The User may order using the reservation page only after having accepted the present Terms and Conditions as well as the applicable Vendors 7Specific Terms.

Order confirmation, stating the essential elements of the order such as identification of the Service(s) ordered and their price, will be sent to the User by e-mail, regular mail or fax within a maximum of one business day after the order date, with the exception of the tourist packages governed by article 3.6 below. It is also available as a PDF file, immediately after notification of payment, on the reservation page under the “Confirmation” tab.

All conditions regarding cancellation or correction of orders and/or reimbursement are accessible directly on the reservation page prior to making the reservation and, where appropriate, stated on the order confirmation.

Any cancellation or request for change must be sent by registered letter with acknowledgement of receipt to the addresses of the concerned Service Providers as mentioned in the summary document containing the order confirmation.

In any event, if the User issues a cancellation in any case other than one of force majeure, the transaction costs and insurance subscribed are not reimbursable.

2.3 Travel documents notice and pick-up

The travel documents issued as part of a Service ordered via the reservation page are sent to the e-mail address indicated by the User when ordering, according to the provisions stipulated for each type of Service prior to the reservation or in the Specific Terms.

Delivery times, especially with regard to Services that include the reiteration of a special contract indicated at the time of order, are average times corresponding to the times for processing and delivery to a destination in Metropolitan France. These times may not exceed 10 business days from the date of order and payment.

If it is impossible to deliver the tickets or tour documentation due to an error by the User in entering his information, neither the Partner(s) concerned nor Constellation® may be held liable.

The User’s attention is directed to the fact that no physical delivery of tour documents will be made abroad, including the French overseas departments and territories.

2.4 Proof

It is expressly agreed that, except in the case of manifest error on the part of the Service Providers or of Constellation® for which the User submits proof, the data kept in the information system of Constellation® and/or its Service Providers have probative force with regard to orders submitted by the User. Data in computer or electronic format constitute valid proof and, as such, are admissible under the same conditions and with the same probative force as any document prepared, received or kept in writing.

2.5 Right of return

The User is informed that, in application of article L. 121-20-4 of the Consumer Code, none of the Services offered on the reservation page by Constellation® on behalf of the Service Providers are subject to application of the right of return provided by articles L. 121-20 et seq. of the Consumer Code in the area of distance selling.

Consequently, the Services ordered on the reservation page are subject only to the conditions of cancellation and change established herein and/or in the applicable Specific Terms.

2.6 Payment in three times free of charge

By opting for the payment in three times free of charge, the User accepted that the payment will be operated three takings through his credit card in the dates indicated during the validation of this option. The first taking takes place the day of the payment of the reservation. Two other takings will be made respectively 30 days and 60 days after the first one.

In case of throwing back of a payment, independently of circumstances and\or reasons, the User will have to send to Constellation Network a check which the amount will be equal in the balance of his file.

In case of no payment of the balance owed within eight calendar days, the booking will systematically be cancelled and all the already perceived payments will be kept as penalty.

Article 3. Particulars of Services

Constellation® acts solely in the name and on behalf of the Service Providers with regard to the offer and supply of all Services.

The purpose of the present article is to provide particulars of the Services in the name and on behalf of the Service Providers, with the intention of informing the User. These particulars are not exhaustive and do not replace the Specific Terms of the Service Providers.

Subject to legal provisions to the contrary, these particulars may in no case be the source of commitments or liabilities for Constellation®.

3.3 Accommodation and holiday services

These Services are offered either as accommodation services alone or as part of a dynamic shopping cart and in no case as a previously formed package including an element of transportation.

Put together in a dynamic package, these Services do not meet the definition of the tourist package resulting from a combination previously created by Constellation®.

Trip length

The departure day and the day of return from the trip are included in the trip length. The first and/or last night may be shortened by a late arrival or morning departure.

Room possession

Most often, rooms are not available until 2:00 p.m. and must be freed up before 12:00 noon, regardless of the time or arrival or departure of the transport means used.

Single rooms generally include one bed for one person. These rooms are often subject to a surcharge. Double rooms come either with two beds or, more rarely, with one double bed.

Ranking

The indication of comfort level assigned to the hotels appearing in the consultable descriptions on the Site corresponds to a ranking established in reference to French standards. It is provided only by way of indication.


Activities

It may happen that certain activities offered by the Service Providers and indicated in the description appearing on the reservation page are eliminated for reasons of weather, force majeure, off-season stay, or when the number of participants required for the activity is not reached.

Cancellation of any activity for a case of force majeure will in no case carry with it any compensation in favour of the User; the User must have previously taken notice of the special terms of the concerned Service Provider referring to such eventualities.

With regard to tours, the order in which sites are visited is given by way of indication and may be changed by the Service Providers.

Meals

When meals are included in the price of the Service, their number depends on the number of nights when they are associated with accommodations. Full pension includes breakfast, lunch and dinner. Half-pension includes breakfast and either lunch or dinner, depending on the offer. Full pension and half-pension start with the meal preceding the first night’s stay and end with the breakfast following the last night of accommodation.

Taxes

The User’s attention is directed to payment of the tourist tax when this applies to the Service(s) purchased; it is always paid on site and is borne by the User.

3.4 “On-site activities” tourist services

These Services are offered either as tourist services alone or as part of a  shopping cart dynamically composed by the User himself and under his sole responsibility according to the availabilities offered by the Service Providers who distribute them on the reservation page.

The sale of “On-site activities” services alone is regulated by the Service Providers’ Specific Terms. Put together in a dynamic package, these Services do not meet the definition of the tourist package resulting from a combination previously created by Constellation®.

Activities

It may happen that certain activities offered by the Service Providers and indicated in the description appearing on the reservation page are eliminated for reasons of weather, force majeure, off-season stay, or when the number of participants required for the activity is not reached.

Cancellation of any activity for a case of force majeure or because of the behaviour of a third party to the contract may in no case carry with it any compensation in favour of the User by Constellation®.

Price

The descriptions of the Services presented on the reservation page specify which of those in the “On-site activities” are included in the stated price.  The prices shown are in Euros and are generally understood to include all taxes, unless otherwise stated on the reservation page.

Reservations

Inasmuch as the undertaking of Service Providers involves reservations made by the User on the reservation page, it is conditional on their prior acceptance, in particular according to the availability of their Services and, more generally, any circumstances that might interfere with execution of their reservation.

Acceptance, under the sole responsibility of the Service Providers, is formalised by display of the offer as available and priced in real time on the reservation page. It is instantly confirmed in the moment following the User’s order by a reservation confirmation by e-mail, regular mail, fax or by any other means.

The User’s order will be definitively recorded on the day of confirmation of the availability of the holiday and its associated activities by Constellation®. As such, the User is guaranteed that his bank account will not be charged until confirmation of the availability of the service by the Service Provider(s)   has been recorded.

The User may cancel his order without charge up until such time as he has received confirmation of the reservation.

All information appearing on the reservation confirmation will be considered accepted by the User if he has not contested them by registered letter with acknowledgement of receipt within eight days, directly to the concerned Service Provider. They may only be contested, however, to the extent that they differ from the reservation.

Price

For each service, the descriptions of the services presented on the reservation page specify the services included in the price.  The prices shown are in Euros and are understood to include all taxes (excepting the tourist tax, if any, payable on site), unless otherwise stated on the reservation page.

When the reservation includes an accommodation service, the prices are calculated according to the number of nights rather than the number of whole days.

The prices appearing on the reservation page may be changed at any time, without notice; it is understood that such changes will not be applicable to previously accepted reservations unless these changes occurred more than 30 days before the stipulated departure date for reasons having to do with a variation in the price of fuel, legal or regulatory taxes, or the exchange rate.

In the event of a price revision for one of the reasons mentioned in the preceding paragraph, these changes will be passed on only in proportion to their share in calculating the price of the service, without prejudice to the User’s right to terminate the contract pursuant to the provisions of article 211-11 of the Tourism Code.

Any failure to pay by the User, whether in full or in part, will carry with it suspension of execution of the service(s), with the resulting costs being borne by the User, without prejudice to any action that may be taken against him.

Cancellation and modification

Any request to cancel or modify the trip by the User must be sent by registered letter with acknowledgement of receipt to Constellation®, which will accept it in the name and on behalf of the concerned Service Providers, to the following address: Constellation®, 4 rue Cité Bartissol, Perpignan (66000).

Except in cases of force majeure, if a trip is cancelled by the User the cancellation costs vary according to the Service Providers and the services. In the absence of special provisions stated on the reservation page prior to the reservation, the following schedule will be applied:

More than 30 days before departure: 10% of the price of the trip

From 30 to 21 days before departure: 40% of the price of the trip

From 20 to 15 days before departure: 60% of the price of the trip

From 14 to 8 days before departure: 75% of the price of the trip

7 days before departure: 100% of the price of the trip

Any cancellation or modification request made by the User will give rise to reimbursement of the amounts paid by the latter minus the amounts remaining due according to the above table.

Photos and illustrations

Every effort is made to provide photos and illustrations that give the User an overview of the Services offered. These photos and illustrations are intended to indicate to the User the category of accommodation or the comfort level, for which the Service Provider alone is liable.


3.5 Insurance

No insurance is included in the prices featured on the reservation page. It is therefore recommended that the User sign an insurance contract covering the consequences of certain cases of cancellation, and an assistance contract covering certain risks, in particular the costs of repatriation in the event of accident or illness.

Article 4: Financial conditions and payment methods

Unless otherwise specified in the Specific Terms, the prices for the Services indicated on the reservation page are given in Euros, excluding port charges and local and tourist taxes.

Payment of the price for the Services ordered by the User from the Service Providers through the reservation page is made to Constellation® on behalf of the Vendors when the order is placed, by providing the User’s credit card number using the Ogone (www.ogone.com) secure payment system. With regard to offers combined by the User himself by means of a dynamic package, these are paid with a single charge corresponding to the total amount of each of the Services provided.

The total amount of the service (including insurance and processing fees, if any) will be charged when the User’s travel documents are made available or sent to him.  

Unless otherwise specified in the Specific Terms of the Service Providers concerned, payments are made on the reservation page by credit card (cards in the Carte Bleue, Visa, Eurocard/Mastercard networks are accepted) using the Ogone (www.ogone.com) secure payment system.

Article 5. Customer Service and complaints

In accordance with article 6 of the Information Technology and Freedoms Act of 6 January 1978, amended, the User has at all times a right to access, amend, correct and eliminate data concerning him. He may exercise that right by sending an e-mail to marketplace@enjoyconstellation.com or by sending a letter to Constellation Network® - Customer Service: 4, rue Cité Bartissol – 66000 Perpignan, providing proof of his identity.

Complaints Department

Any request for information, clarification and any complaints must be addressed to Constellation Network® - Customer Service: 230, rue James Watt – 66000 Perpignan, which collects them in the name and on behalf of the Partners, within 30 days following the end of the holiday:

- By registered letter with acknowledgement of receipt

- By fax to the following number: (33) 4 68 68 65 29

- Or by e-mail to the following address: reclamation@enjoyconstellation.com

Complaints will be accepted only to the extent that the problems to which they refer were reported to Constellation® or to the Partners during the trip so that an attempt could be made to remedy the situation so as to limit the harm suffered by the User.

No complaints will be accepted regarding lost, damaged or stolen luggage, clothing or personal items under the supervision of the User during the holiday.

Article 6. Liabilities and guarantees

6.1 For use of the reservation page

No guarantee is given the User regarding:

 (i) the absence of anomalies, errors and bugs that might affect browsing on the reservation page or the use of any function offered on the reservation page;

or (ii) the possibility of correcting these anomalies, errors or bugs;

or (iii) the absence of interruption or failure of operation of the reservation page;

or (iv) any compatibility of the reservation page with a particular hardware or configuration.

Constellation® will in no case be liable for direct or indirect and/or intangible, foreseeable or unforeseeable damages (including the loss of profits or opportunity) deriving from the supply and/or use or the complete or partial impossibility of using the functions of the reservation page.

The hypertext links appearing on the reservation page that refer the User to other Internet sites are intended solely to facilitate the User’s searches.

In any case, the User declares that he is familiar with the characteristics and limitations of the Internet, and especially its technical performances, response times for consulting, querying or transferring data, and the risks associated with communication security.

6.2 For Services

In the absence of legal provisions to the contrary, the User acknowledges that, by acting merely as intermediary, Constellation® may in no case have its liability invoked in regard to the contracts for Services which the User may conclude with one or more Partners.

Article 7. Intellectual Property

7.1. General points

The reservation page, its content and all elements constituting it are creations for which the companies in the Constellation® group and/or, as the case may be, the Partners own all the intellectual property rights and/or exploitation rights, especially copyright, database right, trademark right and design right.

The reservation page as well as software, databases, texts, information, analyses, images, photographs, graphics, logos, sounds or any other data contained on the Site remain the exclusive property of companies in the Constellation® group and/or of the Partners or, as the case may be, of their respective owners with whom the latter have signed utilisation agreements.

The User is granted a non-exclusive, non-transferrable right to use, in a private setting, the reservation page and the data contained on the reservation page. The right thus granted consists of (i) a right to consult, on line, the data and information contained on the reservation page and (ii) a right of reproduction consisting of one printing and/or saving of the data and information consulted. This right of utilisation is understood to be solely for strictly private use.

Any other use of the reservation page, especially commercial, by the User is prohibited.  In particular, and non-exhaustively, the User is prohibited from reproducing and/or representing for a use other than private, selling, distributing, issuing, translating, adapting, disseminating and communicating in whole or in part, in any form whatsoever, any element, information or data on the reservation page.

In addition, the User is prohibited from introducing, by any means whatsoever, data likely to modify or infringe on the content or presentation of the reservation page.

Any hypertext link to the reservation page, regardless of its type, must be authorised in advance by Constellation®, acting in the name and on the behalf of the holder of the right in question, in hardcopy or electronic format.

7.2. Software

The use of any downloaded software on the reservation page making it possible to access certain Services or functions is governed by the terms of the license accompanying it.  The User undertakes not to install, copy or use this software without having first accepted the terms of said license.

For any software not accompanied by a license, the User is granted a private, personal non-transferrable and non-exclusive right of temporary use of this software in order to be able, to the exclusion of any other use, to access the Services and functions that make the use of this software necessary. By installing or using this software, the User undertakes to comply with this condition.

Article 8. Personal data protection

The reservation page has been duly declared to the CNIL, under number: pending

The information provided by Users on the reservation page makes it possible to process and fulfil their orders.

In accordance with article 32 of the Information Technology and Freedoms Act of 6 January 1978 amended by law 2004-801 of 6 August 2004, the information essential for processing and filling orders is indicated by an asterisk on the pages of the reservation page.

Other requests for information involving an optional response, or information relating to Users’ interest in offers likely to be sent to them, are intended to better understand them and to improve the services offered to them.

Unless the User objects, Constellation® may communicate this optional information concerning the User to the companies in its group.

Constellation® may send Users information enabling them to better understand and utilise its sites and suggest their Partners’ offers, in strict compliance with the provisions of the law “on trust in the digital economy” and the amended Information Technology and Freedoms Act, subject to the User’s prior consent or objection.

In addition, Constellation® sends information to its insurer relating to the User’s order. This enables Constellation® to combat credit card fraud.

Should an unpaid debt arise because of the fraudulent use of a credit card, the data relating to the order of the User responsible for this unpaid debt will be recorded in a payment incident file established by the insurer and placed under its responsibility.

In accordance with article 6 of the Information Technology and Freedoms Act of 6 January 1978, amended, the User has at all times a right to access, amend, correct and eliminate data concerning him. The User may exercise this right by sending an e-mail to reclamation@enjoyconstellation.com or by sending a letter to Constellation Network – 4, rue Cité Bartissol – 66000 Perpignan, providing proof of his identity.

Article 9. Applicable law

The Terms and Conditions are subject to French law. Any dispute relating to their interpretation and/or execution falls under the jurisdiction of the French courts.

Article 10. Reproduction of articles R. 211-5 to R. 211-13 of the Tourism Code, enforceable by the User against the Service Providers connected to the Constellation® platform.

Art. R. 211-5. – Subject to the exclusions envisioned at the second paragraph (a and b) of article L. 211-8, any offer and any sale of travel or accommodation services gives rise to the issuance of appropriate documents meeting the rules defined under the present title. In the case of the sale of airline tickets or tickets on a regular line not accompanied by services associated with this transport, the vendor provides the buyer with one or more tickets for the entire trip issued by the carrier and under its responsibility. In the case of charter transport, the name and address of the carrier on whose behalf the tickets are issued must be mentioned. The separate billing of the various elements of a single tourist package does not relieve the vendor of the obligations incumbent upon him under the present title.

Art. R. 211-6. - Prior to concluding the contract, and based on a written medium bearing the name of the company, its address, and an indication of its administrative authorisation to operate, the vendor must communicate to the consumer information on the prices, dates and other elements constituting the services provided for the trip or holiday, such as:  1) The destination, means, characteristics and categories of transport utilised; 2) The type of accommodation, its location, comfort level and primary characteristics, its certification and its tourist ranking corresponding to the regulations or customs of the host country; 3) The meals provided; 4) A description of the itinerary in the case of a tour; 5) The administrative and health formalities to be completed, especially in the event of border crossings, and deadlines for their completion; 6) The visits, excursions and other services included in the package or that may be available with a surcharge; 7) The minimum or maximum size of the group required to make the trip or holiday and, if the trip or holiday is conditional on a minimum number of participants, the deadline for informing the consumer if the trip or holiday is cancelled; this date may not be less than twenty-one days before departure; 8) The amount or percentage of the price to be paid in advance upon conclusion of the contract, and the schedule for paying the balance; 9) The conditions for revision of the prices as set forth by the contract pursuant to article R. 211-10; 10) Contractual conditions of cancellation; 11) The cancellation conditions defined at articles R. 211-11, R. 211-12 and R. 211-13; 12) Specifications regarding the risks covered and the amount of the guarantees subscribed under the insurance contract covering the consequences of the professional civil liability of travel agencies and the civil liability of non-profit associations and bodies and local tourist bodies; 13) Information concerning the optional signing of an insurance contract covering the consequences of certain cases of cancellation or an insurance contract covering certain risks, in particular repatriation costs in the event of accident or illness.

Art. R. 211-7. - The advance information communicated to the consumer is binding on the vendor, unless said information includes the vendor’s express reservation of the right to change certain elements thereof. In this case, the vendor must clearly indicate to what extent this change may be made and on what elements. In any case, changes made to the advance information must be communicated in writing to the consumer before the contract is concluded.

Art. R. 211-8. - The contract concluded between the vendor and the buyer must be in writing, in two copies, one of which is given to the buyer, and signed by both parties. It must contain the following clauses: 1) The name and address of the vendor, its guarantor and its insurer, and the name and address of the organiser; 2) The trip’s destination(s) and, in the case of a divided holiday, the various periods and their dates; 3) The means, characteristics and categories of the transports utilised, the dates, times and places of their departure and return; 4) The type of accommodation, its comfort level and its main characteristics, its tourist ranking according to 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 holiday; 8) The total price of the services billed and an indication of any revision of this billing pursuant to the provisions of article R. 211-10; 9) If appropriate, an indication of the charges or taxes applying to certain services such as landing, deplaning or boarding taxes in ports and airports, tourist taxes when they are not included in the price or the services provided; 10) The schedule and methods of payment of the price; the last payment made by the buyer may in no case be less than 30% of the price of the trip or holiday and must be made upon delivery of the documents making it possible to complete the trip or holiday; 11) The Special Terms requested by the buyer and accepted by the vendor; 12) The conditions by which the buyer may file a complaint against the vendor for non-performance or poor performance of the contract, which complaint must be sent to the vendor as promptly as possible, by registered letter with acknowledgement of receipt, and reported in writing to the concerned trip organiser and to the service provider, if any; 13) The deadline for informing the buyer in the event of cancellation of the trip or holiday by the vendor in the event that the trip or holiday is linked to a minimum number of participants, in accordance with the provisions of 7) of article R. 211-6; 14) Contractual conditions of cancellation; 15) The conditions of cancellation set forth at articles R. 211-11, R. 211-12 and R. 211-13; 16) Details concerning the risks covered and the amount of the guarantees under the insurance contract concerning the consequences of the vendor’s professional civil liability; 17) Indications concerning the insurance contract covering the consequences of certain cases of cancellation signed by the buyer (policy number and name of insurer), and concerning the assistance contract covering certain particular risks, in particular the costs of repatriation in the case of accident or illness; in this case, the vendor must deliver to the buyer a document specifying at least the risks covered and the risks excluded; 18) The deadline for informing the vendor in the event the buyer transfers the contract; 19) An undertaking in writing to provide the buyer, at least ten days prior to the scheduled departure date, with the following information: a) The name, address and telephone number of the vendor’s local representative or, failing this, the names, addresses and telephone numbers of the local bodies likely to provide aid to the consumer in the case of difficulty; b) For trips and holidays abroad by minors, a telephone number and address allowing direct contact with the child or the responsible party at the site of his holiday.

Art. R. 211-9. - The buyer may assign his contract to an assignee who meets the same conditions as he for taking the trip or holiday, so long as the contract has not yet produced any effect. Without prejudice to a stipulation more favourable to the assignor, the latter is required to inform the vendor of his decision by registered letter with acknowledgement of receipt no later than seven days before the start of the trip. In the case of a cruise, this period is increased to fifteen days. This assignment is in no case subject to prior authorisation by the vendor.

Art. R. 211-10. - When the contract includes an express possibility of price revision, within the limits set by article L. 211-13, it must state the precise method of calculation, both upward and downward, of the price variations, and in particular the amount of the transport costs and associated taxes, the currency or currencies that may impact the price of the trip or holiday, the part of the price to which the variation applies, the exchange rate of the currency or currencies taken as reference in setting the price appearing in the contract.

Art. R. 211-11. - If, before the buyer’s departure, the vendor finds itself forced to make a change in one of the essential elements of the contract such as a significant increase in the price, the buyer may, without prejudice to the right of recovery for any damages suffered, and after having been informed by the vendor by registered letter with acknowledgement of receipt:  - either terminate his contract and obtain immediate reimbursement of the amounts paid, without penalty; or accept the change or the replacement trip suggested by the vendor; a rider to the contract specifying the changes made is then signed by the parties; any amounts still owed by the buyer are deducted from any reduction in price and, if payment already made by the buyer exceeds the price of the modified service, the overpayment must be returned before the departure date.

Art. R. 211-12. - In the case envisioned at article L. 211-15, if, before the buyer’s departure, the vendor cancels the trip or the holiday, it must inform the buyer by registered letter with acknowledgement of receipt; the buyer, without prejudice to his right to recovery for any damages suffered, obtains from the vendor immediate reimbursement of the amounts paid, without penalty; in this case, the buyer receives compensation at least equal to the penalty he would have borne if the cancellation had been made by him at that date. The provisions of the present article in no case preclude the conclusion of an amicable agreement regarding acceptance by the buyer of a replacement trip or holiday suggested by the vendor.

Art. R. 211-13. - If, after the buyer’s departure, the vendor finds itself unable to provide a preponderant portion of the services called for in the contract and representing a non-negligible percentage of the price honoured by the buyer, the vendor must immediately take the following measures, without prejudice to the right of recovery for any damages suffered: - either offer services to replace the services called for, bearing any price surcharge, and, if the services accepted by the buyer are of lesser quality, the vendor must reimburse him upon his return for the difference in price; or, if the vendor is unable to offer any replacement service, or if such services are rejected by the buyer for valid reasons, provide to the buyer, with no price surcharge, tickets to ensure his return under conditions that can be deemed equivalent to the place of departure or to some other place accepted by both parties.”

Article 12. Final provisions

The fact that Constellation® does not invoke at a given time one of the provisions of the Terms and Conditions may not be interpreted as its waiving the right to invoke one of these provisions at a later date.

In the event that one of the provisions of the Terms and Conditions is declared null and void, this provision will be considered not to have been written, without this affecting the validity of the other provisions, unless the provision declared null and void was essential and determining.

Any case of force majeure suspends the obligations hereunder affected by the case of force majeure and relieves the party who should have performed the obligation thus affected of any liability.

This English translation is provided as an indication. In case of inconsistency, the French version of this document (available here) will be the only version governing your relation with us.


 

 

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