GENERAL TERMS OF SALE TRAVELS AND STAYS

Decree No. 94-490 of June 15, 1994 made under section 31 of Act No. 92-645 of 13 July 1992 laying down the conditions for conducting activities related to the organization and sale of travel or accommodation 

 

Art.95. - Subject to the exclusions in the second paragraph (a and b) of Article 14 of the Law of 13 July 1992, any offer and sale of travel and holiday services give rise to the delivery of appropriate documents meeting the rules defined by this title. In case of sale of air tickets or tickets on 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. The separate billing of various components of a package does not release the seller from obligations made to him by this title. 

Art.96. - Prior to the conclusion of the contract and on the basis of a written document bearing its name, address and indication of its administrative authorization to operate, the seller must provide the consumer with price information, dates and other elements constituting the services provided during the journey or holiday such as: 

1. The destination, means, characteristics and categories of transport used;

2. The accommodation, its location, level comfort and its main features, its 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. The administrative and health formalities to be completed in the event,

including border crossing 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 size or maximum of the group for the trip or stay and, if the journey or stay is subject to a minimum number of participants, the date for informing the consumer in case of cancellation of the trip or stay ; this date can not be set at 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 terms of price revision as provided by the contract in application of article 100 of this decree;

10. The conditions of contractual cancellation;

11. Cancellation defined in Articles 101, 102 and 103 below;

12. The details concerning the risks covered and amount of cover taken out under the insurance contract covering the consequences of professional civil liability of travel and liability agencies associations and non-profit organizations and local tourism organizations;

13. The information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks including costs of repatriation in case of accident or illness.

Art.97. - Prior information given to the consumer binds the seller, unless in it the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent these changes may occur and what elements. In any event, the changes made to the prior information must be communicated in writing to the consumer before the contract is concluded.

 

Art.98. - The contract between the seller and the purchaser must be written, in duplicate, one of which is delivered to the buyer, and signed by both parties. It must include the following clauses:

1. The name and address of the seller, its guarantor and insurer and the name and address of the organizer;

2. The destination or destinations of the journey and, if split 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 its 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 holiday;

8. The total price of services invoiced and the indication of any possible revision of this invoicing under the provisions of Article 100 below;

9. The indication, s ‘necessary, of fees or taxes related to certain services such as landing taxes, embarkation or disembarkation at ports and airports, tourist taxes when they are not included in the price or services provided;

10. The timing and terms of payment; in any event, the last payment made by the purchaser can not be less than 30 percent. 100 of the travel or stay price and 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 vendor;

12. The manner in which the buyer may refer to the seller a complaint for non- performance or improper performance of the contract, which complaint must be 

sent as soon as possible by registered letter with acknowledgment of receipt to the seller, and notified in writing, possibly, to the travel organizer and the service provider concerned;

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, 7o accordance with Article 96 above; 

14. contractual terms of cancellation;

15. The cancellation policy provided for in Articles 101, 102 and 103 below;

16. Details of the risks covered and the amount of coverage under the insurance contract covering the consequences of professional civil 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 costs of repatriation in case of accident or illness; in this case, the seller must provide the purchaser with a document specifying at least the risks covered and the risks excluded;

18. The deadline for informing the seller in case of transfer of the contract by the buyer;

19. The commitment to provide in writing to the buyer, at least ten days before the scheduled departure, the following information:

* name, address and telephone number of the seller’s local representative or, failing that, the names, addresses and telephone numbers of local organizations likely to help the consumer in case of difficulty, or, failing that, the telephone number to establish urgently a contact with the seller;

* for travel and stays of minors abroad, a telephone number and address enabling direct contact with the child or the person’s place of residence.

Art.99. - The purchaser may transfer his contract to a transferee who fulfills the same conditions as him for the trip or stay, as long as the contract has no effect. Unless more favorably stipulated to the transferor, it is must inform the seller of his decision by registered letter with acknowledgment of receipt no later than seven days before the trip. When it is a cruise, this period is extended to fifteen days.

This transfer is not subject, in any case, prior authorization of the seller.

Art.100. - When the contract includes an express possibility of price revision, within the limits laid down in Article 19 of the Law of 13 July 1992, it must mention the precise means of calculation, Both upward and downward price fluctuations, in particular the amount of transport costs and related taxes, the currency or currencies that may affect the price of the journey or holiday, the share price at which the variation applies, the course of the currency or currencies used as a reference when establishing the price stated in the contract.

Art.101. - When, before the departure of the buyer, the seller is forced to make a change to one of the essential elements of the contract such as a significant price increase, the purchaser may, without prejudice to recourse compensation for any damages suffered, and after having been informed by the seller by registered letter with acknowledgment of receipt:

- Either terminate the contract and obtain without penalty the immediate reimbursement of all sums paid

- either accept the change or replacement trip proposed by the seller; a rider to the contract specifying the changes made 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.

Art.102. - In the case provided for in Article 21 of the Act of 13th July 1992, when, before the departure of the purchaser, the seller cancels the trip or stay, he must inform the buyer by registered letter with acknowledgment; the buyer, 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 made of her at that date.

The provisions of this article do not in any way prevent the conclusion of an amicable agreement for the acceptance by the purchaser of a replacement travel or stay proposed by the seller. 

Art.103. - When, after the departure of the buyer, 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 for compensation for any loss suffered: 

- either offer services to replace the benefits provided services bearing any additional charge and, if the services accepted by the buyer are of inferior quality, the seller must refund upon his return, the price difference;

- or, if he can not offer any replacement service or if these are refused by the purchaser for valid reasons, provide the purchaser, at no extra charge, of tickets to ensure his return in conditions that can be considered equivalent to the place of departure or to another place accepted by both parties.

art. 105, conditions of cancellation: the sums due - except non-refundable deposit - and excluding services provided by a third company with specific cancellation conditions (such as airlines or hotels for example), are stated below:

more than 180 days before the departure: 10% of expenses of files per person; Insurances non-refundable; boat expenses for cruises non-refundable.

between 179 days and 90 days before departure: 25% of the amount of the trip;

between 89 days and 60 days before departure: 40% of the amount of the trip;

between 59 days and 31 days before departure: 75% of the amount of the trip;

between 30 days and 15 days before departure: 90% of the amount of the trip;

less than 15 days before departure: 100% of the amount of the trip (file fees included in this amount);

SPECIFIC TERMS OF SALE TRAVELS AND STAYS

Extracts from the decree n ° 94/490 of June 15, 1994 taken in application of article 31 of the law n ° 92645 of July 13, 1992 fixing the conditions of exercise of the activities in the organization and the sale of trips or stays

 

Registration

Registering for one of our trips implies your acceptance of our general and special conditions of sale. Your registration request must be made by means of the registration form accompanied by the deposit specified in the travel technical sheet. It is only after receipt of your payment that your reservation will be confirmed, and to the extent of the places available. We will then send you a booking confirmation which will be worth the contract (see § Cancellation).

The balance must be paid 60 days (90 days for Heliskiing and “Sea and Mountain” trips : see special conditions) before the departure date, without reminder from us. If the balance of the trip has not reached the requested date, you will be deemed to have canceled your reservation. In the event of registration within one month of departure, the full amount of the payment which will be requested during registration.

Price

All the prices for our trips are per person, based on two people sharing a room or cabin. The fact sheets for each trip detail what is included and what is not. Generally speaking, drinks and personal equipment are never included in the price. The prices and information provided are established during the summer. In accordance with the limits set by article 19 of law n ° 92-645 of July 13, 1992 and article 100 of the decree of June 15, 1994, prices may be changed without warning in order to take account of exchange rate variations and price increases by our service providers, no later than 30 days before the scheduled departure date, and this change will not constitute a cancellation condition. 

 

Cancellation or modification of a participant

Each participant can cancel their trip at any time. This cancellation must be made in writing (letter or email) with acknowledgment of receipt. It is taken into account on the day of its reception. The deposit is never refundable. Your withdrawal within 60 days (90 for Heliskiing and “Sea and Mountain” trips) will result in the retention of 100% of the trip price, unless you find a replacement. Any air ticket issued is due, as well as the amount of the insurance premium. Failure to appear at the meeting on the day of departure for any reason does not give rise to any refund.

Any trip interrupted or shortened by the participant for any reason whatsoever, does not give rise to any refund. Any request to modify the basic program (change of dates, accommodation, request for special service not included) requires an additional charge. Within 60 days, a modification is considered a cancellation and may result in the application of the cancellation conditions.

 

Responsibility

You are required to comply with police and health regulations and formalities at all times during the trip. The information is provided for information only and cannot engage our responsibility. Failure to comply with these regulations, the impossibility of presenting documents in order on the day of departure, any delay (even resulting from pre-routing by air, rail or land of which we are not a supplier), implies your sole responsibility and the costs incurred will remain your responsibility. Each participant is aware that there are risks due to the particular nature of our stays in the mountains, to the activities practiced, to the means of transport used to access them and to the distance from the medical centers, and assumes them in his name and for its beneficiaries with full knowledge of the facts. In all circumstances, the participant must comply with the advice and instructions given by the supervising professional, and will bear sole responsibility for the consequences of a careless personal initiative. The management remains the sole judge during the stay of the need to modify the program depending in particular on weather and mountain conditions, the shape of the participants and their technical skills. A participant whose behavior or level deemed too low would endanger the safety of the group or the well-being of the participants may be excluded at any time. No compensation would be due.

Insurance

It is imperative to be covered by medical insurance - mountain rescue - repatriation - civil liability to participate in our trips. We strongly advise you to check your personal insurance and assistance contracts, which must in particular include the following guarantees:

- the specific destination of your trip;

- apply to sports recreation and cover the practice of skiing in all its forms;

- provide sufficient cover for emergency costs.

If you do not subscribe to it through us, we will ask you to provide us with the guarantees and contact details for your own insurance. If your personal assistance contract does not include sufficient guarantees, the entire costs incurred will remain your responsibility.

 

Cancellation or modification of program

To ensure the smooth running of our programs, a minimum number of participants (as specified on the travel technical sheet) as well as a number of conditions on site are necessary. If these conditions are not met, we will try to find an alternative. If this proves impossible, we reserve the right to cancel the program at least 21 days before departure. Until the last minute, a cancellation may take place in imposed circumstances and beyond our control. In these cases of cancellation, registrants will be fully reimbursed without further compensation. We cannot be held responsible and liable for any compensation in the event of a change of date, schedule or itinerary, in particular if these changes result from unforeseen events or from imperative circumstances involving the safety of travelers.

 

Baggage

During air transfers, your luggage is the responsibility of the airline. Any dispute during these transfers must be dealt with directly between the customer and said carrier. For the rest of the trip, your luggage remains under your own responsibility.

Personal equipment and qualifications

It is imperative to use good quality equipment and in good condition, any repair or replacement being problematic in the sometimes remote regions where our stays take place. You must be able to navigate off-piste terrain safely and efficiently, even under variable snow conditions. It is up to the participant to assess that he has the level of skiing required for your trip.

Litigation

Any claim relating to the trip must be sent to us within 20 days of the return date by registered letter with acknowledgment of receipt.

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PowderWeGo® is a trademark, owned by Mr Boris Malesset.

Boris Malesset's trade register number is: 487 751 646

PowderWeGo® relies among others on TopSki to promote travels.

TopSki (Les Andes-Av. Olympique, BP 35, 73151 Val d’Isère - +33651665853 - info@topski.fr) is a French Association, law of 1901. 

PowderWeGo® relies on travel agency partners to sell flights - accommodation - catering - transfers - vehicle rentals.

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