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TITLE VI - Decree no 94-490 on 15 June 1994 implements article 31 of law no. 92-645 of 13 July 1992, which establishes the conditions regulating the practice of business pertaining to the organisation and sale of travel and vacations. 

CONCERNING THE SALE OF TRAVEL OR VACATIONS
Art. 95. - Under the exclusions outlined in the second paragraph (a and b) of article 14 of the aforementioned law of13 July 1992, all sale of travel services require the submission of pertinent documents that correspond to the rules defined in the current title.  In the event that tickets for air travel or bus lines are sold without service linking to these forms of transport, the seller must give the customer one or several tickets of passage for the totality of the trip provided by the transportation provider or its partners.  In the event that travel services are requested, the name and address of the transportation provider from which the tickets are issued must be mentioned.   Separate billing for different services for the same tourist package does not absolve the vendor from the obligations of the current title. 
 

Art. 96. - Prior to the closing of the contract and on the basis of written proof, stating the seller's company name, address, and proof of administrative authorisation, the seller must inform the consumer of all information regarding the price, dates, and other elements relevant to the travel services provided, such as:

1o The destination, the means and the characteristics of the types of transportation used;
2o The type of lodging, its location, comfort level, principal characteristics, certification and tourist classification in conformity with the regulations or practices of the destination country;
3o Meals provided;
4o The description of the itinerary if the trip is a tour/circuit;
5o The administrative and sanitary procedures required, especially in the case of travel across national borders, and the time needed for their completion;
6o Any visit, excursions and other services included in the package or that are available for a supplemental fee;
7o The minimum or maximum group size permitted on the vacation, or, if the trip is subject to a minimum number of participants, the customer's deadline for providing information in case of trip cancellation.
This date cannot be set less than 20 days before the start date of the trip.  
8o The total or percentage of the price that must be paid as a deposit at the time of the reservation as well as a timetable for balance payment;
9o The conditions of price changes such as those outlined in the contract, under 100 of the current decree;
10o The conditions for cancellation of a contractual nature;
11o The conditions for cancellation defined in articles 101, 102 and 103 hereunder;
12o Details concerning the risks covered and the list of guarantees provided in the insurance contract that cover the consequences of the professional public liability of travel agencies and the public liability of non-profit companies and organisations and local tourist organisations;
13o Information concerning the optional agreement to an insurance contract that covers the consequences in certain cases of cancellation, or an assistance contract covering certain risks, in particular the repatriation cost in case of accident or sickness.   

Art. 97. - Preliminary information provided by the customer commits the seller, unless the seller has the express right to modify certain elements.  The seller must, in this case, clearly indicate the impact these modifications will have in regards to which elements.
In all circumstances, modifications to the information provided must be communicated in writing to the customer before closing the contract. 
 

Art. 98. - The signed contract between the seller and the customer must be written and provided in duplicate, with one copy given to the customer, and signed by both parties.  It must include the following clauses:

1o The name and address of the seller, their  guarantor and insurer, as well as the name and address of the organiser;
2o The destination or destinations of the voyage and, in case of non-continuous stay, the different time periods and their dates;
3o The means, characteristics, and categories of transportation used, the dates, hours, and place of departure and return;
4o The type of lodging, its location, comfort level, principal characteristics, certification and tourist classification in conformity with the regulations or practices of the destination country;
5o The number of meals provided;
6o The description of the itinerary if the trip is a tour/circuit;
7o Any visits, excursions and other services included in the price of the travel package;
8o The total price of services billed as well as indication of any possible changes in the bill in accordance with the provisions of article 100 hereunder;
9o Indications, if any, of any rental fees or taxes pertaining to certain services such as landing, takeoff, or boarding fees at ports or airports, tourist taxes whenever they are not included in the price of services provided;
10o The timetable and methods of balance payment; in all events, the last payment made by the buyer cannot be less than 30% of the price of the voyage/vacation, and must be carried out at the time of the submission of documents authorising the trip.
11o Particular conditions requested by the buyer and accepted by the seller;
12o The methods by which the buyer can file a complaint with the seller for lack of execution or poor execution of the contract.  The complaint must be addressed as soon as possible by certified mail with a notice of receipt by the seller, and possibly reported in writing to the trip organiser and the service providers in question;
13o The deadline for the customer to provide information in case of trip cancellation, in the event that the trip is subject to a minimum number of participants, in accordance to the conditions of 7o of article 96 hereunder:
14o The conditions of cancellation of a contractual nature;
15o The conditions of cancellation defined in articles 101, 102 and 103 hereunder;
16o Details concerning the risks covered and the list of guarantees provided in the insurance contract that cover the consequences of the professional public liability of the seller; 
17o Guidelines concerning the insurance contract covering the consequences in certain cases of cancellation by the customer (police number and insurance provider), as well as those concerning the assistant contract covering specific risks, in particular the repatriation fee in case of accident or sickness.  In these cases, the seller must give the buyer a document detailing at least the risks covered and risks excluded;
18o The deadline for information by the seller in case of a transfer of the contract by the customer;
19o The promise to provide at least 10 days before the planned day of departure the following information to the customer in writing:
a) The name, address and phone number of the local representative of the seller, or, if not available, the names, addresses, and phone numbers of local organisations available to aid the customer in case of any difficulty, or, barring that, a phone number to contact the seller in case of emergency;
b) For all voyages or stays abroad by minors, a phone number and address allowing direct contact to the child or chaperone at the vacation site.

 

Art. 99. - The buyer can transfer his/her contract to a transferee who fulfils the same conditions as he/she for the trip planned, as long as the contract has not produced any effects. 
Without stipulations that favour the transferor, the latter must inform the seller of his/her decision by certified mail with a receipt of reception at least 7 days before the start of the trip.  In the event that the voyage in question is a cruise, the seller must be informed at least 15 days in advance.  This transfer does not require the prior authorisation by the seller under any circumstances.

 

Art. 100. - If the contract expressly provides the possibility for a price revision, in accordance to the conditions stated in article 18 of the aforementioned law of 13 July 1992, it must also state the exact methods of calculation for either an increase or decrease, price variations, particularly the cost of transportation fees and pertinent taxes, any currency or currencies that might affect the price of the trip, which part of the price is subject to change, and the value of the currency or currencies kept as reference at the time of fixing the price listed in the contract.
 
Art. 101. - If, before the customer's departure, the seller finds that one of the essential elements of the contract must be adjusted such that there is a significant increase in price, the customer can, without taking into account an appeal for redress of possible damage sustained, and after being informed by the seller by certified mail with receipt of reception:

-refuse the contract and receive an immediate refund of the balance paid without penalty;
-accept the modification or a substitute vacation suggested by the seller; a codicil to the contract detailing the modifications made will then be signed by both parties.  Any decrease in price will be deducted from the remaining balance left to be paid.  If the amount already paid by the customer exceeds the price of the modified package, the overpayment will be refunded to the customer before his/her departure. 

 

Art. 102. - In the case as described in article 21 of the aforementioned law of 13 July 1992, when, before the departure of the customer, the seller cancels the trip, he must inform the customer by certified mail with receipt of reception; the customer, without taking into account an appeal for redress of possible damage sustained, will receive an immediate refund of the balance paid without penalty from the seller.  The customer, in this case, will receive an indemnity equal to at least the penalty he would have paid if he had requested a cancellation on that date.
The conditions of the current article do not, under any circumstances, discourage a friendly agreement between the concerned parties in which the seller may offer the customer a replacement travel package. 
  

Art. 103. - If, after the customer's departure, the seller is unable to provide a predominant part of the services agreed upon in the contract that constitutes a substantial percentage of the price paid by the customer, the seller must immediately follow the conditions below, without taking into account an appeal for redress of possible damage sustained:
-propose a replacement for the services agreed upon and taking responsibility for any possible price increases.  If the services accepted by the customer are of inferior value, the seller must reimburse the difference in price upon the customer's return;

- if the seller cannot offer a new vacation package, or if the proposed replacement is refused by the customer for valid reasons, the seller must provide the customer with tickets that can be considered equivalent to what was paid for at no extra cost to ensure their return to the departure site or to another destination agreed upon by both parties.

 

Art. 104. - The conditions of articles 95 to 103 of the current decree must be printed on the brochures and voyage contracts provided by the persons mentioned in article 1 of the aforementioned law of 13 July 1992.
To consult the complete text of Decree no. 94-490 of15 July1994
http://www.legifrance.gouv.fr/WAspad/UnTexteDeJorf?numjo=EQUZ9400783D

CONDITIONS FOR CANCELLATION
Cancellation/Changes:
Any cancellation or change must be made by certified mail with a receipt of reception.  The date by which the letter arrives at O'Hara Vacances will be considered the effective date.  In case of cancellation/modification, the following fees will be retained: (not including the 25€ booking fee).
- More than 45 days before departure : 25 € de frais
- Between 45 days and 30 days before departure: 25% of total price.
- Between 29 days and 15 days before departure: 50% of total price.
- Between 14 days and 8 days before departure: 75% of total price.
- Between 7 days and 2 days before departure: 90% of total price.
- Less than 2 days before departure: 100% of total price.