General conditions of sales

General conditions of sales | Mediterraneans Prestige's specific terms of salee

Article 95 : Subject to the exclusions foreseen in the second paragraph (a and b) of Article 14 of the aforementioned 13th July 1992 law, every offer or sale of trips or stays result in the furnishing of the appropriate documents which meet the rules and regulations defined herein. Should plane tickets be sold without the benefits furnished by this mode of transportation, the seller will furnish the buyer with one or more tickets for the duration of the trip provided by the carrier or authorized representative. In case of immediate travel requests, the name and address of the carrier issuing the tickets must be noted. Separate invoicing of various parts of one tourist package does not exclude the salesperson from the obligations applicable to him under the present contract.

Article 96 : Prior to the conclusion of the contract and on the basis of a written copy reflecting the company name, address, and the proper permits, the sellor must provide the buyer with the proper information regarding prices, dates and other important information concerning the trip or stay, such as:
1) destination, means, characteristics, and categories of transportation;
2) type of lodgings, location, level of comfort and main features, official rating, and tourist rating according to the regulations of the host country;
3) meals provided;
4) description of itinerary when involving an organized tour;
5) administrative and hygienic formalities with which to comply especially if crossing a border as well as possible delays which could be encounterd at crossing;
6) any visits, excursions or other services included in the price of the trip or short break or otherwise available for an extra fee;
7) size minimum or maximum of group needed for trip or stay, as well as the deadline for cancellation should the trip be limited to a minimum amount of person in order to take place; this date cannot be any less than 21 days before departure;
8) amount or percentage of price to be paid as a deposit at the conclusion of the contract, as well as date of payment for balance due;
9) methods for revising price changes as per Article 100 under the present contract;
10) conditions of cancellation of contractual nature;
11) conditions of cancellation as defined in ARTICLES 101, 102, and 103 herunder;
12) details concerning the risks covered and the sums of guarantees taken out by insurance contract which cover any consequences of the civil professional responsibility of the travel agencies, and the civil responsibility of associations and non-profit organizations and local tourist organizations;
13) information concerning the option of an added insurance policy covering you in certain instances of cancellation, or assistance contract which covers specific risks such as repatriation on medical grounds;

ARTICLE 97 : The preliminary information made available to the consumer binds the sellers unless they have specifically reserved the right to modify certain aspects of their offer. The seller, in this instance, clearly point out how this modification could intervene and which elements it would affect. Whatever the reason, the buyer must be informed in writing of any changes to the preliminary information prior to the conclusion of the contract.

ARTICLE 98 :The final contract between the seller and the buyer must be in writing, in duplicate, and signed by both parties so that the buyer can keep a copy. It must also include the following clauses:
1) name and address of seller, its guarantor, and its insurer, as well as the name and address of organizer;
2) destination(s) of trip, and, in case of a staggered trip, the different periods and their corresponding dates;
3) means, characteristics and types of transportation used, dates, times and departure and return points;
4) type of lodgings, location, level of comfort and main features, official rating, and tourist rating according to the regulations of the host country;
5) number of meals provided;
6) itinerary when involving an organized tour;
7) Any visits, excursions or other services included in the price of the trip or short break;
8) The overall price for any services provided which are billed, as well as an indication of any possible changes to the final price in accordance with the provisions of Article 100 to follow;
9/ ) If applicable, necessary indication of any rental charges or taxes relating to particular services such as landing, disembarking, or boarding charges for ports and airports, or any holiday taxes when these are not included in the price or do not make up part of the inclusive services provided;
10) The calendar and payment methods, in every instance, the last payment by the buyer cannot be any less than 30% of the price of the trip or stay, and must be made upon delivery of the appropriate documentation about the trip or stay;
11) specific terms and conditions set forth by seller and met by buyer;
12) terms according to which the buyer can file a complaint against the seller for breech of contract or inadequate fulfillment of the contract. Complaints should be filed as soon as possible, by registered letter, return receipt requested, as well as be reported in writing to the trip organizer and the group who were responsible for the services concerned;
13) deadline for information to the consumer in case of cancellation of the trip or stay by the sellor due to lack of participants, according to the provisions in paragraph 7 of ARTICLE 96 above;
14) conditions of cancellation of contractual nature;
15) conditions of cancellation as defined in ARTICLES 101, 102, and 103 herunder;
16) details concerning the risks and the amount of guarantees under the the insurance contract covering the civil professional liabilities of the sellor;
17) details concerning the insurance contract covering certain cases of cancellation policies of the buyer (policy number and name of insurer), as well as details concerning certain risks incurred such as cost of repatriation on medical grounds; in such a case, the seller must furnish to all buyers a document underlining at least the covered and uncovered risks;
18) deadline of information for seller should buyer break the terms of the contract;
19) written commitment provided for the buyer to be received at least 10 days prior to the planned departure date, containing the following information:
a) name, address and telephone number of the salespersons local representative or, at least the name, address and phone numbers of local organisations who can help the consumer in case of difficulty, or a telephone number where seller can be reached in case of an emergency;
b) for trips or stays abroad involving minors, an on-site telephone number and an address should be supplied where direct contact can be made with the child or with the person responsible for that child.

ARTICLE 99 :Buyers can transfer their contracts under the same conditions for transferee in order to proceed with the trip or stay as long as there are no problems with the contract. Without stipulation to the assignor the seller must be informed in writing by registered mail return receipt requested, at the latest seven days prior to departure. In case of a cruise, this time limit is shortened to fifteen days. This transfer is not in any instance subject to preliminary authorisation by the seller.

ARTICLE 100 : When the contract comprises possible changes to the price, within the limits foreseen in Article 19 of the aforementioned 13th July 1992 law, the specific terms of calculation for the maximum and minimum variations in price must be mentioned, in particular the cost of transportation and the taxes related to it, the currency or currencies which could influence the price of the trip or stay and affect the price the variation as well as the exchange rate of the currency or currencies applicable when the price is being calculated for the contract.

ARTICLE 101 : When, before the departure of the buyer, the seller is forced to change an essential part of the contract which causes a significant rise in the price, the buyer having been informed in writing by registered mail return receipt requested can either :
- terminate the contract and obtain an immediate refund without penalty of all moneys deposited;
- or accept the change or substitute trip offered by the seller; an addendum to the contract specifying the changes is then signed by both parties; any decrease in price will be applied toward the remaining balance owed to the seller, and if the payment which has already been settled by the buyer, exceeds the new revised price, the difference will be reimbursed prior to the departure date.

ARTICLE 102 : In the instance forseen in Article 21 of the aforementioned 13th July 1992 law, should the seller cancel the trip and stay prior to the buyer's departure, the buyer must be informed in writing by registered mail return receipt requested; the buyer, without prejudging the eventual damages, will obtain an immediate refund of the amount paid without penalty; in this case the buyer receives the compensation of an amount at least equal to the penalty which would have been incurred should he have instigated the cancellation. The arrangements of the present ARTICLE do not in any way obstruct the buyer from accepting a substitute trip or stay offered to them by the seller in the case of an amicable agreement.

ARTICLE 103 : When, after the departure of the buyer, the seller is unable to fullfill a major part of the services promised in the contract, which represent a non-negotiable percentage of the paid price by the buyer, the salesperson must take the following measures immediately, without prejudging the appeals for damages:
- either offer benefits as a replacement and, support any eventual price supplement and, if the benefits accepted by the buyer are of an inferior quality, the seller must refund the difference in price upon their return;
- or, if no replacement service can be offered, or if those offered are refused with good reason by the buyer, without any supplement in price the salesperson should ensure the buyer's return to the departure point or another point accepted by both parties, in a manner judged equivalent to the original travel plan.

Return to the menu

Mediterraneans Prestige's specific terms of salee

1/ The price of the trip or stay is to be communicated imperatively to the customer by Mediterranean Prestige at the time of booking. No claims concerning the price of the trip may be taken into consideration on return from the holiday. It is therefore the customer's responsability to decide whether he agrees with the stated price before departure. The prices shown in the brochure do not include visitor's taxes. When applicable, these will be paid by the customer directly on site and are not subject to reimbursements of any kind.

2/ Booking and payment

The down payment payable at the time of the booking is fixed at 50 % of the total cost of the trip or stay. The balance must be paid 21 days before the departure. Customers who will not have paid the balance at the agreed date will be considered as having cancelled their trip or stay and loose the down payment previously paid.

Late bookings : Mediterranean Prestige reserves the right to invoice additional administrative expenses ( telex, telephone, etc ) incurred for bookings made less than 8 days before departure.

3/Cancellation

1 - In case of cancellation by the customer, the amount retained will be as follows:

- over 30 days before departure : 25 % of the total price
- 30 to 21days before departure : 35 % of the total price
- 20 to 7days before departure : 70 % of the total price
- less than 7 days before departure or non-appearance : 100 % of the total price.

Cancellation fees may be covered by taking out a cancellation insurance with Mediterranean Prestige. Mediterranean Prestige must be notified of the cancellation by fax, telegram or registered letter. The cancellation date taken into account will be the date of receipt of the above-mentioned document.

2- By Mediterranean Prestige

Should Mediterranean Prestige be forced to cancel any trip or stay, the customer will be offered substitute services of equivalent value. In the event of his refusing, the customer will get the total refund of all payments previously settled, plus, a compensation equivalent to the penalty he would have supported if he had instigated the cancellation at the same time.

However, if the cancellation made by Mediterranean Prestige results from exceptional and serious circumstances " force majeure ", or from reasons involving the customer's safety, the customer will not be entitled to any compensation.

In the same way, if the required number of participants as stipulated in our brochures is not achieved within 21 days preceding the beginning of our programmes, the customer will not receive any compensation.

4/ Holiday abandon

The customer will not be entitled to any compensation or reimbursements if he should shorten or interrupt his trip or stay for any reason whatsoever ( including strikes, repatriation fo medical reason etc ). No reimbursement will be made for non-use of the services ordered without prior cancellation.

5/ Insurance

According to revelant regulations, Mediterranean Prestige has taken out a Civil Professional Responsibility Insurance. Its guarantees cannot, however, substitute for the guarantees of a Civil Personal Responsibility Policy. With the aim of protecting you to the best of our abilities from incidents and accidents which can arise before or during your trip, we have purchased a global contract "Assistance, Repatriation, Reimbursement of cancellation expenses" ( 4 % of the total price ). This insurance invoiced when you register is not mandatory.6/ Disputes and claims

All claims relating to trips or stays must be formulated in writing and addressed by registered mail to Mediterranean Prestige as soon as possible and not later than thirty days after the customer's return from the holiday. The High Court Sitting in Commercial Matters will deal with any dispute in Cannes.

Return to the menu