PREAMBLE
Purpose
The purpose of these General Terms and Conditions (hereinafter, the "GTC") is to establish the respective rights and obligations of the company Belambra Clubs & Hôtels® and its contractual relations regarding the sale of so-called Stays of private individuals (hereinafter "Stay(s) of Private Individual(s))") in Belambra Clubs & Hôtels® Establishments (hereinafter “the Establishment(s)") to the Customer (in their capacity as a consumer within the meaning of the French Consumer Code - hereinafter "the Customer(s)"). Any reservation implies the Customer's full acceptance of the GTC which take precedence over any other document. These GTC apply to all consumer Customers. The applicable GTC are those in force on the day of purchase of the Stay of Private Individuals.
Organiser
The GTC are published by Belambra Clubs SAS with capital of 10,000,000 Euros, registered in the Nanterre Trade and Companies Register under number 322 706 136, whose head office is located at 63, Avenue du Général Leclerc 92340 Bourg-La-Reine, recorded in the Registre des Opérateurs de Voyages et de Séjours Atout France under number IM092120049. Financial guarantee:
Groupama Assurance-Crédit & Caution, 8-10, Rue d’Astorg 75008 Paris,
Policy No. 40007144767
Professional Civil Liability Insurance: AXA France IARD SA, 313, Terrasses de l'Arche 92727 Nanterre Cedex, Policy n° 3310485904
Intracommunity VAT number: FR26322706136
Reservations Department: Tel. +33 (0) 1 46 10 13 14 Resaindividuals.Dc@belambra.fr
Concept of tourist package
The Stay of Private Individuals meet the definition of “tourist package” within the meaning of article L.211-2 II of the French Tourism Code, resulting from directive (EU) 2015/2302, when they are sold by Belambra Clubs & Hôtels® as a combination with tourist services worth more than 25% of the total package amount or advertised as an essential feature of the package.
In such a scenario, the conditions relating to the organisation and sale of such tourist packages are determined by the Tourism Code and in particular by articles L. 211-1 et seq. and R. 211-1 et seq. of the said Code, reproduced in article 19 of the CGV.
1. SERVICES AND RESERVATIONS
The constituent elements of the services provided during our Stays are determined in our catalogues and on our website. Tourist information relating to activities not offered as part of the Stay of Private Individuals is given for general information. Example: communal swimming pool, ice rink or thermal establishment nearby but independent of the Establishment. To find out the opening dates of these sites and activities and to obtain additional information, it is necessary to contact the companies or Establishments themselves managing these activities not offered by Belambra Clubs & Hôtels® as part of the Stay of Private Individuals.
Reservation and payment for Stays
The Stay of Private Individuals can be booked either via our website or by calling the Reservations department on +33 (0) 1 46 10 13 14.
Please note that the purchase of tourist services on a specific date or period does not benefit from the fourteen (14) day withdrawal period applicable to distance selling in accordance with article L. 221-28 of the French Consumer Code.
Except for our hotels “Le Domaine du Normont”, “Magendie” and “Villemanzy” your reservation request must be accompanied by a deposit for 30% of the price including tax of the stay and 100% of the administration and insurance costs if such is taken out, and reach us within 72 hours of your reservation. Your reservation will only become final after payment of your deposit. The balance of the price must be paid no later than thirty days before the departure date according to the terms described below.
PLEASE NOTE: if we have not received your payment of the balance by these deadlines, we will consider that you have cancelled your reservation and we will put the corresponding services back on sale. In addition, the cancellation conditions for the Stay of Private Individuals concerned will be applied to you.
Upon receipt of your deposit, a reservation confirmation will be sent to you specifying the balance remaining to be paid (hereinafter the “Reservation Confirmation”). Each payment must be accompanied by the file reference appearing on your Reservation Confirmation. As soon as the Stay has been fully paid, an e-Stay confirmation containing all the information about your destination will be sent to you (hereinafter the “Stay Voucher”). Any person arriving at a place of Stay without having first paid the full price will be refused access to their accommodation.
In the event of a reservation less than thirty (30) days before departure, the Customer must pay the full price as soon as they confirm their reservation on our website or by telephone.
For security reasons, the number of people arriving for a Stay may under no circumstances exceed the number of places in the allocated accommodation and the number of people mentioned on the Stay Voucher. In full board and half board, accommodation is allocated according to family composition.
In the event of under-occupancy of the accommodation, i.e. occupancy below the standard occupancy capacity and/or the standard occupancy duration on the basis of one week (duration of seven (7) days), the price per person may vary depending on the Establishments and periods. These amounts are summarised when confirming the reservation.
Optional services
Belambra Clubs & Hôtels® may offer additional services alongside the Stay, such as equipment rental or the purchase of services offered by its partners. These optional services are then paid for by the Customer to Belambra Clubs & Hôtels® under the same conditions as the payment for the Stay, either via our website or by calling the Reservations Service.
It is specified that these optional services do not fall under the definition of a package tour as defined in Article L.211-2 of the French Tourism Code and are provided under the responsibility of the partner.
Payment methods for the Stay
To be able to pay for your Stay, you must have the capacity to enter into a contract. This means that you must be at least eighteen (18) years old, be capable of legally entering into contracts and not be under guardianship or curatorship. Furthermore, you guarantee the accuracy of the information provided by you or any other person accompanying you during your stay.
You can pay for your Stay by any payment method, online or by telephone, by indicating your file number and at your election:
For payment of the deposit:
- by bank cards: Visa, Eurocard/Mastercard, American Express, Bancontact;
- by transfer accompanied by the reservation number;
- by ANCV Connect.
For payment of the balance:
- by bank cards: Visa, Eurocard/Mastercard, American Express, Bancontact;
- by transfer accompanied by the reservation number;
- by holiday vouchers.
Belambra Clubs & Hôtels® is approved by the Agence Nationale pour les Chèques Vacances – ANCV (National Agency for Holiday Vouchers), and they can be used for all your Stays as follows:
o Electronic holiday vouchers can only be used when paying for a Stay online.
o Paper holiday vouchers must be sent by post. We advise you to send them by registered mail, making sure to mention your file number and using the most comprehensive delivery guarantee. The Customer is responsible for vouchers not sent by registered mail and not received by Belambra Clubs & Hôtels®. They are valid for their nominal value up to the sums due in payment for your Stay, at the latest for payment of the balance. Contact your company, your works council or any other organisation authorised to issue them. This payment method cannot be used within our Establishments, nor for the payment of services on site.
by gift vouchers: Cadhoc Voucher, Accentiv Complement Ticket, Tir Groupé, CADO vouchers, Kadéos (with the exception of Kadéos “purchase vouchers”). This payment method cannot be used within our Establishments, nor for the payment of services on site.
- by bank cheques.
For the payment of the deposit and the balance, you can make an instalment payment through our partner Oney Bank (RCS Lille Métropole 546 380 197) which offers a financing solution, called 4x Oney, which allows you to pay for your purchases from €350 to €6,000 in four (4) instalments with your bank card. For more information, go to our website and follow the link: Oney Bank financing solution
Payments for people whose domicile is outside France are made only by transfer accompanied by the reservation number, or by bank card, Eurochecks, bank cheque in Euros, Bancontact Mistercash, IDEAL. Payments should be sent to the following address: Belambra Clubs - Service ADV - 63 avenue du Général Leclerc - TSA 30001 - 92340 BOURG-LA-REINE - France.
2. PRICES
The price is defined for each Customer and for each Stay of Private Individuals, prior to ordering according to the sales process described at the time of booking on the website or by telephone, depending on the date on which the Customer books, the destination, the accommodation, the reservation dates for the Stay of Private Individuals, the choice of catering, the additional services chosen and the number of people involved in said Stay of Private Individuals.
Price reductions – Promotional operations
If you are the beneficiary of a price reduction under a promotional operation, when booking you must enter the promotion code in the box provided for this purpose (“promo code”) to take advantage of it. Once the Reservation Confirmation or the Stay Voucher has been issued, the Customer will no longer be able to benefit from any reduction.
Furthermore, price reductions or promotional operations cannot be combined with each other, unless the combination is expressly mentioned and accepted by Belambra Clubs & Hôtels®.
Any stay that is cut short or service not consumed (included in the packages, mentioned on the Stay Voucher or purchased on site) will not be subject to any refund. For example, this includes any interruption of Stay or non-consumption of meals.
For full-board Stays of more than a week, the Saturday lunch will be billed in addition to the price of the Stay and on the basis of the current rate displayed in the Establishment concerned.
Extension of Stay: you must vacate your accommodation on the scheduled dates and times. Any extension of your Stay, including in the event of force majeure preventing you from leaving (blocked route, weather conditions, etc.), will be paid directly on site on the rate basis in force within the Establishment (without application of promotional rates or partner reductions).
Our prices are inclusive of all taxes and in particular VAT at the rate applicable on the day of reservation as well as tourist tax. Our prices are subject to change in the event of an upward or downward change in the level of taxes or fees to which our Stays are subject or in the exchange rates in relation to the reservation.
3. FILE FEES
Excep for our hotels “Le Domaine du Normont”, “Magendie” and “Villemanzy”, each reservation gives rise to the collection of administration fees by Belambra Clubs & Hôtels®:
- stay of 4 nights or more: €40;
- stay up to 3 nights: €20.
These file fees will only be reimbursed if the cancellation occurs due to Belambra Clubs & Hôtels® or in the event of force majeure.
4. SECURITY DEPOSIT
A security deposit of €250 will be requested on arrival in the form of a credit card imprint (or cheque). This imprint is a pre-authorisation, which does not result in a debit from your account. However, depending on the conditions of the Customer's bank, this pre-authorization may appear as a pending charge on the Customer's bank account and reduce the account's available balance, which is beyond the control of Belambra Clubs & Hôtels®. This security deposit will only be used at the end of the Stay if compensation had to be withheld for any damage caused or if services remained unpaid. Any potential use of this security deposit does not exclude additional compensation in the event that the costs exceed the amount of the deposit.
5. INTERNAL REGULATIONS
Internal regulations are displayed in each accommodation and/or at reception of the Establishment. The internal regulations specify the rules of good manners, hygiene and safety applicable within the Establishment. We thank you for reading it and respecting it. As part of their reservation and Stay, the Customer undertakes to behave reasonably and adopt a cordial attitude towards the staff and customers of the Establishment. A breach by the Customer of the provisions of the internal regulations, or behaviour contrary to public order or good morals, may lead to the interruption of the Stay, the exclusion of the Customer from the Establishment, without the possibility of claiming reimbursement or compensation for the Stay.
In particular, we specify that:
For the swimming pools: children may only access swimming pools when accompanied by parents/legal representatives or any other adult authorised by them. Children remain under their supervision and responsibility within the swimming pools. Wearing a swimsuit is obligatory.
For the Reception in Children's Clubs: Children's Clubs welcome children under the conditions provided in the information guide in our catalogues and on our website. However, we reserve the right to refuse any child who exhibits behaviour that could harm other children or the organisation of Children's Club activities. In the event that the Customer causes bodily injury or material damage, they may be civilly liable for compensation.
For regulatory reasons, the "Poussins" (children aged 4 to 35 months) must be up to date with their vaccinations (presentation of the health record when being welcomed to the Poussins club).
Smoking is strictly prohibited in all accommodation, which is all non-smoking.
For your safety and comfort, wearing a Belambra bracelet is mandatory for the entire duration of your Stay.
6. RESPONSIBILITY
6.1 Belambra Clubs & Hôtels® is responsible for the proper execution of all obligations arising from the contract.
However, Belambra Clubs & Hôtels® will be exonerated from all or part of its liability in cases where the non-performance or poor performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party unrelated to the provision of the services provided for under the contract, or a case of force majeure as defined in article 1218 of the French Civil Code.
It is also specified that benefits and services not provided for in the contract entered into with Belambra Clubs are, both with respect to the Customer and to Belambra Clubs & Hôtels®, the exclusive responsibility of the external service providers in charge of their organisation.
6.2 As an exception to the preceding article 6.1, the combination of travel services that would be offered to you constitutes a tourist package within the meaning of Directive (EU) 2015/2302 and Article L.211-2 II of the French Tourism Code.
In such a case, you would therefore benefit from all the rights granted by the European Union applicable to tourist packages, as transposed in the French Tourism Code. Belambra Clubs & Hôtels® will be fully responsible for the proper execution of the package as a whole.
Additionally, as required by law, Belambra Clubs & Hôtels® has protection to refund your payments.
For more information regarding tourist packages, please refer to article 21 of the GTC.
7. LOSSES, THEFT, DAMAGE
The Stay in our Establishments falls within the framework of the responsibility of hoteliers defined by article 1953 of the French Civil Code. Belambra Clubs & Hôtels® cannot be held responsible, beyond article 1953, paragraph 2, for theft of jewellery and valuables not deposited in the individual safe of the accommodation during a Stay in one of our Establishments.
8. OPTIONAL INSURANCE
To allow you to go on holiday with complete peace of mind, at the time of your reservation we offer you the option of taking out “multi-risk” insurance which covers:
- insurance against cancellation/interruption of Stay,
- insurance for modification of reservation,
- repatriation assistance,
- baggage insurance,
- snow guarantee for winter Stays
- or any other guarantee offered for sale (COVID...).
In effect, in the event of cancellation or interruption of your stay, Belambra Clubs & Hôtels®will only provide a full refund of the unused Stay if it initiates the cancellation. We therefore recommend that you take out this insurance which will allow you to be compensated or repatriated without worries.
The summary of the conditions and guarantees is attached as an appendix to these GTC and in detail on our website under the following link: https://www.belambra.com/trip-insurance
9. MODIFICATION OF THE STAY AT THE INITIATIVE OF THE CUSTOMER
Any request for modification can only be accepted within the limits of availability and will be sent to Belambra Clubs & Hôtels® by registered letter with acknowledgment of receipt to the head office address as mentioned in the preamble to the GTC or made by telephone to the number +33 (0) 1 46 10 13 14 (cost of a local call). The binding date of the modification (or cancellation) of the Stay for the Customer will be the date of sending the registered letter with acknowledgment of receipt, the postmark being taken as proof, or that of the telephone call.
It will give rise to the receipt of compensation determined as follows, for the requested modifications:
For all of our Establishments, except for our hotels "Le Domaine du Normont," "Magendie," and "Villemanzy," any modification of the Stay by the Customer will incur a processing fee of forty-five (45) euros and will be subject to the following conditions:
- Up to and including 30 days before the start date of the Stay: (i) if the price of the modified Stay is higher than the initial Stay price, the Customer will need to pay the difference, (ii) if the price of the modified Stay is lower than the initial Stay price, the Customer will be refunded the difference;
- Less than 30 days before the start date of the Stay: (i) if the price of the modified Stay is higher than the initial Stay price, the Customer will need to pay the difference, (ii) if the price of the modified Stay is lower than the initial Stay price, no refund will be made.
After the Customer's arrival at the Establishment, any shortened or modified Stay will not be subject to any refund.
10. CANCELLATION AT THE INITIATIVE OF THE CUSTOMER
Any cancellation must be notified to Belambra Clubs & Hôtels® by registered letter with acknowledgment of receipt to the head office address as mentioned in the preamble to the CGV, or made by telephone to the number +33 (0) 1 46 10 13 14, or made by email to annulation@belambra.fr.
The binding date of the cancellation of the Stay of Private Individual for the Customer will be the date of sending the letter with acknowledgment of receipt, the postmark being taken as proof, or the date of the email or telephone call.
For all of our Establishments, except for our hotels "Le Domaine du Normont," "Magendie," and "Villemanzy," the cancellation of the Stay by the Customer or failure to pay the balance of the Stay within the agreed timeframe will result in the following fees:
- Up to and including 30 days before the start date of the Stay, a sum of forty-five (45) euros will be retained for processing fees, along with the booking fees mentioned in Article 3, which will not be refunded;
- Less than 30 days before the start date of the Stay, the full price of the Stay will be retained, with no refund given to the Customer.
It is specified that in all cases of cancellation, the amount of any insurance taken out is non-refundable.
In the event of cancellation after multiple registrations, Belambra Clubs & Hôtels® will apply these cancellation conditions for each cancelled Stay.
11. NO-SHOW AT THE LOCATION OF THE STAY
If the Customer does not show up at the location of the Stay on the scheduled start date without having notified the Establishment or our Customer Relations service in advance, or if they have not paid the balance of the Stay within the agreed timeframe, the Stay will be considered as cancelled. Belambra Clubs & Hôtels® will no longer guarantee the availability of the accommodation and services. Furthermore, the Customer will not be entitled to any refund. Therefore, we recommend purchasing the multi-risk insurance referred to in Article 8 of the General Terms and Conditions of Sale (CGV).
12. MODIFICATION OR CANCELLATION OF RESERVATIONS IN OUR HOTELS "LE DOMAINE DU NORMONT", "MAGENDIE" AND "VILLEMANZY"
Stays at our hotels "Le Domaine du Normont", "Magendie" and "Villemanzy" are subject to either a "flexible" rate or a "non-flexible" rate.
Reservations at the non-flexible rate must be paid in full at the time of booking and cannot be modified or canceled ("non-exchangeable, non-refundable" rate).
Reservations at the flexible rate can be paid either in full at the time of booking or by paying a deposit of €1 by credit card on our website, with the remaining balance automatically charged to the same card the day before the start of the Stay.
Modifications or cancellations are allowed without charge until the day before the stay. In case of no-show on the first day of the stay, the client will be charged the full price of the Stay.
13. MODIFICATION OR CANCELLATION INITIATED BY BELAMBRA CLUBS & HOTELS®
Cancellation by Belambra Clubs & Hôtels®
In the event of cancellation by Belambra Clubs & Hôtels®, without an equivalent alternative solution being offered (same category of establishment and accommodation), you will receive an immediate refund of all sums paid, including file fees and the amount of the insurance, and will receive as compensation a sum equal to what you would have incurred if you had made the cancellation on that date.
In the event of a cancellation by Belambra Clubs for an event constituting force majeure, as defined in article 1218 of the French Civil Code, an immediate reimbursement only of the sums paid will take place to the exclusion of any other compensation.
Modifications initiated by Belambra Clubs & Hôtels®
When, before departure, compliance with one of the essential elements of the Stay is made impossible following an event that could not be foreseen by Belambra Clubs & Hôtels® on the day of the confirmed reservation or due to a case of force majeure within the meaning of the law and case law, we will inform you without delay by any means (post, email, telephone).
You will then have the option of either renouncing your Stay or accepting the modification that we will offer you. You must let us know your choice within seventy-two (72) hours after being informed (renouncement will result in immediate reimbursement of all sums paid, including file fees and the amount of insurance, whereas acceptance will only give rise to the immediate reimbursement of any overpayment, if applicable).
It is specified that the renouncement on your part of the Stay modified by Belambra Clubs & Hôtels® under this article, will not give rise to the payment of the compensation referred to in article 10, equal to the penalty that you would have borne if the cancellation was initiated by you.
14. HANDOVER OF KEYS
Key collection takes place from 5 p.m. until 8 p.m. on the day of your arrival. These keys must be returned before 10 a.m. on the day of your departure.
15. FOR YOUR PETS
Except for guide dogs or assistance animals, pets are not allowed in our establishments. However, some of our Establishments, as indicated in our brochures and on our website, may accept dogs, provided that basic hygiene and safety rules for the customers, veterinary requirements (up-to-date vaccination record, etc.), and the establishment's internal regulations are respected. A payment will be required on-site, amounting to €40 per animal per week or €10 per animal per day. We draw families' attention to the risks of being denied access to the establishment if these rules are not respected.
16. PROTECTION OF PERSONAL DATA
Belambra Clubs & Hôtels® respects your privacy and undertakes to process your personal data in compliance with current regulations. Our Data Protection Policy is available on our website via the following link: https://www.belambra.com/protection-personal-data
You can also request a copy from our Data Protection Officer by post addressed for their attention to the head office address as mentioned in the preamble to the GTC or by email to the address: dpo@belambra.fr
Furthermore, in application of the provisions of article L.223-2 of the French Consumer Code, Belambra Clubs & Hôtels® informs you of the right you have to register on the Bloctel list refusing telephone canvassing, according to the following procedure:
- Register for free on the website bloctel.gouv.fr.
- You then receive a registration confirmation by email within forty-eight (48) hours. You then need to click on the link received in the email to validate your registration.
- The telephone numbers that you have mentioned are immediately registered on the Bloctel list and thirty (30) days later, your numbers will no longer be contacted.
Registration can also be done by post by sending the below information to “Worldline - Service Bloctel - CS 61311 - 41013 Blois Cedex”:
- Last name, First Name;
- Postal address;
- The number(s) to be entered on the refusal list, specifying a contact telephone number.
17. COMPLAINTS
- Any complaint after your Stay may be sent by registered letter with acknowledgment of receipt to our postal address as mentioned in the preamble to the CGV, or by sending an email to the address: reclamations@belambra.fr.
In order to provide you with an appropriate response, your complaint must be notified to us within one (1) month after the end of your stay and include your file number.
We inform you that if you have submitted a complaint to our Customer Relations department, but are not satisfied with our response, you can contact the Association des Médiateurs Européens (Association of European Mediators) whose contact details are as follows: AME CONSO - 197 boulevard Saint Germain - 75007 Paris
You will find the terms of reference on the following website: www.mediationconso-ame.com.
Information on online dispute resolution: in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission allows you to resolve your disputes relating to an online order via its online dispute resolution platform (https://ec.europa.eu/consumers/odr) .
18. FORCE MAJEURE
The obligations resulting from these GTC apply subject to an event constituting force majeure as provided for in article 1218 of the French Civil Code and case law.
Consequently, if an event of force majeure as defined in this article prevents the execution of an obligation of the contract by Belambra Clubs & Hôtels® or the Customer:
- if the impediment is temporary, the execution of the obligation of the contract is suspended unless the resulting delay justifies the termination of the contract;
- if the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions of the French Civil Code.
19. EXTERNAL SERVICES (EXCLUDING PACKAGE TRIP)
This clause only applies to external services which are not performed as part of a package trip, i.e. which do not fall within the notion of “tourist package” as defined in the preamble to these GTC.
In this context, external services linked to ski lessons (ESF), ski lifts, fitness/leisure packages, or ski equipment are purchased by Belambra Clubs & Hôtels® on behalf of its Customers.
Any cancellation of these external services which occurs due to the Customer within seven (7) days before the start date of the stay will result in Belambra Clubs & Hôtels® billing the Customer for the full amount of the services.
If the amount of external services sold falls into the category of “tourist package”, you should then refer to article 19 below relating to tourist packages.
20. APPLICABLE LAW - JURISDICTION
All sales concluded with consumers domiciled in France and abroad are governed by French law, without prejudice to any mandatory protective provisions that may be applicable in the consumers' country of residence. Any dispute will be decided by the French courts, without prejudice to any mandatory protective provisions that may apply in the consumer's country of residence.
In the event of printing errors or omissions on its website, Belambra Clubs & Hôtels® reserves the right to rectify any material error which may have appeared in its documents. The illustrations and photos mainly concerning our renovated establishments are non-contractual and indicated as such.
21. SPECIFIC CONDITIONS - standard information form for package travel contracts (tourism code)
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302 and Article L.211-2 II of the French Tourism Code.
You will therefore benefit from all the rights granted by the European Union applicable to packages, as transposed in the French Tourism Code. Belambra Clubs & Hôtels® will be fully responsible for the proper execution of the package as a whole.
Furthermore, as required by law, Belambra Clubs & Hôtels® has protection in place to refund your payments and, if transportation is included in the package, to ensure your repatriation in the event that Belambra Clubs & Hôtels® becomes insolvent.
Key rights under Directive (EU) 2015/2302 as transposed into the French Tourism Code:
Travellers will receive all essential information about the package before concluding the package travel contract.
The organiser and the retailer are liable for the proper performance of all the travel services included in the contract.
Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the retailer.
Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
The organiser or the retailer must provide assistance if the traveller is in difficulty.
If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Belambra Clubs has taken out insolvency protection with Groupama Assurance-Crédit, 8-10, Rue d’Astorg, 75008 Paris – Insurer: AXA France IARD, 313, Terrasse de l’Arche, 92727 Nanterre Cedex – France. Intra-community VAT number: FR26322706136. Travellers may contact this entity if services are denied because of Belambra Clubs’ insolvency.
Directive (EU) 2015/2302 as transposed into national law in the French Tourism Code, in particular Articles R211-3 et seq.:
Article R211-3 : Any offer or sale of services referred to in Article L. 211-1 shall give rise to the provision of appropriate documents, in accordance with the rules defined in this section.
Article R211-3-1: Pre-contract information and contract conditions are made available in writing. This can be done electronically. The name or company name and address of the organiser or the retailer are provided as well as details of their entry in the register mentioned in Article L. 141-3 or, where applicable, their name, address and details of their registration with the federation or union mentioned in the second paragraph of Article R. 211-2.
Article R211-4: Prior to concluding the contract, the organiser or the retailer must provide the traveller with the following information:
1° The main characteristics of the travel services:
a) The travel destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included;
b) The means, characteristics and categories of transport, the points, dates and time of departure and return, and the duration and places of intermediate stops and transport connections. Where the exact time is not yet determined, the organiser or the retailer shall inform the traveller of the approximate time of departure and return;
c) The location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination;
d) The meal plan;
e) Visits, excursions or other services included in the total price agreed for the contract;
f) Where it is not apparent from the context, whether any of the travel services will be provided to the traveller as part of a group and, if so, where possible, the approximate size of the group;
g) Where the traveller’s benefit from other tourist services depends on effective oral communication, the language in which those services will be provided;
h) Whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the traveller’s request, precise information on the suitability of the trip or holiday taking into account the traveller’s needs;
2° The trading name and geographical address of the organiser and the retailer, as well as their telephone number and, where applicable, email address;
3° The total price inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the traveller may still have to bear;
4° The arrangements for payment, including any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by the traveller;
5° The minimum number of persons required for the tour or holiday to take place and the time limit, referred to in Article L. 211-14, section III, before the start of the tour or holiday for the possible termination of the contract if that number is not reached;
6° General information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination;
7° Information that the traveller may terminate the contract at any time before the start of the tour or holiday in return for payment of an appropriate termination fee, or, where applicable, the standardised termination fees requested by the organiser or the retailer, in accordance with Article L. 211-14, section I;
8° Information on optional or compulsory insurance to cover the cost of termination of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death.
With reference to packages as defined in Article L. 211-2, section II, A, 2°, e), the organiser or the retailer and the trader to whom the data are transmitted shall ensure that each of them provides, before the traveller is bound by a contract, the information set out in this Article in so far as it is relevant for the respective travel services they offer.
The form to be used to provide the traveller with the information listed in this Article is established by a joint order of the French Minister for Tourism and the French Minister for the Economy and Finance. This order specifies the minimum information that must be provided to the traveller for contracts concluded by telephone.
Article R211-5: The information referred to in Article R. 211-4, 1°, 3°, 4°, 5° and 7° provided to the traveller forms part of the contract and can only be amended under the conditions set out in Article L. 211-9.
Article R211-6: In addition to the information stated in Article R. 211-4, the contract must also contain the following:
1° Special requirements of the traveller which the organiser or the retailer has accepted;
2° Information that the organiser and the retailer are responsible for the proper performance of all travel services included in the contract in accordance with Article L. 211-16 and that they are obliged to provide assistance if the traveller is in difficulty in accordance with Article L. 211-17-1;
3° The name of the entity in charge of the insolvency protection and its contact details, including its geographical address;
4° The name, address, telephone number, email address and, where applicable, the fax number of the organiser’s or the retailer’s local representative, of a contact point or of another service which enables the traveller to contact the organiser or the retailer quickly and communicate with him efficiently, to request assistance when the traveller is in difficulty or to complain about any lack of conformity perceived during the performance of the tour or holiday;
5° Information that the traveller is required to communicate any lack of conformity which he perceives during the performance of the tour or holiday in accordance with Article L. 211-16, section II;
6° Where minors, unaccompanied by a parent or another authorised person, travel on the basis of a contract which includes accommodation, information enabling direct contact with the minor or the person responsible for the minor at the minor’s place of stay;
7° Information on available in-house complaint handling procedures and on alternative dispute resolution mechanisms, and, where applicable, on the entity by which the trader is covered and on the online dispute resolution platform pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council;
8° Information on the traveller’s right to transfer the contract to another traveller in accordance with Article L. 211-11.
With reference to packages as defined in Article L. 211-2, section II, A, 2°, e), the trader to whom the data are transmitted shall inform the organiser or the retailer of the conclusion of the contract leading to the creation of a package. The trader shall provide the organiser or the retailer with the information necessary to comply with his obligations as an organiser or retailer. As soon as the organiser or the retailer is informed that a package has been created, he shall provide to the traveller the information referred to in 1° to 8° on a durable medium.
Article R211-7: The traveller may transfer their contract to a third party who fulfils the same conditions as themselves to take the tour or holiday, so long as this contract has not had any effect.
In the absence of any condition more favourable to the transferor, the latter must notify the organiser or the retailer of their decision by any means offering acknowledgement of receipt at least seven days before the start of the tour. In no case is prior authorisation required from the organiser or the retailer in order to transfer the contract.
Article R211-8: When the contract contains the express possibility that the price may be modified, within the limits defined in Article L. 211-12, it shall state the precise methods of calculating the price modifications, whether increases or decreases, in particular the amount of transport costs and associated taxes, the currency or currencies that may affect the price of the tour or holiday, the proportion of the price to which the modification applies, and the currency rate(s) used as a basis for setting the price given in the contract.
In the event of a price decrease, the organiser or the retailer shall have the right to deduct actual administrative expenses from the refund owed to the traveller. At the traveller’s request, the organiser or the retailer shall provide proof of these administrative expenses.
Article R211-9: If, before the traveller’s departure, the organiser or the retailer is constrained to alter any of the essential elements of the contract, or cannot fulfil the special requirements as referred to in Article R. 211-6, 1°, or if the price is increased by more than 8%, the organiser or the retailer shall without undue delay inform the traveller in a clear, comprehensible and prominent manner on a durable medium of:
1° The proposed changes and, where appropriate, their impact on the price of the tour or holiday;
2° The reasonable period within which the traveller must inform the organiser or the retailer of his decision;
3° The consequences of the traveller’s failure to respond within the period specified;
4° Where applicable, the offered substitute service and its price.
Where the changes to the contract or the substitute service result in a tour or holiday of lower quality or cost, the traveller shall be entitled to an appropriate price reduction.
If the contract is terminated and the traveller does not accept a substitute service, the organiser or the retailer shall refund all payments made by or on behalf of the traveller without undue delay and in any event not later than 14 days after the contract is terminated, notwithstanding any compensation for damages pursuant to Article L. 211-17.
Article R211-10: The organiser or the retailer shall provide any refunds required under Article L. 211-14, sections II and III, or, with respect to Article L. 211-14, section I, reimburse any payments made by or on behalf of the traveller minus the appropriate termination fee. Such refunds or reimbursements shall be made to the traveller without undue delay and in any event not later than 14 days after the contract is terminated.
In the case provided for in Article L. 211-14, section III, the additional compensation that the traveller may receive shall be at least equal to the penalty that would have been applied if the cancellation had been made by them on the same date.
Article R211-11: The assistance to be provided by the organiser or the retailer pursuant to Article L. 211-17-1 shall consist in particular of:
1° Providing appropriate information on health services, local authorities and consular assistance; and
2° Assisting the traveller to make distance communications and helping the traveller to find alternative travel arrangements.
The organiser or the retailer shall be entitled to charge a reasonable fee for such assistance if the difficulty is caused intentionally by the traveller or through the traveller’s negligence. This fee shall not in any event exceed the actual costs incurred by the organiser or the retailer.
Appendix (Article 8 – Optional INSURANCE)
