Article R211-3 to R211-11 of the decree nr 2009-1650 dated December, the 23rd, 2009 in accordance with the law nr 2009-888 dated July, the 22nd, 2009 regarding the development and the modernisation of tourist services.
Article R211-3 Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7 any offer and any sale of services of trips or stays lead to the delivery of appropriate documents which meet the rules defined hereby. In case of sale of air transport documents or transport documents on regular service which are not sold with services linked to these transports, the seller shall issue the buyer one or several passenger tickets for the whole trip which shall be established or which shall be under the responsibility of the carrier. Regarding demand responsive service, the name and the address of the carrier on behalf of whom the tickets are established shall be mentioned. The separate invoicing of the various elements of the same tourist package shall not shield the seller from his obligations described in the regulatory provisions of the hereby section.
Article R211-3-1 The exchange of pre-contractual information or the provision of the contractual conditions is made in writing. It can be done online within the conditions of validity and practice described in Articles 1369-1 to 1369-11 of the Civil Code. The name or the corporate name and the address of the seller are mentioned as well as his registration number in the registry as described in Article L. 141-3, or the name, the address and the registration number of the federation or the union as mentioned in the second paragraph of Article R. 211-2, if any.
Article R211-4 Before entering into a contract, the seller must give the information on the prices, the dates and the other components constitutive of the services provided during the trip or the stay such as :
1° The destination, the means, the characteristics and the classes of the transports used ;
2° The type of accommodation, its location, its level of comfort and its main characteristics, its approval and its tourist classification in compliance with the regulations or the common practice of the host country ;
3° The catering services offered ;
4° The description of the route when it is a tour ;
5° The administrative and health formalities to be carried out by the French people or the French nationals from another member State of the European Union or from a European Economic Area State, especially in case of border crossing, as well as the period of time within which these actions are to be carried out ;
6° The visits, the excursions and the other services included in the package or possibly available for extra charge ;
7° The minimum or maximum group size which will enable to go on the trip or the stay, as well as the deadline to inform the consumer in case of cancellation, if there is a minimum number of participants; this date cannot be set less than twenty one days before the departure ;
8° The amount or the percentage of the price to be deposited when entering into the contract, as well as the timetable to pay the balance ;
9° The methods for revising the prices as described in the contract under Article R. 211-8 ;
10° The contractual conditions for cancellation ;
11° The conditions for cancellation as described in Articles R. 211-9, R. 211-10 and R. 211-11 ;
12° The information regarding the optional subscription of an insurance policy which would cover the consequences of some cancellations or of a contract “Repatriation Help Service” which would cover some specific risks, especially the repatriation expenses in case of accident or illness ;
13° The information for each flight as described in Articles R. 211-15 to R. 211-18 when the contract contains air transport services.
Article R211-5 The prior information given to the consumer commits the seller, unless the seller reserves the right to change some elements. The seller shall then clearly explain to what extent this change can act and on which elements. In any case the modifications brought to the prior information shall be given before the consumer enters into the contract.
Article R211-6 The contract entered into between the seller and the buyer shall be written, established in two copies, one of which will be given to the buyer, and signed by both parties. When the contract is established online, the Articles 1369-1 to 1369- 11 of the Civil Code shall apply. The contract shall contain the following clauses :
1° The name and the address of the seller, of his guarantor and of his insurer, as well as the name and the address of the organiser ;
2° The destination(s) of the trip and the relevant periods and dates where periods of stay are involved ;
3° The means, the characteristics and the classes of the transports used, the dates and places of departure and return ;
4° The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification in compliance with the regulations or the common practice of the host country ;
5° The catering services offered ;
6° The description of the route when it is a tour ;
7° The visits, the excursions and the other services included in the total price of the trip or the stay;
8° The total price of the services invoiced as well as the information for possibly revising this invoicing in compliance with the provisions of Article R. 211-8 ;
9° The information, if any, regarding the licence fees or taxes relating to some services like the landing fees, the quay landing or loading charges in the ports and airports and the resort taxes when they are not included in the price of the service(s) provided ;
10° The timetable and the payment terms ; the last payment of the buyer shall not be less than 30 % of the price of the trip or stay and shall be made when the documents to enable to go on the trip or the stay will be delivered ;
11° The special conditions asked by the buyer and approved by the seller ;
12° The methods according to which the buyer can make a complaint for failure to execute the contract, complaint which shall be sent as soon as possible to the seller by any means allowing to receive an acknowledgement of receipt, and which shall be notified in writing to the organiser of the trip and the service provider concerned, if any ;
13° The deadline to inform the consumer in case of cancellation, if there is a minimum number of participants, in compliance with the provisions of the 7th paragraph of Article R. 211-4 ;
14° The contractual conditions for cancellation ;
15° The conditions for cancellation as described in Articles R. 211-9, R. 211-10 and R. 211-11 ;
16° The details about the risks covered and the amount of the coverages according to the insurance contract which covers the consequences of the professional civil liability of the seller ;
17° The information regarding the insurance contract taken out by the buyer (policy number and name of the insurer) which covers the consequences of some cancellations as well as the information regarding the contract “Repatriation Help Service” which covers some specific risks, especially the repatriation expenses in case of accident or illness ; in this case the seller shall give the buyer a document which at least mentions the risks covered and the risks excluded ;
18° The deadline to inform in case of assignment of contract by the buyer ;
19° The commitment to provide the buyer with the following information, at least ten days before the departure : a) the name, the address and the phone number of the local representation of the seller or, if not, the names, the addresses and the phone numbers of the local organisations which may help the consumer in case of problem or, if not, the call number which would enable to contact the seller urgently ; b) For the trips or stays abroad of minor people, a phone number and an address which would enable to directly contact the child or the person in charge of his stay ;
20° The clause for termination and repayment without penalties of the amounts paid by the buyer in case of failure to comply with the obligation to inform as described in the 13th paragraph of Article R. 211-4 ;
21° The commitment to provide the buyer with the hours of departure and arrival, in due course and before the beginning of the trip or stay.
Article R211-7 The buyer can sell his contract to an assignee who fulfils the same conditions to go on the trip or stay, as long as the journey has not begun yet. In the absence of more favourable stipulations to the assignor, the latter is to inform the seller on his decision by any means which would enable to receive an acknowledgement of receipt and seven days at the latest before the departure. This period is fifteen days for a cruise. This assignment is subject to the prior authorization of the seller in no case.
Article R211-8 When the contract contains a possibility to revise the price within the limits described in Article L. 211-12, it shall mention the exact methods of calculation of the price-level changes, both upwards and downwards, and especially the amount of the transportation expenses and the taxes relating to them, the currency(ies) which can have a repercussion on the price of the trip or stay, the part of the price the fluctuation applies to, the rate of the currency(ies) used as a reference when establishing the price mentioned in the contract.
Article R211-9 When, before the departure, the seller has to change one of the elements necessary to the contract, like a significant price increase, and when he does not know his obligation to inform as described in the 13th paragraph of Article R. 211-4, the buyer can either terminate his contract and be reimbursed without penalties of the amounts paid, or accept the modification or the substitute trip offered by the seller, without prejudging his right to claim compensation for any damage that may have been incurred, and after being informed by the seller by any means which would enable to receive an acknowledgement of receipt. An amendment mentioning the modifications brought shall then be signed by both parties ; any price decrease shall be deducted from the amounts still owed by the buyer and if the payment already done by the latter exceeds the price of the service modified, the overpayment shall be given back to him before the departure.
Article R211-10 As described in Article L. 211-14, when, before the departure, the seller cancels the trip or stay, he will have to inform the buyer by any means which will enable to receive an acknowledgement of receipt. The buyer shall be reimbursed without penalties of the amounts paid, without prejudging his right to claim compensation for any damage that may have been incurred. The buyer shall then receive a compensation at least equivalent to the penalty he would have paid if the cancellation had been made due to him at this date. The provisions of the hereby article do not stand in the way of entering into an out-of-court agreement which would aim for the buyer at accepting a trip or a substitute stay offered by the seller.
Article R211-11 When, after the departure, the seller cannot provide a leading part of the services described in the contract and which represents a significant percentage of the price paid by the buyer, the seller shall immediately take the following measures, without prejudging the buyer’s right to claim compensation for any damage that may have been incurred : the seller shall either offer services which would replace the services described in the contract by possibly bearing any extra charge, or, if the services accepted by the buyer are of lower quality, the seller shall repay the price difference when the buyer comes back from his trip.