All information provided on the website regarding the details or regulations of stays and events constitutes preliminary information as defined in articles L.211-9, L211-10, R.211-4, and R.211-5 of the Tourism Code and may be subject to changes.
It is imperative that you become acquainted with these particular and general sales conditions.
CONCEPT AND IMPLEMENTATION FRAMEWORK
SAS SO PROVENCE SO ALPS is a travel agency registered with Atout France IM013180013, which designs and sells trips and related services to its clients in France and abroad under the entity “SO PROVENCE, SO ALPS!” and notably under the registered trademark “FRANCE BY LOCALS” during the organization of stays, courses, seminars, and sports events in France.
SALE OF STAY AND RESERVATION
More than 30 days before departure – a deposit of approximately one-third of the amount of the stay is required at the time of booking to guarantee your reservation. The price is per person, based on double occupancy, and includes what is mentioned in the travel description. Requests for single rooms or additional options and transfers are subject to supplements and must be requested at the time of booking. Less than 30 days before departure – payment of the total amount of the stay. Your reservation cannot be confirmed until we receive your deposit. The deposit will be deducted from the final amount due, which will be determined on the day of final payment, no later than 30 days before the start date of the stay.
HEALTH CONDITIONS
Our stays are physically active and require varying physical preparations depending on the itinerary and chosen activity. Good mental and physical health is essential for the enjoyment and safety of the stay. By signing these general terms and conditions of sale, you certify that, to your knowledge, you are in good physical condition.
TRAVEL AGENCY RESPONSIBILITIES
SO PROVENCE SO ALPS SAS / FRANCE BY LOCALS is responsible for the proper execution of all travel services included in the contract in accordance with the Tourism Code and is required to provide assistance to travelers if they encounter difficulties, in accordance with the Tourism Code.
SO PROVENCE, SO ALPS SAS / FRANCE BY LOCALS is automatically liable to the buyer for the proper performance of the obligations arising from the contract, whether the contract was concluded remotely or not, and whether these obligations are to be performed by itself or by other service providers, without prejudice to its right of recourse against them and within the limits of the damages provided for by international conventions.
However, SO PROVENCE, SO ALPS SAS / FRANCE BY LOCALS may exempt itself from all or part of its liability by providing evidence that the non-performance or improper performance of the contract is attributable either to the buyer, or to an unforeseeable and insurmountable event of a third party not involved in the provision of the services provided for in the contract, or to a case of force majeure (Article L211-16 of the Tourism Code).
CIVIL LIABILITY INSURANCE
The organization of the trip is covered by civil liability insurance. The travel organization insurance does not cover individual risks of travelers who expressly waive any recourse against SO PROVENCE, SO ALPS SAS / FRANCE BY LOCALS. It is the responsibility of each traveler to take out their own individual accident and death insurance covering their sports and leisure activities (medical repatriation and repatriation of the body in case of death, necessary funeral expenses for transport, payment of medical expenses, etc.). For travelers residing outside of France, the return costs from the place of repatriation to their country of residence will also be entirely at their expense. It is therefore strongly recommended that they take out individual insurance.
Each traveler participates with full knowledge of the risks that may occur during these trips and events. Since the travelers participate at their own risk, the organization declines all liability in case of physical failure or accident. In accordance with the 1984 Sports Law, the organizer is obligated to advise the participant to take out individual accident and death insurance.
ESSENTIAL RIGHTS PROVIDED BY DIRECTIVE (EU) 2015/2302
If the organizer or retailer becomes insolvent, the amounts paid will be refunded. If the organizer or, where applicable, the retailer becomes insolvent after the start of the package and if transportation is included in the package, the repatriation of travelers is guaranteed. SO PROVENCE, SO ALPS SAS / FRANCE BY LOCALS has taken out insolvency protection with: APST – Association Professionnelle de Solidarité du Tourisme 15 avenue Carnot 75017 PARIS – FRANCE. Travelers can contact this organization or, where applicable, the competent authority if services are refused to them due to the insolvency of SO PROVENCE, SO ALPS SAS / FRANCE BY LOCALS. For more information regarding European travelers’ rights, you can consult the full text here: https://ec.europa.eu/info/files/en-order-no-2017-1717-package-travel-and-lta_en.
APPLICABLE LAW
The law governing these terms of use of the Site is French law for all disputes relating, in particular, to their validity, interpretation, execution, or termination. Any dispute relating in particular to the interpretation of the legal notices falls within the full and complete jurisdiction of the French courts.
EXCERPT FROM THE FRENCH TOURISM CODE
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 travel or stay services give rise to the delivery of appropriate documents that meet the rules defined in this section. The separate billing of the various elements of the same tourist package does not exempt the seller from the obligations imposed on it by the regulatory provisions of this section.
Article R211-3-1
The exchange of pre-contractual information or the provision of contractual conditions is done in writing. They may be done electronically under the conditions of validity and exercise provided for in articles 1369-1 to 1369-11 of the Civil Code. The name or corporate name and address of the seller, as well as its registration with the registry provided for in a of Article L.143-1 or, where applicable, the name, address, and registration of the federation or union mentioned in the second paragraph of Article R.211-2, must be mentioned.
Article R211-4
Before the conclusion of the contract, the seller must provide the consumer with information on the prices, dates, and other elements constituting the services provided on the occasion of the trip or stay, such as:
- Destination, means, characteristics, and categories of transport used;
- Accommodation mode, location, level of comfort, main features, certification, and tourist classification corresponding to the regulations or practices of the host country;
- Proposed catering services;
- Description of the itinerary when it is a circuit;
- Administrative and health formalities to be completed by nationals or nationals of another Member State of the European Union or a State party to the Agreement on the European Economic Area in the event, in particular, of crossing borders as well as their completion deadlines;
- Visits, excursions, and other services included in the package or optionally available for an additional fee;
- The minimum or maximum size of the group allowing the trip or stay to take place as well as, if the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or stay; this date cannot be set less than twenty-one days before departure;
- The amount or percentage of the price to be paid as a deposit upon conclusion of the contract as well as the payment schedule for the balance;
- The terms of price revision as provided for in the contract under Article R.211-8;
- Contractual cancellation conditions;
- Cancellation conditions defined in Articles R.211-9, R.211-10, and R.211-11;
- Information concerning the optional subscription of insurance covering the consequences of certain cancellations or a assistance contract covering certain specific risks, including repatriation costs in the event of accident or illness;
- When the contract includes air transport services, information for each flight segment provided for in Articles R.211-15 to R.211-18.
Article R211-5
The prior information provided to the consumer binds the seller unless, in it, the seller has expressly reserved the right to modify certain elements. In this case, the seller must clearly indicate to what extent this modification can occur and on what elements. In any event, modifications to the prior information must be communicated to the consumer before the conclusion of the contract.
Article R211-6
The contract concluded between the seller and the buyer must be written, drawn up in duplicate, one copy of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, articles 1369-1 to 1369-11 of the Civil Code apply. The contract must include the following clauses:
- The name and address of the seller, its guarantor, and its insurer, as well as the name and address of the organizer;
- The destination or destinations of the trip and, in the case of a split stay, the different periods and their dates;
- The means, characteristics, and categories of transport used, departure and return dates and locations;
- The accommodation mode, its location, level of comfort, main features, and its tourist classification under the regulations or practices of the host country;
- Catering services offered;
- The itinerary when it is a circuit;
- Visits, excursions, or other services included in the total price of the trip or stay;
- The total price of the services invoiced as well as any possible revision of this invoicing under the provisions of Article R.211-8;
- Indication, if applicable, of the fees or taxes relating to certain services such as landing, disembarkation, or boarding taxes at ports and airports, tourist taxes when they are not included in the price of the services provided;
- The schedule and terms of payment of the price; the last payment made by the buyer cannot be less than 30% of the price of the trip or stay and must be made when the documents allowing the trip or stay to be carried out are handed over;
- Any special conditions requested by the buyer and accepted by the seller;
- The terms under which the buyer can make a claim to the seller for non-performance or improper performance of the contract, a claim which must be made as soon as possible, by any means allowing a receipt to be obtained from the seller, and, where applicable, reported in writing, to the organizer of the trip and to the service provider concerned;
- The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the realization of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7° of Article R.211-4;
- Contractual cancellation conditions;
- Conditions of cancellation provided for in Articles R.211-9, R.211-10, and R.211.11;
- Details concerning the risks covered and the amount of the guarantees under the insurance contract covering the consequences of the professional civil liability of the seller;
- Information regarding the insurance contract covering the consequences of certain cancellations taken out by the buyer (policy number and name of the insurer) as well as information regarding the assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;
- The deadline for informing the seller in the event of the assignment of the contract by the buyer;
- The commitment to provide the buyer, at least ten days before the scheduled date of departure, with the following information:
- The name, address, and telephone number of the local representative of the seller or, failing that, the names, addresses, and telephone numbers of local organizations able to assist the consumer in the event of difficulty or, failing that, the emergency call number enabling urgent contact to be made with the seller;
- For trips and stays of minors abroad, a telephone number and address enabling direct contact to be made with the child or the person responsible for their stay on site;
- The termination and refund clause without penalties of the sums paid by the buyer in the event of non-compliance with the obligation to provide information provided for in 13° of Article R. 211-4;
- The commitment to provide the buyer, in good time before the start of the trip or stay, with departure and arrival times.
Article R211-7
The buyer may assign his contract to a assignee who meets the same conditions as him to make the trip or stay, as long as this contract has produced no effects. Unless a more favorable stipulation for the assignor, the latter must inform the seller of his decision by any means allowing a receipt to be obtained no later than seven days before the start of the trip. When it is a cruise, this period is extended to fifteen days. This assignment is not subject, in any case, to prior authorization from the seller.
Article R211-8
When the contract provides for an express possibility of revising the price, within the limits provided for in Article L.211-12, it must mention the precise terms of calculation, both upwards and downwards, of price variations, and notably the amount of transport costs and taxes relating thereto, the currency or currencies that may have an impact on the price of the trip or stay, the part of the price to which the variation applies, the exchange rate of the currency or currencies used as a reference when the price in the contract is established.
Article R211-9
When, before the departure of the buyer, the seller is required to make a modification to one of the essential elements of the contract such as a significant increase in the price and when he fails to comply with the obligation to provide information mentioned in 13° of Article R.211-4, the buyer may, without prejudice to claims for compensation for any damage suffered, and after having been informed by the seller by any means allowing a receipt to be obtained: · either terminate his contract and obtain immediate reimbursement of the sums paid without penalty; · either accept the modification or the substitute trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any decrease in price is deducted from the sums still due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the excess must be refunded to him before the date of his departure.
Article R211-10
In the event provided for in Article L.211-14, when, before the departure of the buyer, the seller cancels the trip or stay, he must inform the buyer by any means allowing a receipt to be obtained; the buyer, without prejudice to claims for compensation for any damage 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 borne if the cancellation had occurred at that date at his initiative. The provisions of this article in no way preclude the conclusion of an amicable agreement aimed at the buyer’s acceptance of a substitute trip or stay proposed by the seller.
Article R211-11
When, after the departure of the buyer, the seller is unable to provide a significant portion of the services provided for in the contract representing a non-negligible percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudice to claims for compensation for any damage suffered: · either propose replacement services for the services provided for, possibly bearing any additional price, and, if the services accepted by the buyer are of lower quality, the seller must refund him, upon his return, the difference in price · either, if he cannot offer any replacement services or if they are refused by the buyer for valid reasons, provide the buyer, at no extra charge, with transport tickets to ensure his return in conditions that may be considered equivalent to the place of departure or to another place accepted by both parties.
INTELLECTUAL PROPERTY
The website of SO PROVENCE, SO ALPS SAS / FRANCE BY LOCALS is a work of the mind protected by intellectual property law. The website and each of the elements that compose it (such as trademarks, logos, domain names, texts…) are the exclusive property of SO PROVENCE, SO ALPS SAS / FRANCE BY LOCALS, solely authorized to use the intellectual property rights. By accessing the website, the user is therefore granted a limited license to use the content of the website, non-exclusive and for private use only. Thus, the reproduction of any documents published on the website is only authorized for the exclusive purposes of information and for strictly personal and private use.
It is specified that the photos appearing in the description are only descriptive and not contractual.
Any reproduction, complete or partial modification of the website or any of its components, on any medium whatsoever, for purposes other than personal and private use, and in particular commercial purposes, is expressly prohibited, unless prior written authorization has been obtained from SO PROVENCE, SO ALPS SAS / FRANCE BY LOCALS.