CONDITIONS OF SALE
GENERAL CONDITIONS OF SALE GOVERNING RELATIONS BETWEEN TRAVEL AGENCIES AND THEIR CUSTOMERS (ANNEX TO THE ORDER OF 14 JUNE 1982 – J.O. OF 27 OCTOBER 1982)
Art. 1 – The travel agency holds a licence issued by the administration, to which certain obligations are attached. The travel agent who makes an offer and receives the registration of a client for services referred to in
Article 1 of the law of 11 July 1975 is liable for any breach of one of his obligations, which he is required to fulfil diligently, in particular by ensuring the safety of travellers. He is responsible for the organisation of the trip or stay and for its proper execution, with the exception of cases of force majeure, fortuitous events or acts of third parties unrelated to the provision of the services provided for in the travel contract. The travel agent’s failures resulting from his own actions or those of service providers provided in the document referred to in article 2 below are covered by professional civil liability insurance for the risks defined by articles 22 and following of decree n° 77-363 of 28 March 1977 and by a financial guarantee for the risks defined in articles 10 and following of the same decree.
Art. 2 – Any sale of holiday or travel services shall give rise to the issue of an appropriate document. In the case of the sale of an air transfer ticket accompanied by services related to this transport, each customer shall be issued with one or more tickets for the entire journey issued by the air carrier or under its responsibility. In the case of chartered flights, tickets issued by travel organisations which indicate the name of the carrier on whose behalf they are issued may be used in the alternative.
Art. 3 – In case of sale of several services linked to the same trip or stay, the travel agent delivers to each customer a contractual document signed at the time of registration which indicates the precise characteristics of the trip or stay, in particular the day and, if possible, the approximate time of departure and return; the points of departure and return; the modes and categories of transport and accommodation; the itinerary of the tours; if necessary, the minimum or maximum size of the group. The following must also be indicated: the name and address of the insurer and the guarantor of the reselling travel agent; the name or brand of the organising agency; the price of all the services offered; the terms of payment; the contractual or regulatory cancellation conditions and in particular those relating to the advertising of travel and holiday prices adopted by virtue of Ordinance No. 45-1483 of 30 June 1945; a reminder of the existence of optional insurance contracts covering the consequences of certain cases of cancellation. Where the trip or holiday is subject to a minimum number of participants, this condition is indicated as well as the date beyond which no cancellation based on the insufficient number of participants may be made. This date may not be less than twenty-one days before departure.
In addition, the travel agent must inform the customer of the various administrative and health formalities necessary for the execution of the trip or stay in force at the time of registration and whose fulfilment is the responsibility of the customer; he must mention them in the contract provided for in paragraph 1 of this article. For his part, the customer must draw the attention of the travel agent to any decisive element of his choice, to any particularity concerning him likely to affect the progress of the journey or stay; he must do so in the contract provided for in paragraph 1 of this article. Where the customer has taken out an insurance policy covering the consequences of cancellations resulting from certain causes, a document specifying at least the risks covered and the risks excluded shall be attached to the contract. Where the services include an air journey, the travel documents shall include for each customer one or more tickets issued in accordance with the conditions laid down in Article 9.
Art. 4 – When the travel or stay documents are handed over, the client will receive an assessment form on which he can note or have noted any breaches of the obligations provided for. A provision in this document will advise the customer to collect as much evidence as possible of these failures. Any complaint relating to a t rip or stay must be sent as soon as possible by registered letter with acknowledgement of receipt to the travel agency with which the contract is concluded.
Art. 5 – The price indicated at the time of registration is the total price that will be paid by the client: however, particular conditions of price revision may be provided for in accordance with the legislative or regulatory provisions, notably those relating to the advertising of prices of trips or stays taken by virtue of order no. 45-1483 of 30 June 1945. In the event of a price revision, the justification for the changes made as well as the regulatory texts authorising them are provided.
Art. 6 – In the payment methods provided for in Article 3, the last payment cannot be less than 30% of the total price of the trip or stay and must be made when the documents enabling the trip or stay to be carried out are handed over.
Art. 7 – In the event that the trip or stay is cancelled by the travel agent for any reason whatsoever, the client, without prejudice to any recourse for compensation for damages, will obtain immediate reimbursement of all sums already paid. The client will receive compensation equal to the penalty that he would have incurred if the cancellation had been made by him on that date, except when the cancellation is imposed by circumstances of force majeure, or by the safety of the travellers or is due to the insufficient number of participants as specified in the contract provided for in Article 3.
Art. 8 – When, before departure, the trip or stay is modified by the travel agent in essential respects, the client, without prejudice to any recourse for compensation for any damage suffered, may, within a period of seven days of being informed: either terminate his reservation under the conditions provided for in Article 7; or accept to participate in the modified trip or stay: an amendment to the contract provided for in Article 3 will then be presented for his signature specifying the modifications made and the reduction or increase in the price that these entail.
Art. 9 – When, after departure, the trip or stay is modified by the travel agent in essential elements, the customer may, upon his return, request reimbursement of the services not performed and not replaced, without prejudice to any recourse for compensation for any damage suffered. The customer may not, without the prior agreement of the organiser, change the course of his trip or stay. The costs of unaccepted modifications remain entirely at the customer’s expense, without the customer being able to claim reimbursement for services not provided as a result of these modifications.
PRICE CHANGES: In the event of a change in currency parities or a change in transport prices since the reference date in the brochures or tariffs, these may be recovered from the customer. The resulting price change will be the subject of a supporting statement given to the customer. No change in price due to these variations may be made less than thirty days before departure. Any client may cancel his registration if the increase provided for above exceeds 10% of the price of the trip and/or stay. This cancellation shall be made at no cost to the client and without the client being able to claim any compensation from the travel agency as a result.
ATTRIBUTION OF JURISDICTION: Any dispute or litigation must be submitted to the jurisdictions in which the company’s registered office is located.
SPECIAL CONDITIONS OF SALE
Travel 2021-2022 packages and prices valid from 1 January 2021 to 30 June 2022
REGISTRATION: All registrations must be accompanied by a minimum deposit of 40% of the total cost of the trip (50% for boat/rail cruises). The balance must be paid 30 days before departure (60 days before departure for trips with special cancellation conditions) and without any reminder from us. If you register less than 30 days before departure (60 days before departure for trips with special cancellation conditions), the full amount of the trip must be paid at registration. If your balance is not received within the required time, your registration may be cancelled and subject to the usual cancellation conditions.
PRICES: Our prices have been calculated according to the rates of the land and air service providers known on 1 December 2020 and the exchange rates published on that date. They are therefore subject to change according to variations in currency rates, transport costs, taxes and fees. As airlines reserve the right, after a certain period of time, to close availability on a particular booking class, it is possible that at the time of your registration there are no more seats available in that class, or even on the airline itself. In this case, we may have to offer you a different price from the one published in our brochure.
In addition, as some musical events and their prices are not definitively fixed at the time of going to press, the programmes and prices are subject to change.
The prices include, in addition to the amount of the services listed in each programme, our organisation costs and commercial margin. This is a fixed price which cannot be detailed. No dispute concerning these prices can be taken into consideration upon return. It is the client’s responsibility to assess whether the price is suitable before departure.
CANCELLATION: All cancellations must be made by registered letter with acknowledgement of receipt. The date of receipt of the letter will be taken into account for any refunds. Payments made will be reimbursed, after deduction of the following deductions and, where applicable, the insurance premium, which is non-refundable:
- more than 60 days before departure: 7% of the cost of the trip, with a minimum of 150 euros per person,
plus the cost of tickets for shows and flights or train tickets, which are non-refundable. – 60 to 31 days before departure: 30% of the cost of the trip, with a minimum of 250 euros per person, plus the cost of non-refundable tickets. – 30 to 21 days before departure: 60% of the cost of the trip, plus the cost of the tickets for the show and the plane or train tickets, which are not refundable.
- from 20 days to the date of departure: 100% of the cost of the trip.
Trips with special cancellation conditions (trips outside the European Union, boat/rail cruises, Salzburg, Bayreuth):
- more than 90 days before departure: 30% of the cost of the trip, plus the cost of non-refundable tickets for shows and flights or trains. –
90 to 61 days before departure: 60% of the cost of the trip, plus the cost of non-refundable tickets for shows, flights or trains.
- from 60 days to the date of departure: 100% of the cost of the trip.
In the event of cancellation, any costs incurred by the client outside the trip (transport to the place of departure, visa, vaccination, etc.) will not be reimbursed.
CANCELLATION OR MODIFICATION DUE TO THE FUGUE: Prior to registration, the organiser reserves the right to modify the content of the services described in the programme, particularly in the event of overcrowding in a hotel or changes to the opera programme. After registration, the organiser reserves the right to modify the content of the services provided for in the contract in the event of force majeure or the actions of a third party. The prices of this programme are calculated on the basis of a minimum group size of 20 persons. If the required number of participants is not reached, the organiser reserves the right to cancel the trip (up to 30 days before departure) by refunding the total amount of the package without compensation to the client or to ask the participants to pay a supplement to the price to ensure the departure. In this case, the persons registered for the trip may cancel, free of charge, within a week.
INSURANCE: Repatriation assistance is included in our trips and cannot be deducted. An optional multi-risk insurance can be taken out on request at the time of registration. It includes cancellation, interruption of stay, luggage, travel accident, traveller’s civil liability, search and rescue expenses.
These contracts include limitations of guarantees, exclusions, excesses, etc. We invite you to read them carefully. It is your responsibility to contact the insurance company personally before or during your trip in order to activate your insurance contract.
LIABILITY: The organiser guarantees the customer the satisfactory execution of the planned trip, within the limits of the guarantee due by the service providers involved in the execution of the trips. These service providers retain, with respect to any traveller, the responsibilities specific to their activities under the terms of the statutes governing them. Thus, the organiser is not liable for the most common cases:
- Change of musical programme or distribution. The cast mentioned in our brochure is the one known at the time of On the other hand, in the case of cancellation of shows (strike or other), only the price of the tickets will be reimbursed, without this giving rise to the cancellation of the trip itself without charge. –
Failure to present or presentation of expired or insufficiently valid identity and/or health documents (identity card, passport, visas, vaccination certificate, etc.) or documents that do not comply with the prescribed formalities. In the event of failure to register (including late boarding), 100% of the total amount of the trip will be retained and cannot be covered by the cancellation guarantee. The organiser cannot be held responsible for the customer’s failure to check in at the place of departure of the trip due to a delay by air, rail or land, even if this delay is the result of a force majeure event such as bad weather, an act of God or the actions of a third party, or social unrest. In the case of pre- and post- transportation by you, we recommend that you purchase modifiable and refundable services and that you allow reasonable time between airports/stations. La Fugue can act as an agent for the client to purchase a ticket individually from the airline chosen by the client. This independent service excludes any liability that may be based on the failure of the airline.
- Accidents of various origins in the context of non-compliance with safety instructions.
- Incidents or unforeseeable and insurmountable events caused by a third party outside the organiser, such as: wars, political unrest, strikes, technical incidents, airspace congestion, bad weather, delays (including delays in mail services for the transmission of travel documents), breakdowns, loss or theft of luggage. The cases referred to above, as well as any changes to the itinerary that may result from them, may not give rise to any compensation whatsoever, in particular as a result of a change in the duration of the programme initially planned or a delay in a connection. Any additional costs related to a disruption (tax, hotel, parking, ) will be borne by the client.
If, after having contacted us, you feel that your “Data Protection” rights have not been respected, you may submit a complaint to the CNIL.
LA FUGUE, S.A.S. with a capital of 39,000 euros. R.C. PARIS 322 749 904. IM 075110231. APST
guarantee. Professional Civil Liability: Hiscox France – Policy HA RCP0318488Travel insurance
: PRESENCE. Repatriation assistance: contract n° AX2020242. Multi-risk travel cancellation insurance: contract n° 6265