In France, general terms of sale between the travel agents and their customers is governed by the Code of tourism. In accordance with these measures, the text of articles R.211-3 to R-211-11 appears on the contracts of registration and is summarized for information, in the present brochure.
Price. The prices indicated in our web site are current prices on February 01st, 2014. The prices are calculated in a fixed way including the services described in the present catalog. They are based on a number of at nights which do not correspond inevitably to a determined number of whole days. If because of the various constraints imposed by the carriers the first one and the last day were shortened, no repayment could take place. The duration of the stay includes in the daytime of the departure in France in the day of return in France.
The prices include explicitly all the services indicated on the web site, as well as harbour, airport taxes and the taxes of service and administration. They are calculated on the basis of a cabin (in base two people). The occupation of a cabin with individual use(custom) gives rise to the payment of a supplement according to the categories of cabins mentioned (see valuable board of prices and special offers), this according to the availability at the time of the reservation. The personal expenses (shops, gallery-photos, telephone communications, Internet, laundry), the expenses of visa, the optional insurances, the excursions, the access and the care to the Spa, the medical service, the casino, the expenses of visa, the optional insurances, the excursions, the access and the care to the Spa, the medical service, the casino, the consumptions not included in the formula, are generally excluded from fixed package.
The harbour taxes as well as amounts relative to the administrative formalities are the ones known on February 01st, 2014 and submitted to modification. Any variations the aforementioned amounts and the taxes, any variations of the exchange rate will entirely impacted on. In this case, the customer will be informed by registered letter with recorded delivery at the latest 30 days before the planned departure, according to the clauses of the article L.211-12 of the Code of tourism.
Navigation. The schedules of the stopovers are given only for information purposes and have no contractual value. Aboard our ships, only the Captain in charge of the security of the passengers is authorized to define the conditions of the navigation.
The navigation foreseen originally can be modified according to various climatic, meteorological factors or to force majeure. In these different cases, the navigation can register delays and\or the Commander can be brought to cancel stopovers and\or to modify the route, these measures being always taken with for end, the conservation of the safety of the passengers. These delays and modifications cannot give place to a some compensation. On the other hand, the organizer will try hard, if the conditions allow it, to elaborate a program of replacement.
The ship marketed by EUROPEAN blues CRUISE is officially named “Horizon”. Another boat can be substituted for them under conditions of membership in the same category or if need be in the superior category. The replacement from a ship to the other one can be operated following a technical average preventing the navigation or in case of sale of the ship operated by his owner.
Cancellation terms. In case of cancellation because of the customer, the table of expenses is the following one:
- of the 1st day after the sale in the 91th day before the departure: 250 € of administrative costs by cancelled passenger.
- of the 90th in the 31th day before the departure: 50 % of the settled amount exclusive taxes.
- of the 30th in the day of departure: 100 % of the settled amount.
Essential modifications. Any essential modifications of the contract of registration before the departure will be subjected to the capacities of the article L.211-13 of the Code of Tourism.
Payment terms. The modalities of payment those are indicated on the site EUROPEAN blues CRUISE.
Administrative formalities. The passengers will have to make their personal affairs of the procedures, the formalities and the other documents necessary for the journeys, in particular as regards the formalities concerned to the crossings of the borders.
Taxes of service and administration. They are included aboard the Horizon;
Pregnant women. The ship not being equipped for the medical aid during the pregnancy and the delivery, the pregnant women are authorized to make a cruise if they are pregnant with less than 24 past weeks in the day of the end of the cruise. All the pregnant women have to produce during the booking and during the loading a medical certificate giving evidence of their capacity to make the cruise.
Babies of less than 6 months. To protect their safety, the babies of less than 6 months at the time of the boarding are not accepted on board.
Civil liability. We are necessarily covered in professional civil liability by HISCOX Europe UNDERWRITING Ltd, HD IP6 2000880 police – RCP: limits 1.700.000€ – RCG: limit: 6.000.000€
Articles R.211-3 to R.211-11 of the Code of the tourism
Article R211-3. Subject to the exclusions planned in the third and fourth paragraphs of the article L. 211-7, any offer and any sale of services of journeys or stays give rise to the discount of appropriate documents which answer rules defined by the present section.
In case of sale of tickets aerial or of tickets on regular line not accompanied with services connected to these transport, the seller delivers to the buyer one or several tickets of passage for all of the journey, produced by the carrier or under its responsibility. In the case of demand responsive transport, the name and the address of the carrier, from which tickets are produced must be mentioned.
The invoicing separated from the diverse elements of the same tourist fixed package does not shield the seller from the obligations which are made for him by the regulatory measures of the present section.
Article R211-3-1. The exchange of precontractual information or the provision of the contractual conditions is made in writing. They can be made by electronic way in the conditions of validity and exercise planned to articles 1369-1 – 1369-11 of the civil code. Are mentioned, the name or the corporate name and the address of the seller, as well as, the indication of its registration in the register planned in has of the article L. 141-3 or, where necessary, the name, the address and the indication of the registration of the federation or the union mentioned in the second paragraph of the article R. 211-2.
Article R211-4. Before the conclusion of the contract, the seller has to communicate to the consumer the information about the prices, the dates and the other constituent elements of the services supplied on the occasion of the journey or of the stay such as:
1 ° The destination, the means, the characteristics and the categories of used transport;
2 ° The mode of residence, its situation, its level of comfort and its main characteristics, his probate and its tourist classification corresponding to the rule or to the manners of the host country;
3 ° The proposed services of catering;
4 ° The description of the route when it is about a circuit;
5 ° The administrative and sanitary formalities to carry out by the national or by the nationals of another member state of the European Union or of a State part in the agreement on the Space Economic European in case, notably, of clearing of the borders as well as their periods of accomplishment;
6 ° The visits, the excursions and the other services included in the fixed package or possibly available for an additional charge;
7 ° The minimal or maximal size of the group allowing the realization of the journey or the stay as well as, if the realization of the journey or the stay is subordinated to a minimal number of participants, the deadline of information of the consumer in case of cancellation of the journey or the stay; this date cannot be fixed unless twenty one days before the departure;
8 ° The amount or the percentage of the price to be paid as deposit in the conclusion of the contract as well as the calendar of payment of the balance;
9 ° The modalities of revision of the prices such as planned by the contract in application of the article R. 211-8;
10 ° The conditions of cancellation of contractual nature
11 ° The conditions of cancellation defined to articles R. 211-9, R. 211-10 and R. 211-11;
12 ° The information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or a contract of assistance covering certain particular risks, in particular the expenses of repatriation in case of an accident or disease;
13 ° When the contract contains services of air transport, the information, for every section of flight, planned to articles R. 211-15 in R. 211-18.
Article R211-5. The preliminary information made for the consumer commits the seller, unless in this one the seller expressly reserves the right to modify certain elements. The seller has, in this case, to indicate clearly to what extent this modification can intervene and on which element. Anyway, the modifications brought to the preliminary 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, established in two copies whom the one is hand over to the buyer, and signed by both parts. When the contract is concluded by electronic way, it is made application of articles 1369-1 – 1369-11 of the civil code.
The contract has to contain the following clauses:
1 ° The name and the address of the seller, his guarantor and his insurer as well as the name and the address of the organizer;
2 ° The destination or the destinations of the journey and, in case of split stay, the various periods and their dates;
3 ° The ways, the characteristics and the categories of the used transport, the dates and the places of departure and of return;
4 ° The mode of accommodation, its situation, its comfort level and its main characteristics and its tourist ranking by virtue of the regulations or the uses of the host country;
5 ° The proposed catering services;
6 ° The route when it is about a circuit;
7 ° The visits, the excursions or other services included in the total price of the journey or the stay;
8 ° The total price of the services charged as well as the mention of any possible reviewing of this invoicing by virtue of provisions of the article R. 211-8;
9 ° The mention, if necessary, license fees or taxes concerned to certain services such as taxes of landing, disembarkment or boarding in ports and airports, tourist taxes when they are not included in the price of one or several supplied services;
10 ° The calendar and the payment terms of the price; the last payment made by the buyer cannot be lower than 30 % of the price of the journey or the stay and must be made during the delivery of documents allowing to realize the journey or the stay;
11 ° The particular conditions asked by the buyer and accepted by the seller;
12 ° The modalities according to which the buyer can refer the seller of a complaint for non-performance or bad performance of the contract, the complaint which must be sent as soon as possible, by every possible means allowing to obtain an acknowledgment of receipt from it to the seller, and, if need be, indicated in writing, to the organizer of the journey and to the provider of concerned services;
13 ° The deadline of information of the buyer in case of cancellation of the journey or the stay by the seller in case the realization of the journey or the stay is connected to a minimal number of participants, according to the measures of 7 ° of the article R. 211-4;
14 ° The conditions of cancellation of contractual nature;
15 ° The conditions of cancellation planned to articles R. 211-9, R. 211-10 and R. 211-11;
16 ° The precision concerning the covered risks and the amount of guarantees in conformance with the insurance contract covering the consequences of the professional civil liability of the seller;
17 ° The concerning indications the insurance contract covering the consequences of certain cases of cancellation subscribes by the buyer (policy number and name of the insurer) as well as those concerning the contract of assistance covering certain particular risks, in particular the expenses of repatriation in the event of an accident or disease; in this case, the seller has to hand over to the buyer a document specifying at least the covered risks and the excluded risks;
18 ° The deadline of information of the seller in case of transfer of the contract by the buyer;
19 ° The commitment to present to the buyer, at least ten days before date planned for his departure, the following information:
A) The name, the address and the phone number of the local representation of the seller or, failing that, the names, the addresses and the telephone numbers of the local bodies susceptible to help the consumer in case of difficulty or, failing that, the telephone number allowing to establish urgently a contact with the seller;
B) For the journeys and the stays of minors abroad, a phone number and an address allowing to establish a direct contact with the child or the person in charge of its stay;
20 ° The clause of termination and repayment without penalties of the sums payed by the buyer in case of failure to the obligation of information planned in 13 ° of the article R. 211-4;
21 ° The commitment to present to the buyer, in good time before the beginning of the journey or the stay, times and departure of arrival.
Article R211-9. When, before the departure of the buyer, the seller is forced to bring a modification to one of the essential elements of the contract such as a significative increase of the price and when he not know the obligation of information mentioned in 13 ° of the article R. 211-4, the buyer can, without prejudging recourses in repair for damage possibly endure, and having been informed about it by the seller by every possible means allowing to obtain an acknowledgement of receipt from it:
- Either, to terminate its contract and to obtain without penalties the immediate repayment of the sums payed; – Or, to accept the modification or the substitution journey proposed by the seller; an additional clause to the contract specifying the brought modifications is then signed by the parties; any decrease comes in deduction of the sums staying possibly owed by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be restored to him before the date of its departure.
Article R211-10. In the case planned in the article L. 211-14, when, before the departure of the buyer, the seller cancels the journey or the stay, he has to inform the buyer by every possible means allowing to obtain an acknowledgement of receipt; the buyer, without prejudging recourses in repair of the damages possibly endure, obtains with the seller the immediate repayment and without penalties of the sums payed; the buyer receives, in this case, a compensation at least equal to the penalty which he would have supported if the cancellation had intervened in its fact at this date. The measures of the present article put on no account obstacle to the conclusion of a amicable agreement having for object the acceptance, by the buyer, of a journey or a substitution stay proposed by the seller.
Article R211-11. When, after the departure of the buyer, the seller is in the impossibility to supply a dominating part of the services planned to the contract representing a important percentage of the price honored by the buyer, the seller has to take at once the following measure without prejudging recourses in repair for damages possibly endure:
- Either to propose services as a replacement for planned services by supporting possibly any additional charge and, if the services accepted by the buyer are of lower quality, the seller has to pay off to him, as soon as his return, the price difference; – Or, if he can propose no service of replacement or if these are refused by the buyer for valid motives, to give to the buyer, without additional charge, tickets to secure his return in conditions which can be considered equivalent towards the place of departure or towards another place accepted by both parts. The measure of the present article are applicable in case of failure to respect the obligation planned in 13 ° of the article R. 211-4.