GENERAL CONDITIONS OF SALE FOR EXPLOR’IN FRANCE
The present General Conditions of Sale are applicable to all validated Client Orders as of 15th June 2019. The client accepts that s/he has been informed that the purchase of all Services implies the acceptance of the GCS contained herein.
Explor’in France designates the SAS Explor’in France with share capital of 10 000 euros, registered with the RCS of PAU under the SIRET number 850 605 171 00014 and whose Head Office is located at 6, rue de Castet de l’Array, 64000 PAU, represented by Marina Dal in her capacity as President.
Client : designates any person who is not a travel professional and who wishes to avail her/himself of the Services offered for sale by Explor’in France and who signs a contract on her/his own behalf and on that of the other participants.
Services : designates package services (holidays, excursions and tours), “miscellaneous” non-inclusive tourism services, non-inclusive transport services and the business trips offered for sale by Explor’in France.
GCS : designates the General Conditions of Sale.
Proposition/Estimate : designates all written documents by which Explor’in France offers a priced Service to the Client.
Order : designates all requests for reservation made by the Client and of which the availabililty is confirmed by Explor’in France.
Parties : designates Explor’in France and its Client.
ARTICLE 1 : ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The present GCS apply without restriction or reservation, to any Order for a Service made by a person who is not a professional of the travel industry and which is validated by Explor’in France.
The Client acknowledges that s/he has taken note of the present GCS, and accepts the the terms in their entirety.
The present GCS are communicated to every Client who requests them, and are an integral part of the sales contract.
Every order is regulated by the GCS in force on the day the reservation request is made.
Explor’in France reserves the right to derogate from certain of the present clauses, through special conditions specified in the context of the contract established with the Client.
ARTICLE 2 : DESCRIPTION OF SERVICES
The Services offered by Explor’in France tours and made-to-measure holidays to be organised according to the Client’s wishes at the time, as well as the sale of non-inclusive services (« miscellaneous »), non-inclusive transport and business trips.
The Client can request an Estimate from Explor’in France via the following internet site : https://www.explore-in-france.com or by applying directly to Explor’in France by telephone (+0033 6 62 76 29 49) or by e-mail (firstname.lastname@example.org).
A free Estimate can be given to the Client by Explor’in France without obligation to buy.
The Estimate will be accompanied by a form setting out obligatory information of which the Client must take note before accepting the said Estimate.
If the Estimate is accepted by the Client, Explor’in France will confirm all the Services offered by sending a contract detailing the Services, and the contact information of the partners selected by Explor’in France.
The conditions of payment are set out in article 3 of the present GCS.
15 to 10 days before the Client’s departure, Explor’in France will send her/him an e-mail with :
- the details of the holiday in a personalised roadbook
- the travel documents (e-ticket, vouchers, confirmation of reservation, …).
For airline tickets, the Client will have to check in on line on the airline company’s website or directly at the airport check-in desk.
ARTICLE 3 : TARIFFS
The prices of the Services are quoted in EUROS and calculated with all taxes included.
Prices are calculated to be all-inclusive, covering a group of Services offered in the Proposition/Estimate addressed personally to the Client. Only the Services explicitly mentioned in the Proposition/Estimate are included in the price. The following are NOT included in the price :
- personal expenses
- any excursions not included in the Services offered
- excess baggage charges
- any vaccination or visa costs that may be incurred
- any insurance not included in the estimate
The prices proposed for Services may vary according to the date of reservation by the Client, and/or the date on which the Service is provided.
The price of made-to-measure tours is quoted with an indication of the budget for the transport included.
The price of the Service will be that quoted on the personalised Proposition/Estimate given by Explor’in France and will be valid for a limited period which will be stated in the Proposition/Estimate.
Explor’in France provides Proposition/Estimates with a tariff applicable on the day that the Proposition/Estimate is prepared on condition that the Services offered are available.
Once the Proposition/Estimate has been validated by the Client, the latter will be bound contractually and will not be able to submit any objections in respect of the price of the Services.
The validation of the Proposition/Estimate by the Client must be accompanied by the payment of a deposit according to the procedure specified in Article 4.
The prices quoted include the special offers that Explor’in France may led to make.
ARTICLE 4 : PAYMENT METHODS AND TIME LIMITS
The payment services ordered is to be made in EUROS, either by bank transfer to the BNP PARIBAS account of Explor’in France or by remote payment by credit card with the Client being sent a secure payment link by email and SMS to the BNP PARIBAS secure payment website (3D Secure Mercanet-Paytweak)
Once the Proposition/Estimate has been accepted, for any booking made more than 30 days prior to the date the trip begins, the Client will be asked to pay:
- 40% deposit on the signing of the Proposition/Estimate in order to reserve the Services chosen by the Parties
- The balance at least 30 days before the departure date
For any booking made less than 30 days prior to the date the holiday begins, the Client will have to pay the full cost of the holiday.
Any delay in payment of a deposit and/or the balance of the cost, will be considered as a cancellation by the Client engendering cancellation fees mentioned in article 5 of the present GCS.
Every payment validated and banked by Explor’in France will be followed up by the sending of a receipted bill within the 15 days following the banking of the monies.
ARTICLE 5 : MODIFICATION, CANCELLATION, CESSION
5.1 Modification of the transport Service
After confirmation of the Order by Explor’in France, any modification in respect of transport is liable to incur extra costs, or even penalties which the Client will have to pay by the day prior to the day of departure at the latest. Insofar as some modifications not liable to change the nature of the Service could not be made for reasons beyond the control of Explor’in France (flights fully-booked, for example), this could in no way have the result of cancelling the Order.
5.2 Modification of other Services
5.2.1 Modifications on the Client’s part
After confirmation of the Order by Explor’in France, the costs involved in any request for modification of services will be at the Client’s expense and will have to be paid for at the latest before the day of departure. In default of this, no modification will be accepted by Explor’in France.
Any modification at the Client’s request before the date of departure will incur fixed charges of the sum of 50 euros per person, besides the actual costs incurred by Explor’in France on the Client’s behalf.
Insofar as some modifications not liable to change the nature of the Service could not be made for reasons beyond the control of Explor’in France, this could in no way have the result of cancelling the Order.
5.2.2. Modification initiated by Explor’in France
Explor’in France may be obliged to make minor modifications to the Services offered without this changing in any way the nature of the Service.
If the essential elements of the Service were to be modified before departure, Explor’in France will inform the Client of this and will offer her/him :
either the possibility of cancelling her/his holiday without charge
or the possibility of taking up another offer.
The client must communicate her/his choice in writing within 48 hours.
If the holiday is cancelled, the Client will have her/his payment returned within the following 14 days.
5.3 Cancellation of Services
5.3.1 Cancellation on the Client’s part
If the Client were to be obliged to cancel her/his holiday, s/he must inform Explor’in France as soon as possible by any written means enabling the cancellation date to be checked.
Cancellation on the Client’s part will render her/him liable to pay the following charges :
A set charge of 35 euros per client file in addition to the cancellation charges
Cancellation charges including transport by scheduled flight
More than 30 days before departure : 50%
From 30 to 15 days before departure : 80%
14 days or less before departure : 100%
Cancellation charges :
More than 30 days before departure : 30%
From 30 to 15 days before departure : 60%
From 14 to 8 days before departure : 80%7 days or less before departure : 100%
5.3.2. Cancellation on Explor’in France’s part
In conformity with the provision of Article R.211-10 of the tourism code, in so far as Explor’in France finds itself obliged to cancel the Services, the company will inform the Client of this.
Cancellation of the Service by Explor’in France will result in a full repayment of the monies paid by the Client.
The Client will not benefit from any form of compensation if the cancellation of the Service is due to exceptional circumstances such as :
weather events which may make it impossible to benefit from certain services for reasons concerning the safety of the travellers
war-related events, whether linked to civil or foreign wars ; acts of terrorism, riots, popular uprisings, coups d’état, hostage-taking or strikes.
5.4 Cession of contract
In accordance with article L.211-11 of the Tourism Code, the Client may cede her/his contract to a third party, provided that they inform Explor’in France of this in writing at least 7 days before the start of the holiday indicating precisely the name(s) and address(es) of the transferee(s) and of the participant(s), and showing that they fulfil the same conditions for making the trip.
The Client will then be liable to pay the actual costs borne by Explor’in France to enact this cession notably those incurred by the purchase of new airline tickets, plus a statutory flat-rate charge of 50 euros per person.
The cession of a contract could not be envisaged if the purchase of new airline tickets were rendered impossible for explor’in France (flights fully booked).
The transferor and transferee will be jointly responsible for the payment of any resulting balance of the holiday price and of the extra charges incurred by this cession.
The Client is informed that to the extent that flights may not be taken whatever the reason for their cancellation, Explor’in France will reimburse the airport taxes.
ARTICLE 6 : THE CLIENT’S OBLIGATIONS
The Client affirms that s/he has attained the legal age of majority and is legally capable of entering into a contract. S/he furthermore guarantees the exactitude of the information s/he has provided.
It is imperative that the Client inform her/himself as to the formalities s/he must complete if s/he comes from a foreign country and is not from a European Union country, notably as regards the obtaining of a visa.
All foreign nationals who wish to come to France must be able to show at the border the regulation proofs relating to the purpose of their stay, to their means of support, to their conditions of accommodation and guarantees of repatriation.
All foreign nationals from a country outside the European Union not requiring a visa to be obtained, will have to prove that they have sufficient liquid resources available to cover any medical charges and repatriation costs they may have to meet.
The Client must also ensure that s/he is in possession of a passport or identity card which is valid at the moment of confirmation of her/his Proposition/Estimate.
The Client must furthermore provide her/himself with all the necessary documents and ensure that they conform to the requirements for entry to French territory.
Explor’in France cannot be held liable for any lack of due diligence on the part of its Client.
Any non-conformity noticed by the Client during the execution of the Services ordered will have to be the subject of a declaration made to Explor’in France whose contact details figure on the contract in order to enable Explor’in France to react as quickly as possible. Failure to report a non-conformity to the contract may have an influence on the amount of any resulting damages or price reduction due if the reporting of it without delay could have avoided or lessened the prejudice to the Client.
Any claims that may arise can be addressed after the holiday by the Client to the Service Client of Explor’in France : 6 rue Castet de l’Array, 64000 PAU as soon as possible after the Client’s date of return, accompanied by the necessary proofs.
ARTICLE 7 : RESPONSIBILITY OF EXPLOR’IN FRANCE AND GUARANTEES
Certain Services offered to the Client represent a package deal in the sense of the European directive 2015/2302 and of the article L.211-2 II of the. In respect of this, the Client benefits from all the rights granted by the European Union applicable to package deals, as these are defined in the Tourism Code. Explor’in France shall be entirely responsible for the correct execution of the package in its entirety.
Moreover, as the law requires, Explor’in France is properly covered in order to be able to cover repayments and, if transport is included in the package, to cover the repatriation of the Client in the case that s/he should become insolvent.
Explor’in France cannot be held responsible for the consequences of the following events :
- Loss or theft of the Client’s transport tickets or luggage
- Default of presentation by the Client of the administrative documents necessary to enable the execution of the Service
- Lateness of the Client
- Unforeseeable events such as war, political troubles, strikes, incidents over which Explor’in France has no control, bad weather
- Cancellation enforced for security reasons by the administrative authorities. In this specific case, Explor’in France reserves the right to modify the dates of the trip without any possible recourse for the Client
The Client can take out a travel insurance policy covering Cancellation/Assistance/Repatriation so that s/he is covered if such unforeseeable events should occur. The taking out of an insurance policy is recommended in the Proposition/Estimate established by Explor’in France.
In the case that the responsibility of Explor’in France is engaged because of the actions of its service providers, Explor’in France’s financial liability will be limited to to three times the total cost of the Service.
Explor’in France possesses an official tour operator’s licence issued by Atout France, the French tourism development agency, the French State operator in matters of tourism. (registration number – IM064190006).
Explor’in France fulfils the necessary conditions for all tour operators :
- a financial guarantee in respect of the moneys deposited with it by the public, provided by the APST (15, avenue Carnot, 75017 PARIS)
- a professional civil liability insurance, taken out with ALLIANZ (79, avenue des Lilas, 64000 PAU).
ARTICLE 8 : RIGHT OF WITHDRAWAL
The client is informed that he does not benefit from any right of withdrawal and this, in conformity with the article L.121-20-4 of the Consumer Code.
ARTICLE 9 : PERSONAL DATA
The Client’s personal data collected by Explor’in France is necessary for the treatment of Orders and is treated in respect of the regulation governing Orders. It consists of the Client’s contact details and those of all the participants : name, first name, postal address, date of birth, passport number, date of validity and the country issuing the passport, identity card number, date of validity of the latter and other data necessary to organise and operate the Service (special dietary requirements, for example).
This data may be transmitted to Explor’in France’s service providers with the sole aim of meeting the Client’s contractual expectations.
The Client can request access at any moment to the personal data concerning her/him, its rectification, and its removal to the extent that this does not prevent the correct execution of the Services taking place. The Client also benefits from the right to modify or withdraw, at any moment, the agreement given to Explor’in France for the treatment of her/his personal data.
The Client may oppose the treatment of her/his personal data and of the right to its portability, within the conditions fixed by the European Regulation. For this, the Client should contact Explor’in France by e-mail at the following address : email@example.com or by post to the following address : Société Explor’in France, 6 rue Castet de l’Array, 64000 PAU.
If no reply is received, or it is unsatisfactory, the Client has the possibility of recourse to the CNIL at the following address : https://www.cnil.fr/.
The Client can also place her/himself on a list refusing prospection by telephone in accordance with the provisions of article L.223-2 of the Consumer Code.
ARTICLE 10 : PARTIAL INVALIDATION
If one or several stipulations in the present GCS are held to be invalid or are declared to be so in the application of a law, regulation or following a definitive decision by the courts, the other stipulations wil retain all their force and scope.
ARTICLE 11 : NON RENUNCIATION
The fact that one of the parties does not claim against a failure by the other party to meet any one of the obligations mentioned in the present GCS could not be interpreted at a later date as a renunciation of the obligation in question.
ARTICLE 12 : COMPETENT JURISDICTION IN CASE OF DISPUTE
The law governing the present GCS is French law.
After having contacted the Client Service, and not having obtained a satisfactory outcome or in the absence of a reply within a period of 60 days, the Client can make a formal complaint to the Tourism and Travel Mediator, whose contact details and the methods of referral are available on the dedicated website www.mtv.travel.
The Client also benefits from the possibility of access to the following on-line platform for settling disputes : https://ec.europa.eu/consumers/odr/main/index.cfm?
In default of complaints being resolved by mediation, such complaints will be brought to the attention of the competent tribunals of common law.