Condition de vente

 

TERMS AND CONDITIONS OF SALE OF THE RISOUL TOURIST-CENTRE RESERVATION SERVICE
 
1. PURPOSE AND SCOPE
1. These Terms and conditions of sale constitute the full and complete sales conditions for package holidays organised using the Risoul reservation service, a non-profit association.
Prefectural authorisation no. IM005130011
Financial guarantee: 63 200 euros
Civil-responsibility coverage: Groupama contract no. 36022830F/1023
 
2. Reservation and payment of package holidays via the Risoul reservation service, whether using the internet site www.risoul.com or by telephone, implies full and complete acceptance of these Terms and conditions by the customer.
Reservation of a package holiday using the internet site implies full and complete acceptance by the customer of the Internet-site terms and conditions as well and they may be viewed in the Legal section of the site.
 
2. DEFINITIONS
In this document, the terms below are defined as follows.
"Reservation service" means the reservation service organised by the Risoul tourist centre, as identified in section 1.1. above.
"Customer" means a natural person, identified in the Specific terms, purchasing a package holiday via the reservation service.
"Owner" means the supplier of the lodging (hotel, furnished apartment, holiday rental, etc.) selected and reserved by the customer.
"Service provider" means the supplier of a service (rental equipment, ski school, etc.) that the customer may purchase in addition to lodging.
"Package holiday" means the lodging in any of the categories available in the town of Risoul, and may include any additional services (ski tickets, equipment rental, ski school, etc.), listed on the www.risoul1850.com internet site and that the customer may select and reserve via the reservation service.
"Internet site" means the internet site of the reservation service and the Risoul tourist centre, at the address www.risoul1850.com.
 
 
3. CONTRACTUAL DOCUMENTS - CONFORMITY REFERENCE DOCUMENT
1. The contractual documents consist of, in decreasing order of priority:
- the Specific terms, including at least the information below:
      . dates and place of the package holiday;
      . type of lodging, class, main characteristics;
      . total price of the services billed;
      . any additional services included in the package holiday;
      . any services, fees and taxes not included in the package holiday;
      . any specific terms requested by the customer and accepted by the reservation service.
The Specific terms constitute the Conformity reference document for the services offered by and for the package holiday sold to the customer by the reservation service.
 
- these Terms and conditions of sale.
 
2. The above documents contain all the obligations of the signing parties and form an inseparable contractual set, in compliance with the provisions of French law no. 92-645, voted 13 July 1992, and its implementation decree no. 94-490, dated 15 June 1994, setting the operational conditions for activities dealing with the organisation and sale of travel services and package holidays.
Should a contradiction arise between the two documents and unless otherwise stipulated, the higher priority document, i.e. the Specific terms, shall prevail in interpreting the obligations of the parties.
Unless specifically agreed by the parties, no other terms appearing in any documents sent or exchanged between the parties shall be considered part of this contract.
 
3. In compliance with article 104 of the implementation decree no. 94-490, articles 95 to 103 of said decree are appended in full (in French) to these Terms and conditions of sale.
 
4. SERVICES PROVIDED BY THE RESERVATION SERVICE
1. The reservation service provides reservations for different categories of lodging in the town of Risoul and for accessory and optional services as listed on the www.risoul.com internet site.
2. The customer may reserve a package holiday in Risoul via the internet site or by telephone at the numbers listed in section 12.1. of this document.
3. Whatever the means by which the reservation is made, the customer shall have access to a reserved part of the internet site to consult and manage all information concerning the package holiday.
In particular, via the internet site, the customer shall have access to:
-              a detailed presentation of the reserved package holiday;
-              all bills for the reserved lodging and services.
4. The customer shall gain access to the reserved part of the internet site by entering the user code and confidential password sent to the customer's e-mail address by the reservation service when the reservation is confirmed.
5. In compliance with article L. 121-20-4 of the Consumer code, in that this contract concerns lodging and, where applicable, recreational services, the right to retract instituted for home shopping by article L. 121-20 does not apply.
 
5. GUARANTEES AND RESPONSIBILITY
 
1. The service provider must, in compliance with the obligations undertaken in this contract, make all reasonable efforts to provide the reserved services.
 
2. The service provider guarantees that the services comply with those stipulated in the Conformity reference document (the Specific terms).
 
This guarantee of conformity covers exclusively the correspondence between the service provided, on the one hand, and the information and characteristics presented in the Conformity reference document, on the other.
 
3. The reservation centre makes every effort to provide customers, via the internet site, with the most reliable and high-quality information possible on lodging and other services.
It should be noted, however, that photographs, illustrations and visual elements used to present lodging proposed by the reservation centre are not guaranteed and have no contractual value. The same holds for lodging descriptions (size, layout, etc.) which are drafted for each type and category of lodging, i.e. there may be minor differences between two accommodations of the same type.
4. Pursuant to article 23 of French law no. 92-645, voted 13 July 1992, the reservation centre is by law responsible with respect to the customer for correct provision of the services sold.
 
5. If the customer is of the opinion that the reservation centre and/or owner and/or service provider did not fulfil its/their obligations as stipulated by this contract, or that said obligations were incorrectly or poorly fulfilled, the customer may file a complaint by sending a registered letter with signed receipt to the reservation centre.
6. In the event an owner and/or one or more service providers do not fulfil their obligations or in the event of external constraints or force majeure, the reservation centre shall propose to the customer another solution having characteristics as close as possible to those of the reserved service or package holiday.
Concerning lodging alone, if the reservation centre cannot propose another solution with equivalent characteristics, but only in a different type or lower category of lodging, the customer may accept the latter solution and receive a reimbursement for the difference in price between the latter solution and that initially reserved.
If the customer refuses the proposed solution or if the reservation centre cannot propose another solution, the customer shall be fully reimbursed for all payments made for the package holiday, or for any accessory services if the problem concerns only those services, but no other compensation of any type shall be made.
 
6. FINANCIAL CONDITIONS
 
1. Prices indicated by the reservation centre include all taxes and fees, except the following:
- registration fees and optional insurance costs that are payable at the time of reservation;
- deposit required for furnished rentals.
 
2. Full payment for all services (lodging and others) is mandatory one month before your arrival.
For any booking, made 30 days before your arrival date, the total price has to be paid by credit card.
 
When payment is made using a bank or credit card via the Crédit Agricole site, the reservation centre guarantees the security and confidentiality of the user's data.
 
The reservation centre has selected the TLS protocol, which ensures the reliability of data exchanges and transactions by encrypting all personal data required for the reservation, including postal and electronic addresses, banking data, etc., at the time it is entered on the user's computer. The customer's banking data is thus encrypted and transmitted directly to the Crédit Agricole bank, via a secure connection, without transiting via the Risoul internet site.
3. If the customer does not wish to pay by internet and only after having received confirmation that the desired package holiday is in fact available, he/she may contact the reservation centre by telephone (+33 (0) 4 92 46 10 00) during office hours and make the payment by orally transmitting to the operator the bank or credit card data.
To accelerate the procedure, the customer shall indicate the registration number provided on the internet site.
4. The customer may also request that the registration and package-holiday file be sent by post to his/her home. The file must then be filled out, signed and sent back to the reservation centre (see address in section 12.1.), with a bank check for the full amount due for the package holiday.
Whatever the means used by the customer to reserve and pay, the reservation centre shall confirm the reservation to the customer only once the funds have been received and shall automatically send an e-mail to the customer, containing a detailed presentation of the reserved package holiday and the bank transaction. The e-mail shall also contain the coupon(s) that the customer must print and give to the owner and each service provider to obtain the corresponding services.
 
5. The reservation centre reserves the right not to process a reservation for which the payment was not authorised by the banking services.
 
7. MODIFICATIONS AND CANCELLATION OF THE PACKAGE HOLIDAY
 
1. Requests to modify a package holiday in part or in whole must be sent in writing to the reservation centre and are subject to its prior and explicit agreement. The reservation centre may, depending on the type and degree of the modifications, require additional payment.
 
In addition, the reservation centre shall collect a fee of 15 euros including VAT for the processing of the request.
2. In the event of a late arrival, early departure or a number of participating persons less than indicated in the Specific terms and on the coupons, no reimbursement shall be made.
If, on the first day of the package holiday, a number of persons greater than indicated on the coupon arrives at the lodging, the owner may refuse entry to the lodging or require immediate payment of a surcharge.
3. Requests to cancel the package holiday necessarily cover the entire package holiday (lodging and any accessory services) and must be made in writing to the reservation centre which shall apply the conditions below.
  - If the cancellation request is made more than 60 days before the beginning of the package holiday, 75% of the amounts paid shall be reimbursed, with the exception of the amounts paid for the cancellation insurance and the registration fee, and a 20 euro (incl.VAT) cancellation fee.
  - If the cancellation request is made 31 to 60 days before the beginning of the package holiday, 50% of the amounts paid shall be reimbursed, with the exception of the amounts paid for the cancellation insurance and the registration fee, and a 20 euro (incl.VAT) cancellation fee.
  - If the cancellation request is made 17 to 30 days before the beginning of the package holiday, 25% of the amounts paid shall be reimbursed, with the exception of the amounts paid for the cancellation insurance and the registration fee, and a 20 euro (incl.VAT) cancellation fee.
  - If the cancellation request is made between 16 days and the day before the beginning of the package holiday or if the customer does not appear on the first day of the package holiday, nothing shall be reimbursed.
The date taken into account for the cancellation request shall be that on which the reservation centre receives a fax or registered letter. Customers are advised that it is possible to take out an insurance policy to cover, under certain conditions, the costs involved in a cancellation.
 
8. CANCELLATION INSURANCE
 
1. The customer may take out an optional insurance policy, provided by the reservation centre, to cover, under certain conditions, the reimbursement of costs in the event of a cancellation.
 
2. The insurance premium must be paid in full at the time the package holiday is reserved and may not under any conditions be reimbursed.
 
3. The main characteristics of the optional insurance contract offered by the reservation centre are presented below. The customer is advised that the reservation centre acts solely as an intermediary between the customer and the insurance company, whose relations are limited to the separate insurance policy appended to this document if the customer decided to take out the insurance policy.
 
- SAM LOISIRS  insurance company
- Contract no. 4178
 
9. DEPOSIT
For rentals of furnished lodging, with the exception of hotels and "chambres d'hôte", a deposit shall be payable to the owner on entering the premises.
The deposit shall be returned to the customer at the latest two weeks following the inspection of the premises at the end of the package holiday. The owner is entitled to deduct from the deposit an estimated amount corresponding to any necessary repairs and damage, and to cleaning costs if the premises, at the time vacated, were not sufficiently orderly and clean.
 
10. TRANSFER OF CONTRACT
 
The customer may transfer this contact and the corresponding package holiday to any person of his/her choice meeting the conditions required for the package holiday, on the condition that the reservation centre be informed at least one week prior to the start of the package holiday by registered letter with signed receipt.
 
11. PERSONAL INFORMATION
 
1. In compliance with the French law dated 06 January 1978, the customer has a right to access, modify, correct and delete any personal information pertaining to the customer.
To that end, he/she must simply send a letter or e-mail to the reservation centre (see section 12.1. below).
2. The customer's personal information collected via form documents and any future information is for use exclusively by the reservation centre and by the concerned owner(s) and service provider(s) in the framework of the package-holiday reservation process and in supplying the lodging and other services included in the package holiday.
3. The information shall not be transmitted or transferred to third parties other than the technical service providers in charge of managing the various services in the package holiday. They undertake to maintain the confidentiality of the information and not to use it for any purposes outside their specific technical mission.
4. The customer information may be used to reinforce and personalise communication efforts addressing the customer, notably newsletters to which the customer may subscribe.
5. The reservation centre shall conserve the customer's personal information on its servers and undertakes to ensure the confidentiality of the information which shall be held for three (3) years following the end, for whatever reason, of the present contract.
 
12. MISCELLANEOUS
 
1. Contact data
Customer service is available for all information and questions:
- preferably via e-mail at resa@risoul.com
- or by post to CENTRALE DE RESERVATION DE RISOUL - OFFICE DU TOURISME DE RISOUL - Station Risoul 1850 - 05600 RISOUL
- Tel. +33 (0)4 92 46 10 00, Monday to friday, 9.00 - 12.00 and 13.00 - 17.00  
2. Modifications to the contract
The reservation service may unilaterally modify these Terms and conditions of sale, notably if changes in the technical, legal or jurisprudential situation occur, or if new services are offered.
However, said modifications shall not apply to customers who reserved their package holiday prior to the date that the new terms entered into force.
 
3. Nullity
In the event a clause or provision in this contract is considered invalid in light of a present or future law or regulation, or a legal decision having res judicata and rendered by a competent court or organisation, said clause or provision shall be considered null and void, however all other clauses and provisions in this contract shall continue to bind the parties.
 
 
4. Non-waiver provision
The fact that one or the other of the parties to this contract does not, at any given time, make use of a clause or provision in this contract does not constitute grounds to consider that the party waived the rights derived from said clause or provision.
 
5. Domiciliation and contact information
For the purposes of this contract, the commercial parties shall be domiciled at their registered offices, the customer at his/her official residence.
In the framework of the reservation procedure for the package holiday, the customer undertakes to provide the reservation centre with accurate and sincere information. Furthermore, the customer shall regularly check the relevant data and, where applicable, provide the reservation service with updated information.
 
The reservation service hereby alerts the customer to the importance of providing the reservation service with a valid e-mail address that the customer regularly consults and of immediately informing the reservation centre of a change in the e-mail address.
 
All e-mail sent by the reservation centre to the indicated e-mail address shall be considered received and read by the customer, who undertakes to consult the messages sent to the e-mail address regularly and, where applicable, respond quickly.
 
13. APPLICABLE LAW AND COMPETENCE CLAUSE
This contract and all aspects of its interpretation are subject exclusively to French law.
In the event of conflict in the execution and/or interpretation of these Terms and conditions of sale, the French version shall be the sole and unique authentic text used for their interpretation. The parties hereby agree to make every effort to settle the matter amicably prior to initiating legal proceedings before the competent court.
 
IN THE EVENT THE CUSTOMER IS A LEGAL ENTITY, THE LITIGATION SHALL BE BROUGHT BEFORE THE COMPETENT COURT WITHIN THE JURISDICTION OF THE GRENOBLE COURT OF APPEALS, WHETHER OR NOT THERE BE MORE THAN ONE DEFENDENT OR PROCEEDINGS AGAINST A GUARANTOR.
 
APPENDIX
Articles 95 to 103 of the implementation decree no. 94-490, dated 15 June 1994, issued in application of French law no. 92-645, voted 13 July 1992, setting the operational conditions for activities dealing with the organisation and sale of travel services and package holidays (in French).