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Our general terms and conditions of sale are in compliance with
the provisions of Decree No. 94-490 of 15 June 1994 in application
of Article 31 of Law No. 92-645 of 13 July 1992 setting the conditions
governing the exercise of activities related to the organization
and sale of travel and lodging. In order to comply with the legal
provisions, we hereby reproduce articles 95 to 103 of this decree:
Art. 95 - Subject to the exclusions provided in the second
paragraph (a and b) of Article 14 of the aforementioned Law of 13
July 1992, any offer and any sale of travel and lodging provision
services involve the submission of appropriate documents that comply
with the rules defined under this Article.
In the event of sale of tickets for air travel or tickets for travel
on a regular line not accompanied by services associated with this
transportation, the Vendor shall deliver to the Buyer one or more
tickets for the entirety of the travel issued by the carrier or
under the responsibility of the carrier. In the event of transport
on request, the name and address of the carrier on the behalf of
which the tickets are issued must be noted.
Separate billing of the various components of a single tourist fixed
charge shall not shield the Vendor from the obligations that are
made incumbent on him under this Article.
Art. 96 - Prior to concluding the contract and on the basis
of a written medium bearing its corporate name, its address, and
mention of its administrative operating license, the Vendor must
communicate to the Buyer the information concerning the prices,
dates, and other components of the services provided at the time
of travel or stay such as the following:
1 - The destination, the means of transport, and the characteristics
and categories of transportation used;
2 - The lodging method, its location, level of comfort, and its
major features, its authorization, and its tourist classification
corresponding to the rules and regulations or customs of the host
country;
3 - The meals provided;
4 - The description of the itinerary when a tour is involved;
5 - The administrative and health-related formalities to be accomplished
especially when crossing borders, and the time periods in which
they must be completed;
6 - The tours, excursions, and other services included in the fixed
price or otherwise available for an additional fee;
7 - The minimum or maximum size of the group allowing for the trip
or stay to be made, as well as the notification deadline for the
consumer in the event that the trip or stay is cancelled where the
completion of the travel or stay is subject to there being a minimum
number of participants; such date may not be set to be less than
twenty-one (21) days before departure;
8 - The amount or percentage of the price to be paid as a deposit
at the time the contract is concluded, as well as the schedule for
payment of the balance due;
9 - The terms and conditions under which the price may be modified
as provided by the contract in accordance with the provisions of
Article 100 of this Decree;
10 - The contractual terms of cancellation;
11 - The conditions of cancellation stated in articles 101, 102
and 103 of this Decree;
12 - The details concerning the risks covered and the amount of
the guarantees underwritten in the insurance contract covering the
consequential effects of the third party liability insurance of
the travel agencies and the third party liability insurance of tourist
associations and non-profit bodies;
13 - The information concerning the optional purchase of an insurance
policy covering the consequential effects of certain cases of cancellation
or of an insurance policy covering certain special risks, including
repatriation costs in the event of accident or illness.
Art. 97 - The notices given to the consumer in advance commit
the Vendor, unless the Vendor has express reserved herein the right
to modify certain elements thereof. The Vendor must, in this event,
clearly indicate to what extent this revision may apply and which
components such revision shall affect.
In any case, revisions made in the information given in advance
must be communicated in writing to the consumer prior to the conclusion
of the contract.
Art. 98 - The contract concluded between the Vendor and the Buyer
shall be written, prepared in two copies, one of which shall be
given to the Buyer, and signed by both parties. It must include
the following elements:
1 - The name and address of the Vendor, of his guarantor, and of
his insurer, as well as the name and address of the organizer ;
2 - The destination(s) of the travel and, in case of stays divided
among several locations, the various periods and dates of those
stays;
3 - The means, the characteristics, and the categories of transportation
used, the dates, times, and locations of the departure and return
;
4 - The mode of lodging, its location, its level of comfort, and
its major features, its tourist classification with respect to the
rules and regulations or customs of the host country;
5 - The number of meals provided;
6 - The itinerary in the case of a tour;
7 - The sites to be visited, excursions, and other services included
in the total price of the trip or stay;
8 - The total price of the services invoiced as well as mention
of any applicable change in this billing in application of the provisions
of Article 100 hereinafter;
9 - A statement of any fees or taxes related to certain services
such as landing, disembarkation, or boarding fees in ports and airports,
visitors taxes when same are not included in the price of the service(s)
provided;
10 - The schedule and terms of payment of the price. In any event,
the final payment made by the Buyer may not be less than 30% of
the price of the travel or stay and must be made at the time of
the documents permitting the travel or stay to be made are remitted
to the Buyer;
11 - The special conditions requested by the Buyer and accepted
by the Vendor;
12 - The terms under which the Buyer may make a claim against the
Vendor for failure to perform or for inadequate performance of the
contract, a claim that must be made as soon as possible, by certified
letter with return receipt requested to the Vendor, and made in
writing, if applicable, to the organizer of the trip and to the
provider of the services involved;
13 - The deadline for provision of information by the Buyer to the
Vendor in the event of travel or stay that is contingent on the
participation of a minimum number of participants, in accordance
with the provisions of Item 7 of Article 96 above;
14 - The contractual conditions of cancellation;
15 - The conditions of cancellation provided in articles 101, 102
and 103 hereinafter;
16 - The details concerning the risks covered and the amount of
the guarantees in terms of insurance policies covering the consequential
effects of the third-party liability insurance of the Vendor;
17 - Details concerning the insurance contract covering the consequential
effects of certain cases of cancellation purchased by the Buyer
(policy number and insurer name), as well as information concerning
the assistance contract covering certain specific risks, including
repatriation expenses in case of accident or illness; in this case,
the Vendor must provide the Buyer a document specifying at least
the risks covered and the risks excluded under the contract;
18 - The deadline by which the Vendor must by the notified in the
event of transfer of the contract by the Buyer;
19 - The obligation to furnish, in writing, to the Buyer, at least
ten days before the date of the Buyer's planned departure, the following
information:
- the name, address, and telephone number of the local representative
of the Vendor or, if the above is not available, the names, address,
and telephone numbers of the local bodies likely to assist the consumer
in the event of difficulty, or, that lacking, the telephone number
allowing the consumer to establish contact with the Vendor in an
emergency;
- for travel and stays of minors abroad, a telephone number and
an address enabling direct contact to be made with the child or
with the on-site manager of his stay.
Art. 99 - The Buyer may transfer his/contract to an agent who fulfills
the same conditions as he to complete the travel or stay, inasmuch
as the contract has not taken effect.
Except where there is a provision that is more favorable to the
transferor, the latter is obliged to inform the Vendor of his decision
by certified letter return receipt requested no more than seven
days before the beginning of the travel. In the event of a cruise,
this time period for advance notice is increased to fifteen days.
Such transfer is in no event subject to prior authorization by the
Vendor.
Art. 100 - When the contract includes an explicitly stated possibility
of a change in price, within the limitations stated in Article 19
of the aforementioned Law of 3 July 1992, it must mention any increase
or decrease in price, including the amount of travel expense and
related taxes, the currency or currencies that may affect the price
of the voyage or stay, the portion of the price to which the change
is to be applied, and the exchange rate of the currency or currencies
used as reference points during the fixing of the price that appears
in the contract.
Art. 101 - When, prior to the departure of the Buyer, the Vendor
finds himself forced to make a revision in one of the essential
components of the contract, such as a significant increase in the
price, the Buyer may, without prejudice to recourse to indemnification
for any damages suffered, and after having been informed thereof
by the Vendor by certified letter with return receipt requested:
- either cancel his contract and obtain without indemnity immediate
reimbursement of the sums paid;
- or accept the revision or the replacement voyage offered by the
Vendor; an additional clause to the contract specifying the amendments
made shall then be signed by the parties ; any reduction in price
shall be made as a deduction from any sums that may remain to be
paid by the Buyer, and; if the payment already made by the latter
exceeds the price of the modified service, the overpaid amount must
be refunded to him before the date of his departure.
Art. 102 - Where, as stated in Article 21 of the aforementioned
Law of 13 July 1992, before the departure of the Buyer, the Vendor
cancels the trip or the stay, Vendor must so inform the Buyer by
certified letter with return receipt requested; the Buyer, without
prejudice to recourse to indemnification for any damages he might
have suffered, obtains from the Vendor an immediate reimbursement
of the sums paid, without indemnity; the Buyer shall receive, in
this case, an indemnity at least equal to the penalty he would have
paid if the cancellation had occurred as a result of his own action
on that date.
The provisions of this article shall in no event pose an obstacle
to the conclusion of an amicable agreement to the effect that the
Buyer accept a substitute voyage or stay proposed by the Vendor.
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