Belambra Terms and Conditions of Sale

Are you planning a stay in one of our Holiday Clubs ?

Consult Belambra’s Terms and Conditions of Sale before you book a family holiday or a group stay, or organise a business trip.

Individuals

General conditions of sale

Individual holidays

Preamble

The purpose of these General Conditions of Sale (hereinafter, the “GCS”) is to set out the respective obligations of Belambra Clubs and the customer (hereinafter, “the customer(s)”) in their contractual relations pursuant to the sale of Individual Holidays. The fact that Belambra Clubs does not avail itself of one or more of the provisions of the GCS in no way implies a waiver of its rights to do so. Any booking implies the customer's full compliance with and total abidance to the GCS which shall prevail over any other document, unless otherwise agreed beforehand by Belambra Clubs in writing. These general conditions apply to all customers.

General provisions

The GCS comprise the present written conditions of sale which set out the payment terms and price schedules which are an integral part thereof. All documents other than the GCS, including the catalogues, flyers, advertisements and leaflets are provided as a guide and for information purposes only. The conditions governing activities relating to the organisation and sale of tours and holidays are defined by the French Tourism Code and, in particular, by article L. 211-1 and subsequent articles of the aforementioned Code.

1. SERVICES AND BOOKINGS

The components of the services provided during our holidays and tours are set forth in the pages of this Winter 2013 catalogue. The tourist information is provided for general information purposes. For example: public swimming pool nearby, spa at the resort, skating rink. You should contact the organisations themselves to find out when they are open and to obtain additional information. Belambra Clubs reserves the right to modify the information contained in this Winter 2013 catalogue.

Booking and paying for holidays

Your booking request must be accompanied by a down-payment of 25% of the holiday price inclusive of VAT and payment in full of the booking and insurance fees, to be received by us within 72 hours of your booking. Your booking will only become effective after your down-payment has been recorded. The outstanding balance must be paid no later than thirty days prior to the departure date.
WARNING: once this deadline has passed, if we have not already received your payment or the outstanding balance, we shall consider your booking to have been cancelled and will offer it for resale. Furthermore, our cancellation terms and conditions will apply.
Upon receipt of your down-payment, a holiday confirmation will be sent to you stating the outstanding balance. Each payment must be accompanied by the booking reference stated on your holiday confirmation. No later than one week before your date of departure (holiday paid in full), your exchange vouchers and information on your destination will be sent to you. Any person presenting himself/herself for a tour departure or at a holiday destination without having previously paid his/her outstanding balance will be refused entry.
Customers registering less than thirty days before departure must pay the full holiday price upon booking. Depending on the booking date, we may not always be able to send you a holiday confirmation. You will then be deemed to have accepted all the terms stated in the present Winter 2013 catalogue or stated to you orally.
For self-catering holidays, and for safety reasons, the number of persons arriving on holiday may on no account exceed the number of places available in the accommodation provided and the number of persons stated on the contract. With regard to full and half board holidays, the accommodation is allocated according to the number of family members.
Under-occupancy: supplements in the event of under-occupancy; single from 20 to 35%. Supplement charged if the number of occupants is less than the standard occupancy rating: 25 to 90% depending on sites and periods. The prices are given upon booking.

Methods of payment

You can use any method of payment to pay for your holiday in an agency, online or by phone, i.e. either:
- by cheque
- by holiday voucher. Belambra Clubs has been approved by the Agence Nationale pour les Chèques Vacances; you can use holiday vouchers for all your holidays. We advise you to send them by registered mail, stating your booking number. The customer shall bear all liability for any cheques not sent by registered mail and not received by Belambra Clubs. The cheques shall be valid for their nominal amount, up to the amount payable for your holiday, until the balance payment date at the latest. Ask your company, works council or any other body authorised to issue them. In the event of cancellation, any refund due shall be paid by bank cheque.
- by gift vouchers – Cadhoc, Accentiv vouchers, “ Tir Groupé“, CADO chèques, Kadéos
- by bank card: Visa, Eurocard/Mastercard, American Express
- by Cofinoga credit card Pay for your holiday online in 3, 5, 10 or 20 instalments (see terms and conditions at www.belambra.co.uk) with Cofinoga. Persons residing outside France may only pay by credit card, Eurocheque, bank cheque in euros or bank transfer accompanied by the booking voucher. Payments must be sent to the following address: Belambra Clubs 21-23 rue de la Vanne - 92541 Montrouge Cedex - France

2. PRICES

Price reductions – Promotional operations.
If you are entitled to a price reduction through a promotional operation, you must avail yourself of this reduction upon booking. Once the booking has been confirmed or the invoice has been issued, customers will no longer be able to avail themselves of any such discount.
Moreover, price reductions and promotional operations may not be combined, unless expressly specified.
No shortened holiday or unused service (included in the packages, mentioned on the invoice or purchased on site) shall be refundable. Remember: cancellation/interruption of courses, unused restaurant services etc. full board rates for lunch on Saturday in half board or full board clubs: prices are given as part of a package (arrival Saturday evening, departure Saturday by 10 a.m.).
For full board holidays lasting more than one week, the Saturday lunch shall be invoiced at the applicable posted price.
Extending your stay: any extension paid for on site shall be charged at the current applicable rate (no promotional rate or partner discount applicable).
Our rates are indicated both net of tax and including tax (excluding visitors' tax), in particular including VAT at the rate in force on the day of booking. Our rates including tax are subject to change in the event of an increase in the tax rates applicable to our holidays.

3. VISITORS' TAX

Visitors' tax, collected on behalf of municipalities, is not included in our prices. It is payable on site upon arrival.

4. BOOKING FEES

Booking fees are charged by Belambra Clubs for each booking made; stays of 4 nights or more: €29; holiday up to and including 3 nights: €12 These booking fees will only be refunded if the cancellation is attributable to Belambra Clubs.

5. SECURITY DEPOSIT

At the beginning of your holiday, you will be required to pay a security deposit, the amount of which is stated in the Useful Guide for Winter 2013. It is to be paid upon arrival by bank card (or cheque). It will be refunded to you at the end of your stay, minus any compensation payable, backed by invoices, for any damage noted during the pre-departure inventory carried out in your presence. Retention of the deposit does not exclude any additional compensation if the repair costs exceed the amount of the deposit.

6. HOUSE RULES

The house rules are posted in each apartment. Please read them and comply with them.
Swimming pools: to use the swimming pools, children must be accompanied by their parents/legal guardians or other adult designated by these and they remain under their responsibility.
Kids' clubs: the kids' clubs are open to children under the conditions stated in the Useful Guide for Winter 2013. However, we reserve the right to turn away a child whose behaviour could be detrimental to other children or the club's organisation. Any customer causing bodily harm or material damage shall be liable for damages.
It is strictly forbidden to smoke in any of the non-smoking buildings.

7. LIABILITY

Belambra Clubs is responsible for the proper performance of all of its contractual obligations. However, Belambra Clubs shall be relieved, in part or in whole, of its responsibility in the event of non-performance or improper performance of the contract attributable either to the purchaser or to an unpredictable and insurmountable event caused by a third party extraneous to the provision of the services set forth in the contract or to an act of God as defined in Article 1148 of the French Civil Code. For holidaymakers travelling by scheduled flight, airlines have requested that we publish the following disclaimer of liability: “The tour operator advises its clients that airlines will not be held liable in the event of complaints which do not arise from an air transport irregularity. The term “air transport irregularity” includes any flight cancellation, delay or change to published flight times”.
The consequences of any accidents or incidents that may occur during air transport are governed by the provisions of the Warsaw convention or those of EC regulation no. 261/2004 of 11 February 2004 (OJEU 17/02/2004).
Furthermore, any services not delivered by Belambra Clubs during the holiday come under the exclusive liability of the external service providers in charge of their provision.

8. LOSSES, THEFT AND DAMAGE

Holiday rentals in our tourist residences and in our half board or full board clubs do not fall within the scope of hoteliers' responsibilities. Consequently, we shall not be held liable in the event of loss, theft or damage to personal effects in our residences, apartments, car parks or common areas (ski rooms, bike rooms etc.). However, Belambra Clubs has taken out damage insurance on behalf of its customers to cover the risks of burglary in the apartments. Said policy does not cover the following: thefts of jewellery, cash, cheque books, credit cards, securities, identity papers or any items valued at more than €380. The amount of the excess payable by you is €350 and the maximum amount of cover is €1,100. We advise you to contact your insurance company to obtain, if necessary, an extension to your personal cover.

9. OPTIONAL INSURANCE

To enable you to enjoy your holiday in total peace of mind, we offer optional insurance which you can take out when you make your booking. This covers:
– cancellation/curtailment of holiday,
– booking modification,
– repatriation assistance,
– luggage.
Indeed, in the event of cancellation or curtailment of your holiday, Belambra Clubs will only refund the unused portion of the holiday if it is responsible for the cancellation. We therefore strongly recommend that you take out this insurance which will entitle you to trouble-free compensation or repatriation. The names of the insurance companies, the guarantees covered and the prices are summarised in the Useful Guide for Winter 2013. The full terms and conditions can be sent to you on request before you subscribe. At any rate, they will be sent to you upon confirmation of your holiday at the latest (this insurance is non-refundable).

10. HOLIDAY MODIFICATION ATTRIBUTABLE TO THE CUSTOMER

Any modification request can only be accepted subject to availability and must be sent to Belambra Clubs by registered mail with acknowledgement of receipt requested. The date of modification (or cancellation) of the holiday by the customer will be the date of the postmark on the recorded delivery.
It shall be subject to modification fees calculated as follows:
- More than 30 days prior to the holiday start date, a fixed fee of €29 per booking shall be withheld.
- Between 29 days and 21 days prior to the holiday start date, 15% of the difference between the amount of the initial booking before the modification and the amount of the modified booking shall be withheld.
- Between 20 days and 10 days prior to the holiday start date, 25% of the difference between the amount of the initial booking before the modification and the amount of the modified booking shall be withheld.
- Between 9 days and 4 days prior to the holiday start date, 40% of the difference between the amount of the initial booking before the modification and the amount of the modified booking shall be withheld.
- 3 days or less prior to the holiday start date, 60% of the difference between the amount of the initial booking before the modification and the amount of the modified booking shall be withheld.
Shortened holidays will not be subject to a refund. It is explicitly stated that, for holidays abroad or holidays including transport, any modification concerning the holiday dates, the spelling of names and surnames or the holiday conditions constitutes a cancellation governed by the conditions stated hereunder and requires a new booking.

11. CANCELLATION ATTRIBUTABLE TO THE CUSTOMER

Belambra Clubs must be notified of any cancellation by recorded delivery with acknowledgement of receipt. The date of modification (or cancellation) of the holiday by the customer will be the date of the postmark on the recorded delivery.
Belambra Clubs shall refund the amounts paid (excluding booking fees and insurance fees which shall be kept by Belambra Clubs), minus the following cancellation penalties:
Cancellation of a holiday without transport:
-More than 30 days before the holiday start date, €30 per booking.
-Between 29 days and 21 days before the holiday start date, 25% of the total amount of the booking.
-Between 20 days and 10 days before the holiday start date, 50% of the total amount of the booking.
-Between 9 days and 4 days before the holiday start date, 80% of the total amount of the booking.
-3 days or less before the holiday start date, 100% of the total amount of the booking.
In case of cancellation after multiple bookings, Belambra Clubs will apply these cancellation conditions to each of the cancelled holidays.

12. MODIFICATION OR CANCELLATION ATTRIBUTABLE TO BELAMBRA CLUBS

12.1 Cancellation attributable to Belambra Clubs
In the event of cancellation attributable to Belambra Clubs, where no equivalent alternative arrangement is offered, you will immediately be refunded all amounts paid and will receive as compensation an amount equal to the penalty you would have had to pay if the cancellation had been attributable to you on the same date. In the event of a cancellation attributable to Belambra Clubs for an event constituting force majeure, as defined in article 1148 of the French Civil Code, only the immediate reimbursement of the amounts paid will be afforded, excluding any other compensation.
12.2 Modification attributable to Belambra Clubs
If, before departure, one of the essential components of the tour or holiday cannot be provided due to an unpredictable and insurmountable event caused by a third party extraneous to the provision of the services set forth in the contract or an act of God, we shall inform you immediately.
You will then have the option of either foregoing the tour and/or holiday or accepting the modification we will offer you. You will then have to inform us of your decision within 72 hours (if you choose to forego, you will immediately be refunded all amounts paid to date although any excess paid shall not be subject to a refund).
It is specified that the application of this clause (12.2) shall not give rise to payment of any compensation equal to the penalty that you would have paid if the cancellation had been attributable to you.

13. DEPARTURE TIME

Where transport is provided by Belambra Clubs, the meeting time given to participants must be complied with. Latecomers run the risk of having to suffer certain inconveniences due to their lack of punctuality (seats occupied, need to travel to the holiday site under their own initiative with no reimbursement of transport costs).

14. HANDING OVER OF THE KEYS

The keys will be handed over between 5 p.m. and 8 p.m. on the day of your arrival. The keys must be returned before 10 a.m. on the day of your departure. For weekends and long weekends (outside school holidays), keys will be handed over from midday on Saturday. These keys must be returned before 2 p.m. on the Sunday or the public holiday.

15. ADMINISTRATIVE PROCEDURES AND HEALTH REQUIREMENTS

We advise you to make sure that you satisfy all police, customs and health requirements for your tour or holiday. We give information guidelines for French nationals on the visas and vaccinations required for each country, but you are responsible for carrying out all formalities. A customer who is unable to board a flight or is unable to enter the country where the holiday is to take place due to failure to present the required documents (passport, visas, vaccination certificates, etc.) shall not be entitled to any refund, as these precautions are your sole responsibility.
With regard to health insurance, we strongly recommend that customers travelling abroad make inquiries before departure at their national health insurance office.

16. CONCERNING YOUR PETS

Pets cannot be admitted in our Clubs, except in those Clubs specified in the present catalogue. Pets may be allowed in these Clubs subject to basic hygiene rules, veterinary procedures (vaccinations up to date, etc.) and Club regulations. For prices and conditions: see the Useful Guide for Winter 2013. We wish to draw the attention of families to the risks of finding that they are not allowed access to the establishment if they fail to comply with these regulations.

17. PROTECTION OF PERSONAL DATA

In accordance with Act no. 78-17 of 6 January 1978, modified by Act no. 2004-801 of 6 August 2004 on computer data, computer files and individual liberties, we inform you that we may transmit information that we have collected concerning you to third parties for marketing or promotion purposes. Under Act no. 78-17 of 6 January 1978 modified by Act no. 2004-801 of 6 August 2004 on computer data, computer files and individual liberties, you have a right of access, rectification or opposition to the processing of the information concerning you. To exercise this right, contact Belambra Clubs in Montrouge, 21/23 rue de la Vanne -92541.

18. COMPLAINTS

After your holiday, any complaint you may have can be sent to us by registered mail with acknowledgement of receipt requested, within one month following the end of your holiday, quoting your booking number.

19. EXTERNAL SERVICES

The external services linked to ski lessons (ESF), ski passes, fitness/leisure packages, thalassotherapy, Go Frigo or ski equipment are purchased by Belambra Clubs on behalf of its customers. Belambra acts as an agent.
Belambra will bill the customer for the full amount corresponding to the services in the event of any cancellation of these external services by the customer 7 days or less before the holiday start date.

20. APPLICABLE LAW – JURISDICTION

All sales agreements entered into with consumers residing in France or abroad are governed by French law. All disputes shall be handled by French courts.
BOOKING ONE OF OUR TOURS OR HOLIDAYS IMPLIES THAT THE CUSTOMER FULLY ACCEPTS OUR GENERAL CONDITIONS
Belambra Clubs, simplified joint stock company with a capital of €28,712,160 – Listed on the register of tour and holiday operators under the number IM092120049. Registered office: 21/23 rue de la Vanne, 92541 MONTROUGE cedex- France. Registered at the Registre du Commerce et des Sociétés de Nanterre (Nanterre trade register) under number: 322 706 136, represented by its CEO Mr Olivier Colcombet. Guarantor: BNP PARIBAS – 16, Boulevard des Italiens, 75009 Paris – Insurance: AXA France IARD, 26 rue Drouot, 75009 PARIS, France.
In case of any misprint or omission on the website, Belambra Clubs reserves the right to correct any clerical errors which may have occurred in its documents. The illustrations and photos, mainly concerning the refurbished sites, are not contractually binding.

21. LEGAL AND REGULATORY PROVISIONS (CODE OF TOURISM)
Tour and holiday sales contract

Article R211-3: Subject to the exclusions set out in the third and fourth paragraphs of article L. 211-7, all offers and sales of tour or holiday services are dependent on the provision of the appropriate documents in accordance with the rules set out in this section. In the case of the sale of air transport tickets or transport tickets on scheduled services not accompanied by services associated with this transport, the vendor shall supply the purchaser with one or more tickets for the whole of the tour issued by the transport provider or under its responsibility. In the case of transport on request, the name and address of the transport provider on behalf of whom the tickets are issued must be stated. Separate invoicing of the various items of a given fixed-price tourist package does not release the vendor from its obligations as stated herein.

Article R211-3-1: Pre-contract information and contract conditions are made available in writing. They can be made available electronically according to the conditions of validity and terms of performance in articles 1369-1 to 1369-11 of the French Civil Code. The name or registered name of the vendor as well as his registration number are stated in part a of article L. 141-3 or, failing this, the name, address and registration of the federation or the union mentioned in the second paragraph of article R. 211-2.

Article R211-4: Prior to the conclusion of the contract, the vendor must convey to the consumer information on the prices, dates and other items constituting the services provided in the tour or holiday, such as:
1° The destination and the means, characteristics and categories of transport used;
2° The type of accommodation, its situation, its level of comfort and its main characteristics, its certification and its tourist classification corresponding to the regulations or the customs in the host country;
3° The dining services available;
4° The description of the route in the case of a circuit;
5° The administrative and health formalities to be completed by nationals or citizens of another member state of the European Union or a signatory of the European Economic Area agreement, in particular when crossing borders, and the corresponding deadlines;
6° The visits, excursions and other services included in the package or which may be available at an extra cost;
7° The minimum or maximum size of the group allowing the tour or holiday to be organised and, if the organisation of the tour or holiday is dependent on a minimum number of participants, the final date on which the customer can be informed if the tour or holiday is cancelled; this date cannot be set less than twenty one days before departure;
8° The amount or percentage of the price to be paid as a down-payment when the contract is signed as well as the payment schedule for the balance due;
9° The provisions for modifying the rates as stipulated by the contract in accordance with article R. 211-8;
10° The contractual conditions for cancellation;
11° The conditions for cancellation as defined in 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 an assistance contract covering certain specific risks, in particular repatriation costs in the event of an accident or illness;
13° If the contract includes air travel services, the information for each leg of the flight in accordance with articles R. 211-15 to R. 211-18.

Article R211-5: The information provided to the consumer in advance is binding on the vendor, unless it states that the vendor has expressly reserved the right to modify certain components thereof. The vendor must, in this case, indicate clearly under what conditions modifications may be made and to which components. In any case, modifications made to advance information must be sent to the consumer before the contract is agreed.

Article R211-6: The contract agreed between the vendor and purchaser must be written and drawn up in duplicate, a copy of which is handed to the purchaser, and signed by both parties. When the contract is agreed by electronic means, articles 1369-1 to 1369-11 for the French civil code apply. The contract must contain the following clauses:
1° The name and address of the vendor, its guarantor and its insurer as well as the name and address of the organiser;
2° The destination or destinations of the tour and, in the event of a split holiday, the different periods and the corresponding dates;
3° The means, characteristics and categories of transport used, the dates and places of departure and return;
4° The type of accommodation, its situation, its level of comfort, its main characteristics and its tourist classification corresponding to the regulations or the customs in the host country;
5° The dining services available;
6° The route in the case of a circuit;
7° The visits, excursions and other services included in the total price of the tour or holiday;
8° The total price of the services invoiced as well as the indication of any modification to this invoice in accordance with the provisions of article R. 211-8;
9° The indication, where necessary, of any fees or taxes relating to certain services, such as landing, disembarkation or embarkation taxes in ports and airports, visitors' taxes if these are not included in the price of the service(s) provided; 10° The schedule and terms of payment of the price; the final instalment paid by the purchaser cannot be less than 30% of the price of the tour or holiday and must be paid when the documents are handed over which are necessary for the tour or holiday;
11° The specific conditions requested by the purchaser and accepted by the vendor;
12° The means by which the purchaser can file a complaint against the vendor for non-execution or incorrect execution of the contract, a complaint which must be filed as soon as possible by any means providing an acknowledgement of receipt from the vendor and, where applicable, indicated in writing to the organiser of the tour and to the service provider concerned;
13° The final date for informing the purchaser if the tour or holiday is cancelled by the vendor in the event that completion of the tour or holiday is linked to a minimum number of participants, in accordance with the provisions of paragraph 7 of article R. 211-4;
14° The contractual conditions of cancellation;
15° The conditions of cancellation stipulated in articles R. 211-9, R. 211-10 and R. 211-11;
16° The stipulations concerning the risks covered and the amounts of the guarantees provided for in the insurance contract covering the consequences of the vendor's professional civil liability;
17° The indications concerning the insurance contract covering the consequences of certain cases of cancellation subscribed by the purchaser (policy number and name of the insurer) as well as those concerning the assistance contract covering certain specific risks, in particular repatriation costs in the event of an accident or illness; in this case, the vendor must provide the purchaser with a document specifying at least the risks covered and the risks excluded;
18° The final date for the purchaser to inform the vendor of an assignment of the contract;
19° The commitment to provider the purchaser with the following information at least ten days before the scheduled date of departure: a) The name, address and telephone number of the local representative of the vendor or, failing this, the names, addresses and telephone numbers of the local organisations likely to help the customer in the event of any difficulties or, failing this, the number enabling the customer to contact the vendor in the event of an emergency; b) for tours and holidays taken by minors abroad, a telephone number and an address enabling the child or the person in charge of his/her holiday on-site to be contacted directly;
20° The clause covering cancellation and reimbursement without penalty of the sums paid by the purchaser in the event of non-compliance with the obligation of information stipulated in paragraph 13 of article R. 211-4; 21° The commitment to provide the purchaser with the departure and arrival times in good time before the start of the tour or holiday.

Article R211-7: The purchaser may transfer his/her contract to a third party who fulfils the same conditions as him or herself for the tour or holiday, so long as this contract has not had any effect. In the absence of any condition more favourable to the transferor, the latter must notify the vendor of his/her decision by any means with acknowledgement of receipt requested at least seven days before the start of the tour. For cruises, this notification must be sent fifteen days before the start of the cruise. In no case is prior authorisation required from the vendor in order to transfer the contract.

Article R211-8: When the contract contains the express possibility that the price may be modified, within the limits defined in Article R. 211-12, mention must be made of the specific reasons for the price modification, either increase or decrease, in particular the associated amount of transport costs and taxes, the currency or currencies that may affect the price of the journey or holiday, the proportion of the price to which the modification applies and the currency rate(s) used as a basis for setting the price given in the contract.

Article R211-9: If, prior to the departure of the purchaser, the vendor is forced to change one of the essential elements of the contract, such as increasing the price significantly before the purchaser's departure, and when the obligation of information mentioned in paragraph 13 of Article R. 211-4, is not fully abided by, the purchaser may, without being liable for payment of any damages and having been notified by the vendor to that effect by any means with acknowledgement of receipt requested:
-either terminate the contract and obtain the immediate reimbursement of the sums paid without penalty;
-or accept the modification or the replacement tour offered by the vendor; an amendment to the contract specifying the changes made is then signed by the parties; any price reduction will be deducted from the remaining amount owed by the purchaser and, if the amount paid by the latter exceeds the price of the modified service, the excess amount paid must be returned to him before the date of departure.

Article R211-10: In the case covered by article L. 211-14, if the vendor cancels the tour or holiday before the departure of the purchaser, he must inform the purchaser using any means offering acknowledgement of receipt; without prejudice to recourse to compensation for any damages which may have been incurred, the purchaser shall obtain an immediate refund from the vendor without penalty for the amount already paid; in this case, the purchaser receives compensation at least equal to the penalty to which he would have been subjected if the cancellation were attributable to him on this date.
The terms of this article in no way impede the conclusion of an amicable settlement by which the purchaser accepts a substitute tour or holiday offered by the vendor.

Article R211-11: If, after the purchaser’s departure, the vendor finds it impossible to supply a major part of the services described in the contract representing a significant proportion of the price paid by the purchaser, the vendor must immediately take the following measures without prejudice to payment of compensation for any damages incurred:
-either offer services to replace the scheduled services, possibly assuming the cost of any price supplement and, if the services accepted by the purchaser are of inferior quality, the seller must reimburse him the difference in price as soon as he returns;
-or, if the seller can offer no replacement service or if these are rejected by the purchaser for valid reasons, provide the purchaser with travel tickets, at no extra cost, ensuring his return to the place of departure or to another site accepted by both parties in conditions which can be deemed equivalent. The provisions of this article are applicable in the event of non-compliance with the obligation set out in item 13 of Article R. 211-4.

Article R211-12: The provisions of articles R. 211-3 à R. 211-11 must be included in brochures and tour contracts offered by the persons mentioned in article L. 211-1.

Article R211-13: The purchaser can no longer benefit from the clause in paragraph 20 of article R. 211-6 after the service has been supplied.


Photo credits: Ag2r, Asp Bretagne, Aero-Dyapp, Altivue, Ancelle Pierre, Baile Charly, Baron Gilles,arthelet, Jean-Charles, Bartheyre Pierre-Jean, Belia Marie, Bellurget Jean-Louis, Bene, Blenet, Bodin Bertrand, Bourrel Dominique, Bourret, Bousquet A-M, Capaldi Pierre, Caroly, Chagnoleau Stéphane, Chastel André, Childeric Arnaud, Ciosi Jean-Antoine, Corbis, Coutant Delphine, Creac’h Michel, Delepine, De Sauvezac Jean-Loup, Deschamps Tristan, Digital Vision, Emanuelli X, ESF, Fautre, Fleury Franck, Foc Jacques, Fotolia, Foodpack, Foucha Alain, Fryszowski Olivia, Garnault Bruno, Giansily Hélène, Getty Images, Gaudriot Fabrice, Graphic Obsession, Grossman, Grumberg David, Guillou Ronan, Huitel, Image Stock, Interaview, Jalin Francis, Jamain Pierre, Julienne, Dppi/S.Kempinaire, Labbe Jo, Lacoste Titus, Laffiche Saragoussi, Lecuyer, Legeai Kris, Longo Bruno, Loriot Jerôme, Lutz, Mailhe Jean-Louis, Marco Polo/F. Bouillot, Martin Philippe, Martron Gérard, Master. le,Millot D, Miramont Patrick, Moreau Elodie, Natali, NPS, Ogor Julien, Olivier Luc, Pastor Claude, Peronny G, Pixland, Pojzman-Pontay, Pomparat Vincent, Raymon Editions, Ribes Pascal, Rolland, Rouff Wilfrid, Samuel Thierry, Stahl Henrike, Surelle, Skiset, Theobald Yves, Tisne Jérome, Toulouze Ghislaine, Tumeo Sauveur, Van Loocke Bruno, Valleau Patrick, Vibert Jean-François. Tourist offices of Val d’Isère, Tignes, Orcières, Gourette, Alpe d’Huez.

Groups

General conditions for holidays and tours 2008/2009

Participation by a group in a Belambra Clubs holiday or tour implies acceptance of the following general conditions of sale :

1. DEFINITION OF A GROUP

Belambra Clubs offers special rates to groups of 20 or more paying participants. A group holiday is a holiday which starts and finishes on the same date for all participants and in which the services included in the price are common to the whole group.

2. DETAILS OF OUR HOLIDAYS

To find out the precise content of the services offered at each holiday destination, please refer to the information on the price quotation.

3. REGISTRATION AND PAYMENT
3.1. Standard reservation: your registration request must be accompanied by a downpayment as follows: 20% of the total price of the holiday (excluding registration fees and insurance) for France. The outstanding balance must be paid no later than thirty days prior to the departure date. All group bookings will be subject to the payment of registration fees amounting to €50. Upon receipt of your first deposit, a holiday confirmation will be sent to you stating the amount already paid as well as the outstanding balance and services provided. Upon receipt of the final payment and between 3 and 1 week (at the latest) prior to your departure, you will be sent a travel pack including your exchange vouchers and information on your holiday.

3.2. Reservation less than thirty days before departure — Last minute sale: Customers registering less than thirty days before departure must pay the full holiday price upon booking. Depending on the booking date, we may not always be able to send you a holiday confirmation. You will then be deemed as having accepted all specifications relative to our services described to you orally.

3.3. Outstanding balance: Non-payment of the balance due by the dates above will be deemed as a cancellation and will deny access to the holiday. Additional services not mentioned in the holiday confirmation and personal expenditure must be paid in situ before the end of the holiday.

4. PRICES
Please refer to the price quotation. The prices are worked out for a package deal based on the number of nights. No shortened holiday or unused service can be the object of a refund. Any additional services resulting from an involuntary prolongation of the holiday (subsided road, weather conditions, etc.) will be charged to the customer. All holiday prolongations will be invoiced per day on the basis of the price applicable to the holiday.

4.1. Visitors' tax: Visitors’ tax, collected on behalf of municipalities, is not included in our prices. It is payable on site.

4.2. Transport: When the services provided include air transport, our prices (including taxes) are based on prices given to us by airlines for a specific seat class, subject to availability. When this class is full, we can offer you, subject to availability, another seat class corresponding to a higher price. On certain dates, we may be led to offer you additional departures, on top of those offered in the catalogue; an additional charge may then be requested.

4.3. Gratuities: Accommodation of the group’s driver is free of charge.

4.4. Price adjustment: The prices quoted in our catalogue were set according to the economic data applicable at the time of printing, including, on the one hand, the cost of transport and related taxes and the cost of fuel in particular, that may affect the price of the trip or holiday. The sales price may be adjusted in the event of a significant change in these costs: changes in the amount of taxes and fees payable and/or transport costs may be fully added to our prices and the percentage of exchange rate variation may be charged on the specific portion of the global contract. If you haven’t yet registered by the date of modification of these costs, the


sales price will be confirmed to you upon registration. If you have already registered, the price set in the contract shall not be subject to any increase during the 30 days preceding the expected departure date.

5. CHANGES AND CANCELLATION
5.1. Modification attributable to the customer: any change in the numbers (increase or decrease) compared to the numbers stated in the contract must be agreed beforehand in writing. Prior written agreement. In the case where the group numbers are reduced: if this modification is brought to the attention of Belambra Clubs: For holidays in France:
Between 90 and 30 days preceding the departure: 10% of the difference with respect to the total cost of the holiday booked, due to the partial cancellation.
Between 29 and 8 days: 50% of the difference with respect to the total cost of the holiday booked, due to the partial cancellation.
Between 7 days and the date of departure: 100% of the difference with respect to the total cost of the holiday booked, due to the partial cancellation.
For destinations in France including transport:
Up to 60 days before departure: no fees shall be payable, provided the partial cancellation does not exceed 10% of the numbers booked. Beyond that, 15% of costs per participant cancellation.
Between 60 and 30 days: 25% of the difference with respect to the total cost of the holiday booked, due to the partial cancellation.
Between 29 and 8 days: 50% of the difference with respect to the total cost of the holiday booked, due to the partial cancellation.
Between 7 days and the date of departure: 100% of the difference with respect to the total cost of the holiday booked, due to the partial cancellation.
Any upward modification can only be accepted subject to availability. It is explicitly stated that any modification request concerning the dates of the holiday or the destination establishment constitutes both a cancellation request subject to the conditions stated hereunder and a new reservation request. Any request to change the services, date and place of stay shall be deemed to be a cancellation and shall entail new negotiations, Belambra Clubs reserving the right to apply the general cancellation conditions indicated below. You will also be liable for any costs connected with the modification of transport conditions.

5.2. Cancellation attributable to the customer: Any cancellation request must be made in writing. All cancellations shall be subject to cancellation fees calculated as follows: For destinations in France:
More than 90 days before departure: no fees shall be charged.
Between 90 and 30 days preceding the departure: 10% of the total cost.
Between 29 and 8 days: 50% of the total cost.
Between 7 days and the date of departure: 100% of the total cost.
For Evasion destinations:
More than 30 days before departure: the downpayment shall be retained, i.e. 25% of the total cost.
Between 29 and 8 days preceding the departure: 50% of the total cost.
Between 7 days and the date of departure: 100% of the total cost. Failure to check in and/or deciding against going on the holiday are considered to equate to a cancellation.

5.3. Modification or cancellation attributable to the provider: When, before departure, one of the fundamental elements of the contract proves impossible to execute due to an external event, we shall inform you accordingly, stating that you can either terminate the contract or accept the modification we propose. You will then have to inform us of your decision within 48 hours. Should you decide to terminate the contract, you will be entitled to the refund of all amounts paid, without being liable to any penalty or charges. These provisions also apply in the case of significant modification to the contract price, under the conditions stated in paragraph 4.4.


5.4. Programme modification: In the event of force majeure or a fortuitous event, we may be obliged to modify all or part of our services, close a common facility, etc. Under such circumstances, we shall offer you services to replace those not provided or flat-rate compensation. In the case of a holiday including air transport, you will be given the flight schedule and routes, subject to last-minute changes. Flight delays, due to factors such as airport congestion, the increase in air traffic, strikes or poor weather conditions are sometimes inevitable. We shall not, under any circumstance be held liable for any changes in flight schedules or airports. In the event of unavailability or cancellation of the flight booked, beyond our control, we reserve the possibility of having you travel on another flight at an equivalent price.

6. EXECUTION OF THE CONTRACT
6.1. Transport: As regards transport, the meeting time given to you must be complied with; otherwise, you shall be liable for all the consequences that may result from your delay.

6.2. Arrival and departure: As regards holidays, keys to the accommodation are handed over until 8 p.m. on your day of arrival. These keys must be returned before 10 a.m. on your day of departure. For weekend stays, keys are handed over until 9 p.m. on Friday or on Saturday. These keys must be returned before 5 p.m. on Sunday.

7. RESPONSIBILITY
While we are liable for the proper execution of the obligations explicitly resulting from the contract — to the exclusion of non-contractual services for which you may have been given information – we nevertheless reserve the possibility of being exonerated from all or part of our liability by providing proof that the breach of contract or its improper execution may have been attributable to you or to an unpredictable and insurmountable event caused by a third party extraneous to the provision of the services stipulated in the contract or to a force majeure. We also want to specify that the rental of accommodations in our tourist residences and village clubs does not come under innkeeper’s liabilities and consequently, we cannot be held liable for any loss, theft or damage to personal effects in our residences, whether in the apartments, in the car parks or in common facilities (ski rooms, bicycle rooms, etc.).

8. PROTECTION OF PERSONAL DATA
Pursuant to article 27 of the Law on computer data, computer files, and individual liberties of 6 January 1978, we inform you that all information concerning you is collected by Belambra Clubs and transmitted to Belambra vvf or, in certain cases, to its subsidiary or the affiliated entity involved in the processing of your reservation. We may also transmit this information to third parties for marketing or promotional purposes. Under article 34 of the Law of 6 January 1978, you have a right of access, rectification or opposition to the processing of the information concerning you. To exercise that right, inquire at Belambra Clubs, 21 / 23 rue de la Vanne, 92541 Montrouge Cedex, France.

9. CLAIMS
During your holiday, our on-site teams are at your disposal to deal with your grievances, resolve any malfunctions that may have occurred and enable you to make the most of your holiday. Please contact them for any request. After your holiday, any claim may be sent to us by registered mail with acknowledgement of receipt requested, within one month following the end of your holiday, so that it can be dealt with as quickly as possible. We would like to draw your attention to the fact that, the longer you wait to make your claim, the harder it will be for us to settle your request in your best interest. In your letter, please state the name of the person who booked the holiday, the reservation number, the place and dates of your holiday and the type of apartment or room booked, so as to facilitate the processing of your claim. In addition, please enclose any documentary evidence you may have to enable us to speed up the processing of your claim: attestation issued by the site or personal documents (attestation of non-use of services, attestation of early departure, hospital certificate, etc.).

10. INSURANCE
During their holidays, Belambra Clubs customers are covered by an insurance policy taken out on their behalf: thefts from apartments following break-ins. The following are excluded under all circumstances: theft of jewellery, cash, cheque books, credit cards, securities, identity papers and all items valued at more than €380. The following are also excluded: theft of or damage to motor vehicles, bicycles, tents, caravans and/or their contents in the car parks, sites or outdoor areas provided. Belambra Clubs recommends that you ask your own insurance company for an extension of your cover during your holiday.
You have the possibility of taking out optional insurance to cover holiday cancellation and curtailment costs as well as repatriation costs, should this be necessary. To enable you to go on holiday with complete peace of mind, Belambra Clubs has selected for you, at favourable rates, the insurance company EUROP ASSISTANCE. The comprehensive insurance, which you can take out when you make your booking, covers the following, before, during and after your holiday: cancellation/curtailment of holiday, repatriation assistance, luggage.
In the event of cancellation or curtailment of your holiday, Belambra Clubs will not under any circumstances reimburse the cost of the part of the holiday which was not taken. We therefore strongly recommend that you take out this insurance which will entitle you to trouble-free compensation or repatriation. A summary of the insurance cover and rates will be sent to you on request. The terms and conditions will be detailed in the insurance policy that will be sent to you as soon as your subscription is registered (this insurance cannot, under any circumstance, be the subject of a refund).

GROUP TICKET
Inclusion on a group ticket renders outward and return travel with the group compulsory. Should a group member be unable to use this service, no refund will be made.

THE ACT OF BOOKING ONE OF OUR TOURS OR HOLIDAYS IMPLIES FULL ACCEPTANCE OF OUR GENERAL AND SPECIAL CONDITIONS.
In case of misprint or omission in the publication of our documents, Belambra Clubs reserves the right to correct any clerical errors which may have occurred.

Belambra Clubs - General partnership with capital of €28.712.160 – Registered office: 21/23 rue de la Vanne, 92541 Montrouge Cedex – France. Travel agent licence: LI : IM092120049/ Registered at the Registre du Commerce et des Sociétés de Nanterre (Nanterre trade register) under number: 322 706 136 / Financial guarantee taken out with the HSBC, 2 Carrefour de l’Odéon – 75006 Paris / Insurer: AXA FRANCE IARD, 26 rue Drouot 75009 Paris FRANCE

For seminars, please refer to the seminar-specific general conditions.

Legal and regulatory provisions

Law no. 92-645 dated 13 July 1992 - Enforcement order no. 94-490 dated 15 June 1994
(Extract from the "Official Journal" of the French Republic).

CHAPTER VI - SALE OF JOURNEYS AND HOLIDAYS

Art 95. Subject to the exclusions set out in the second paragraph (a and b) of article 14 of the law dated 13 July 1992 above, all offers and sales of holiday or travel services are dependent on the provision of the appropriate documents in accordance with the rules defined in this document. In the case of the sale of air transport tickets or transport tickets on scheduled services not accompanied by the services associated with this transport, the vendor shall supply the purchaser with one or more tickets for the whole of the tour issued by the transport provider or under his responsibility. In the case of transport on request, the name and address of the transport provider on behalf of whom the tickets are issued, must be stated. Separate invoicing of the various items of a given fixed-price tourist package does not release the vendor from his obligations as stated herein.

Art. 96. Before signing the contract, the vendor must provide the consumer, on a written document, bearing the company’s name, address and official operating authorisation, with details of the prices, dates and other constituent elements of the services provided for the journey or holiday such as:
1° The destination, means of transport, characteristics and categories of transport used;
2°The type of accommodation, its location, level of comfort and main characteristics, its certification and tourist classification in accordance with the regulations or practices of the host country;
3° The meals provided;
4° Description of the itinerary (for tours);
5° The administrative and health formalities required, in particular for crossing borders, and how long such formalities will take;
6° Visits, excursions and other services included in the price or available on payment of a supplement;
7° The minimum or maximum size of a group required to undertake the tour or holiday and, if the tour or holiday requires a minimum number of participants, the date by which the consumer must be notified in case the tour or holiday is cancelled; this date may not be less than twenty one days before departure;
8° Sum or proportion of the price to be paid as deposit on signing the contract and the schedule for payment of the balance;
9° Procedure for reviewing prices as defined in the application contract of article 100 of this decree;
10° The contract cancellation conditions;
11° Cancellation conditions defined in articles 101, 102 and 103 below;
12° Details of the risks covered and the sums guaranteed under the insurance contract covering professional civil liability of travel agents and civil liability of non-profit making associations and organisations and local tourist organisations;
13° Information relating to the optional insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, in particular repatriation costs in case of accident or illness.

Art. 97. The information provided to the consumer in advance is binding on the vendor, unless it states that the vendor has expressly reserved the right to modify certain components. The vendor must, in this case, indicate clearly why modifications may be made and to which components. In any case, modifications made to advance information must be sent in writing to the consumer before the signing of the contract.

Art. 98. The contract agreed between the vendor and purchaser must be written and drawn up in duplicate, a copy of which is handed to the purchaser, and signed by both parties. It must contain the following clauses:
1° Name and address of the vendor, his guarantor and insurance company as well as the name and address of the organiser;
2° Destination or destinations of the journey and, if the holiday has more than one centre, the various periods and their dates;
3° Means of transport, characteristics and categories of transport used, dates, times and places of departure and return;
4° The type of accommodation, its location, level of comfort and main characteristics, its tourist classification according to the regulations or practices of the host country;
5° Meals provided;
6° Itinerary (for tours);
7° Visits, excursions or other services included in the total price of the journey or holiday;
8° The total price of the services invoiced and an indication of any possible adjustment to this price under the terms of article 100 below;
9° Indication, if appropriate, of the fees or taxes payable for certain services such as landing, departure or arrival taxes in ports and airports or residential taxes when these are not included in the price of the services provided;
10° The schedule and modes of payment; in all cases, the final instalment made by the purchaser may not be less than 30% of the price of the tour or holiday and must be paid on receipt of the documents required to carry out the tour or holiday;
11° The special conditions requested by the purchaser and accepted by the vendor;
12° The procedure by which the purchaser may lodge a complaint with the vendor for failure to execute the contract or unsatisfactory execution of the contract; complaints must be sent as soon as possible by registered mail with acknowledgement of receipt requested to the vendor and notified in writing, if appropriate, to the travel organiser and provider of the services concerned;
13° The date by which the purchaser must be notified of cancellation of the tour or holiday if the tour or holiday depends on having a minimum number of participants, in accordance with the terms of clause 7° of article 96 above;
14° The contract cancellation conditions;
15° The cancellation conditions defined in articles 101, 102 and 103 below;
16° Details of the risks covered and the sums guaranteed under the insurance contract covering the professional civil liability of the vendor;
17° The information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the purchaser (policy number and insurer’s name), as well as details of the assistance contract covering certain particular risks, in particular repatriation costs in case of accident or illness; in this case the vendor must provide the purchaser with a document defining at least the risks covered and the risks excluded;
18° The date by which the vendor must be notified if the purchaser cancels the contract;
19° The vendor’s undertaking to provide the following information to the purchaser in writing at least ten days before the date set for his departure:
a) The name, address and telephone number of the vendor’s local representative or, if there is none, the names, addresses and telephone numbers of local organisations who might be able to help the consumer in case of difficulty, or failing this, the number to call to establish emergency contact with the vendor;
b) For minors travelling or holidaying abroad, a telephone number and address enabling direct contact with the child or the person responsible in the place where the child is staying.

Art. 99. The purchaser may transfer his contract to a third party who fulfils the same conditions as himself for the tour or holiday, so long as this contract has not had any effect. In the absence of any condition more favourable to the transferer, the latter must notify the vendor of his decision by registered mail with acknowledgement of receipt requested at least seven days before the start of the tour. For cruises, this notification must be sent fifteen days before the start of the cruise. In no case is prior authorisation required from the vendor in order to transfer the contract.

Art. 100. When the contract contains the express possibility of a price adjustment, within the limits defined in article 19 of the law of 13 July 1992, mention must be made of the specific reasons for the price modification, either increase or decrease, in particular the associated amount of transport costs and taxes, the currency or currencies that may affect the price of the tour or holiday, the part of the price to which the modification applies, the currency rate(s) used as a basis for setting the price stated in the contract.

Art. 101. When the vendor finds that he has to amend one of the essential clauses in the contract, such as increasing the price significantly, before the departure of the purchaser, the purchaser may, without prejudice to any possible claims for damages sustained, and after having been notified by the vendor by registered mail with acknowledgement of receipt requested:
• either cancel his contract and receive immediate reimbursement of the sums paid without penalty;
• or accept the amendment or the substitute tour offered by the vendor; an addendum to the contract defining the changes made is then signed by both parties;
any reduction in price will be deducted from the outstanding balance that may be still due by the purchaser and, if the sum already paid by the purchaser exceeds the price of the amended service, the surplus shall be refunded to the purchaser before the departure date.

Art. 102. In the case defined in article 21 of the law of 13 July 1992 above, where the vendor cancels the tour or holiday before the purchaser’s departure, he must notify the purchaser by registered mail with acknowledgement of receipt requested; the purchaser shall receive immediate reimbursement of the sums paid from the vendor, without penalty and without prejudice to any claims for damages sustained; in this case, the purchaser shall receive compensation at least equal to the penalty he would have had to pay had he cancelled the contract on that date. The terms of this article in no way impede the conclusion of an amicable settlement by which the purchaser accepts a substitute tour or holiday offered by the vendor.

Art. 103. When, after the purchaser’s departure, the vendor finds that it is impossible to supply a major part of the services described in the contract representing a significant proportion of the price paid by the purchaser, the vendor must immediately take the following measures without prejudice to payment of compensation for any damages incurred:

  • either propose services to replace the services initially planned, bearing the cost of any price supplement and, if the services accepted by the purchaser are of lower quality, the vendor shall refund the purchaser for the price difference upon his return;
  • or, if the vendor is unable to offer any replacement service or if the purchaser refuses such services for valid reasons, the vendor shall supply the purchaser, without additional cost, tickets for his return, in conditions that may be considered equivalent, to the place of departure or another place agreed by both parties.

 

 

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