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Vacances bleues - General and particular sales conditions<small></small>

General and particular sales conditions

The present sites’ aim is to provide information to Vacances Bleues customers taking part in stays in France, prior to reservation.
However, Vacances Bleues expressly reserves the right to bring alterations to the prices and contents of the stays available, as well as to the residences’ opening and closing dates, in accordance with the general and particular clauses listed in the following articles.


General information

TERMINOLOGY

The stays available on that site include:
- Stays in France in Holiday-Club hotels; hotels; residential rental resorts.

PETS

In some of our establishments (as indicated in the brochure) pets are welcome in return for a contribution. Pets are allowed subject to basic hygiene rules and veterinary arrangements (updated vaccination notebook…). Customers must carry their pets’ health records. Pets will be kept on a lead in the communal areas. Vacances Bleues reserves the right to deny access to dangerous or aggressive animals. Guests should be aware of the risk of being denied access to the establishment, should they fail to respect these rules.

VARIOUS INSURANCE POLICIES

The notion of civil liability (in case of accident, incident, theft) being different from one country to the next and depending on each country’s legislation, we strongly recommend that our customers protect themselves with a personal insurance policy and ensure that they do not leave any valuables, cash, jewellery, cameras, keys, identity papers,… in their luggage.

In accordance with article 27 of the January 6 1978 78-17 Law dealing with data processing, files and freedom, customers should be informed that all facts and information are gathered by Vacances Bleues Diffusion Tourisme before handling their reservation; we may have to use them or disclose them to third parties for marketing purposes. Article 34 of the 78-17 Law allows customers access to their personal information, as well as adjustments or oppositions (contact Vacances Bleues Diffusion Tourisme 60 rue St Jacques 13006 Marseille).

Registration for one of our stays implies that you know of and fully agree with our sales conditions which involve:
- on the one hand, general sales conditions. They are the clauses legally applicable to services linked to package tours, as provided for by the June 15 1994 94-490 Decree.
- on the other hand, the sales conditions specific to each type of product. They complete the former category and may occasionally alter them.

Vacances Bleues would like to stress the fact that some offers are subject to administrative and sanitary formalities which are quoted for each destination. Such formalities may change and we strongly recommend that you visit the following websites:
- the Ministère des Affaires Etrangères (French Foreign Office) website,
- the Institut Pasteur website.

The pictures illustrating the present brochure give only a partial and incomplete representation of our hotel facilities and sites.
We reserve the right to adjust them in case of misprint omissions.


Regulations
Art. 95- Subject to exclusions as provided for by the second paragraph (sections a and b) of article 14 of the above-mentioned July 13 1992 Law, any offer and sale of services linked to tours or stays result in the handing in to the customer of appropriate documents corresponding to the rules defined by the present document.
In case airline tickets or scheduled airline tickets are sold without services connected to these transports, the seller will provide the customer with one or several passenger’s tickets for the whole tour issued by the carrier or being under the carrier’s responsibility. In case of on- request transportations, the name and address of the carrier on behalf of whom the tickets are issued must be mentioned.
The separate invoicing of various elements of a same tourism package does not exclude the seller from the obligations that the present document entails.
Art. 96- Before the contract is concluded, and on the basis of a written document mentioning the seller’s corporate name, address and indication of administrative practice permit, the seller must let the customer know of prices, dates and other elements constitutive of the services given with the tour or stay, such as:
1°. Destination, means of transportation, characteristics and categories of transport used;
2°. Accommodation type, location, comfort level and main characteristics, approval and tourism classification corresponding to the host country’s regulations and customs;
3°. Meals served;
4°. Description of the itinerary for tours;
5°. Administrative and sanitary formalities to be performed, particularly when borders are crossed, as well as the time limits for performing them;
6°. Sightseeing visits and excursions and other services included in the package or possibly available at extra cost;
7°. The minimum or maximum size of groups needed for the tour or stay to be carried out being subject to a minimum number of participants, deadline for informing the customer of a possible cancellation of the tour or stay: the deadline cannot be less than 21 days before departure;
8°. Amount or proportion of the price to be paid as a deposit once the contract is concluded, as well as balance payment schedule;
9°. Price reappraisal modes as provided for by the application contract of Article 100 of the present Decree;
10°. Contract cancellation conditions;
11°. Cancellation conditions, as provided for by articles 101, 102 and 103 below;
12°. Precisions regarding the risks covered and the amount of the guarantees subscribed by the insurance contract covering the consequences of the travel agencies’ professional civil liability as well as the civil liability of non-profit making organisations and local travel organisations;
13°. Information regarding the optional subscription to an insurance contract covering the consequences of some cancellation cases or an assistance contract covering certain precise risks, in particular the repatriation expenses in case of accident or sickness.
Art. 97- The seller is committed by the preliminary information given to the customer, unless when the right to alter some of its elements has previously been expressly reserved. In that case, the seller must clearly indicate to which extent and on which elements such alterations may happen. The alterations brought to the preliminary information must at any rate be written and handed in to the customer before the contract is concluded.
Art. 98- The contract concluded between seller and customer must be written, and signed by both parties. There have to be two copies of it, one of which will be given to the customer. The document must include the following clauses:
1°. Name and address of seller, seller’s guarantor and insurance company, as well as organiser’s name and address;
2°. Journey destination(s) and, when the stay is fragmented, different periods and dates;
3°. Means, characteristics, categories of transport used; departure and return dates, schedules and places;
4°. Accommodation type, location, comfort level and main characteristics, plus tourism classification according to the host country’s regulations and customs;
5°. Number of meals served;
6°. Description of itinerary for tours;
7°. Sightseeing visits and excursions or other services included in the tour/stay’s total price;
8°. Total cost of services charged, as well as mention of any possible reappraisal of that charge, in accordance with the clauses of article 100 below;
9°. Indication, if need be, of dues or taxes relating to certain services, such as airport or port landing, disembarkation or boarding taxes, or visitor’s taxes when those are not included in the price of the service(s) given;
10°. Schedule and modes of payment; at any rate, the last instalment made by the customer must not be less than 30% of the tour/stay’s total cost, and must be paid on the day the documents necessary to the tour or stay are handed in;
11°. Particular conditions asked by the customer and accepted by the seller;
12°. Modes according to which the customer can make a complaint to the seller for not or badly accomplishing the contract; the complaint must be sent by a recorded delivery letter with acknowledgement of receipt to the seller; if necessary, it can also be reported in writing to the tour organiser and the concerned provider of services;
13°. Deadline for informing the customer in case the seller cancels the tour or stay, when the accomplishment of the stay depends on a minimum number of participants, as provided for by the clauses of 7° of the article above;
14°. Conditions for a contract cancellation;
15°. Conditions for a cancellation as provided for by articles 101, 102 and 103 above;
16°. Precision about the risks covered and the amount of the guarantees on account of the insurance contract covering the consequences of the seller’s civil liability;
17°. Indications (policy number and name of insurance company) about the insurance contract subscribed by the seller covering the consequences of some cancellation cases, as well as indications about the assistance contract covering some precise risks, particularly the repatriation expenses in case of accident or sickness; in such a case, the seller must hand in a document to the customer listing at least the risks covered and those not covered;
18°. Deadline for informing the seller in case the customer transfers the contract;
19°. Commitment to provide the customer with the following information in writing, at least ten days before the departure date:
a) the name, address and telephone number of the local representation, or failing that, the names, addresses and telephone numbers of the local organisations which are in a position to help the customer in case of difficulty, or failing that, the calling number needed to get in touch with the seller;
b) concerning the tours/stays abroad for young persons under 18 years of age, a phone number and an address making it possible to get directly in touch with the youngster or the person in charge of the youngster’s stay there.
Art. 99- The customer can give his/her contract up to a transferee fulfilling the same requirements needed to benefit from the tour or stay, as long as the contract has had no effect. Unless there is stipulation in his favour, the assignor has to inform the seller of his/her decision by recorded delivery letter with acknowledgement of receipt at least seven days before the tour begins.
For a cruise, the deadline is extended to fifteen days. Such a transfer is by no means submitted to a preliminary authorisation by the seller.
Art. 100- When the contract includes an express possibility of scaling the price up or down, within the limits provided for by article 19 of the above-mentioned July 13 1992 Law, the precise calculation modes, the price variations, particularly the amount of the transportation expenses and taxes, the currency(ies) which may affect the tour/stay’s cost, the proportion of the price affected by the variation, and the exchange rate of the currency(ies) accepted as reference when the price indicated by contract is fixed, must be mentioned.
Art. 101- When the seller has to alter one of the contract’s essential elements (such as a substantial cost rise) before the customer’s departure, the customer is left with two options, without prejudging the compensation appeals for the possible damage suffered and after receiving an information record delivery letter with acknowledgement of receipt from the seller:
- either cancel the contract and get an immediate refund of the paid sums, without penalty,
- or accept the alteration or a substitute tour offered by the seller;
an amendment to the contract in which the alterations made are mentioned is then signed by both parties; any price drop is deducted from the sums that may possibly be left to pay by the customer. If the payment that has already been effected exceeds the price of the altered service, the excess payment must be reimbursed before the customer’s departure date.
Art. 102- Case provided for by article 21 of the above-mentioned July 13 1992 Law: when the seller cancels the tour or stay before the customer’s departure, he must keep the customer informed by a record delivery letter with acknowledgement of receipt; the customer, without prejudging the compensation appeals for the possible damage suffered, gets an immediate refund of the paid sums by the seller, without penalties; he/she receives a compensation at least equal to the penalty he/she would have paid if he had initiated the cancellation at that date.
The present article’s clauses by no means prevent an amicable conclusion in which the customer accepts a substitute tour/stay offered by the seller.
Art. 103- After the customer’s departure, when the seller is unable to provide a preponderant part of the services initially fixed by contract which correspond to an important percentage of the price paid by the customer, the seller must immediately make the following arrangement, without prejudging any compensation appeals for the possible damage suffered:
- either offer substitute services accepted by the customer and possibly bear any price supplement; if the services accepted by the customer are of lesser quality the price difference must be reimbursed to him/her by the seller when he/she returns;
- or, if unable to offer any substitute services, or should those be rejected by the customer, for valid reasons, provide (at no extra-cost) transport tickets to guarantee the customer’s return to the departure place or his/her transfer to another place agreed upon by both parties, in equivalent conditions.

Regulations
Art. 1- PRICES
- Handling charge: All stays entail the payment of a handling charge. A fixed amount is demanded for a year, regardless of the number of stays enjoyed within the same year, and valid from December 1 of the current year to November 30 of the following year. Such a handling charge is systematically asked for when the deposit for the year’s first stay is paid; they are of: €15 per person- €25 per couple or family.
- Rates: Prices are fixed and cannot be split up. As they are set in relation to economic conditions, they may be readjusted in case of change in the economic circumstances, or new statutory regulations.
- Payment: A 25% deposit is asked when the reservation is made. When appropriate, the price of the tour is included in the deposit calculations. The CAF (French Family Allowance Office) travel vouchers cannot be accepted as deposit payment. The paying off of the balance must be carried out at least 40 days before the stay begins. Any holiday-maker failing to pay the sum in due time will be considered as having cancelled the stay without being able to benefit from the cancellation. As a consequence, he/she will have to pay for the cancellation fees according to the conditions described below. A total payment is required for registrations made less then 40 days before the departure date. It will be carried out when the registration is made. A stick-on label confirming registration must be placed in the right-hand side corner at the back of money orders or checks, even when a letter is attached to the payment. Money orders and checks are to be made out to VACANCES BLEUES, following the bank statement’s indications. Holiday vouchers are accepted. Vacances Bleues recommends that customers send them recorded delivery.
- Anyone having failed to pay entirely for a previous stay will be denied new registration until total payment is made.
- Reimbursements: Unused reserved excursions or packages, as well as delayed arrivals do not lead to refunds. Regarding stays on the French territory (stays with travel partners not included): anticipated return due to justified serious reasons can lead to a refund of 50% of the cost of the days that have not been enjoyed, as assessed by VACANCES BLEUES.

Art. 2: TRANSPORT
- Air-carrier responsibility: The consequences of accidents or incidents that could occur during air transportation are governed by the Montreal Convention. Thus, in case of damage or complaint of any type, the airlines’ responsibility is exclusively limited to the air transportation of passengers and their luggage, as stipulated by their transportation conditions in compliance with the clauses of the said Convention. The notion of civil liability (for accidents, incidents, thefts) being different from one country to the next and depending on each country’s legislation, we strongly recommend our customers to protect themselves and their belongings thanks to a personal insurance policy, and to ensure that they do not leave any valuables, jewellery, cameras, keys, identity papers, … in their luggage.

- Transport conditions:
Information about the carrier’s identity will be confirmed at least 8 days before the departure date, or when the contract is concluded, if this takes place less than 8 days before departure. You will be informed of the schedules on the customer’s notification.
Schedules and transport itinerary may be modified due to climatic conditions, fortuitous events, aircrafts frequency or safety requirements. This will not lead to any compensation whatsoever, particularly in case the duration of a programme is modified.
Thus, VACANCES BLEUES reserve the right to modify transport modes, to group several departure towns/cities together into one, to carry out the participants’ transfer to the destination of stay by road, rail or any possible air route, should the minimum number of participants for a town not be met.
Delays may occur more and more frequently due to the intensity of air traffic and as a result of reasons outside our control, such as strikes, technical incidents, weather conditions. Connections are not guaranteed, even when pre and post-forwarding are issued on the same ticket. No compensation will be granted in case of absolute necessity, as a result of a third party’s responsibility, or when a mistake is initiated by the customer.
Any unused outward-journey or way-back seat will not lead to a refund. A change of airport can occur within one city or town. Vacances Bleues cannot be held responsible for the cost such a change (when the change results from reasons outside our will) may provoke.

ART. 3- VACANCES BLEUES’ OBLIGATIONS
VACANCES BLEUES guarantees the correct progress of the stay or tour, in France or abroad. Still, we cannot be held responsible for fortuitous events, cases of absolute necessity or actions by third parties.

ART. 4- CANCELLATION
The cancellation of a stay in France by the customer leads to the application of the following compensations:
- Cancellation cost for a stay in France (stay with travel partners not included):
Over 45 days before the beginning of the stay: only the handling charge is withheld;
From 31 to 45 days before the beginning of the stay: the handling charge plus a €16 cancellation fee are withheld;
From 15 to 31 days before the beginning of the stay: the handling charge plus the deposit are withheld;
Under 15 days before the beginning of the stay: the handling charge plus 50% of the cost of stay are withheld;
For stays comprising a supplementary package, the total price of the package is withheld in addition.
Failure to turn up on the stay’s first day: if the establishment has been warned by phone, the cancellation conditions are applicable. If not, no reimbursement shall be made.
Regarding national transportation (air transport and SNCF rail transport) bought from VACANCES BLEUES to reach a holiday resort, the penalties applied are the same as those described in the paragraph entitled “cancellation costs for a stay abroad”.
However, no reimbursement will be applied in case of cancellation for Christmas and New Year periods.

- Customer’s responsibility: VACANCES BLEUES cannot be considered responsible in case a holiday-maker is turned back because of a defect in his/her identity papers or health-related documents (passport, visa, identity card, vaccination certification,…). We accept no responsibility for a possible delay in individual air, rail or road pre-forwarding which would prevent the passenger from turning up on departure, whatever the reason. In such a case, the cancellation compensable will be required.
- VACANCES BLEUES’ responsibility: However, VACANCES BLEUES can cancel a stay or a supplementary package, in France or abroad:
- When facing an unpredictable and insurmountable event, a problem caused by a third party not involved with the providing of the services fixed by contract, in case of absolute necessity, or for safety reasons;
- If the number of participants is not sufficient to guarantee a stay’s correct progress. Participants would then be warned at least 21 days before the beginning of the stay.
In such a case, VACANCES BLEUES will offer an equivalent stay or tour, within possibility. Should that not satisfy the customer, the whole of the sums paid will be reimbursed, except for the handling charge and any type of compensation.

ART. 5- MODIFICATION
VACANCES BLEUES reserves the right to modify a stay or fixed services in France or abroad, following an unpredictable and insurmountable problem caused by a third party not involved with the contract’s fulfilment, in case of absolute necessity, or for safety reasons. In such cases, VACANCES BLEUES will offer an equivalent stay or equivalent services.

ART. 6- ADMINISTRATIVE AND SANITARY FORMALITIES
The formalities indicated for each country only apply to French nationals. Modifications are likely to occur in the period between the catalogue publication and the departure date: for information, please contact the administrative authorities.
VACANCES BLEUES cannot be held responsible for the customers’ failure to respect the said formalities.
It is the customer’s duty to make sure his/her documents correspond to the destination country’s regulations.
Non- French customers must inform Vacances Bleues of their situation when making reservation. We will help them find information about the required administrative and sanitary formalities.

ART. 7- CANCELLATION INSURANCE
An optional cancellation insurance is available with your reservation request document. It comes with an abstract of the general conditions of sale and guarantees. . It allows the reimbursement (excess deducted) of the withheld sums, not including the handling charge, to VACANCES BLEUES, on account of a stay cancelled by the holiday-maker for health reasons, serious events or exceptional professional circumstances. The cancellation insurance must be subscribed at the latest a month before the beginning of the stay.

ART. 8- REPATRIATION ASSISTANCE (abstracts)
Registering for a VACANCES BLEUES stay or tour provides all participants living in France with the INTER MUTUELLES ASSISTANCES (IMA) guarantees which cover the repatriation assistance during the stay and the journeys to destination.
The guaranteed services are implemented by IMA or in preliminary agreement with IMA. IMA do not afterwards take part in the expenses made without their agreement.
- Territoriality of guarantees: In France or in the DOMs (overseas regions of France), the personal assistance guarantees are provided when the event occurs more than 50 km away from the policy-holder’s home. IMA operate worldwide, subject to geographical, economic, legal and political characteristics typical of the destination and noticed during the event.
- Guarantees’ contents
The material assistance to vehicles is not included.
Medical assistance in case of injury or sudden or unpredicted sickness:
After decision by their medical service, IMA take care of the injured or sick person’s repatriation using the most fitting transportation means. When the person’s heath state does not allow his/her transportation before 8 days, IMA provide one of the person’s close relations with a return transport ticket to enable to next of kin to be at the patient’s bedside. IMA take care of the medical and hospital costs as complement and/or advance of similar services owed by the social organisms or the insurance companies to a limit of:
- €4, 000 in France and the DOMs;
- €80, 000 abroad and in the TOMs (French overseas territories),
provided the beneficiary has a health insurance.
For the persons living abroad with no Social Security cover, the medical expenses contracted after an accident or a sudden and unexpected disease are taken care of to a limit of €30, 000.
Assistance in case of death
In the case of a beneficiary’s death, IMA take care of the body’s repatriation as far as the inhumation place in France or the beneficiary’s home country, on the basis of the average price for the coffin in the concerned country. In the case of a spouse, ascendant, descendant or sibling’s death, IMA provides the beneficiary with a transport ticket enabling him/her to return to his/her home country.
Advance
IMA can consent to an advance to face expenses occasioned by serious and unexpected difficulties. An acknowledgement of debt is then established.
Legal assistance
IMA can consent to an advance (to a limit of €3, 000) to cover a lawyer’s fees and the legal expenses the beneficiary might have to pay in case of a defence action or an appeal to a foreign jurisdiction, in case of accident, theft, damage, or any other type of loss suffered during a tour or stay. IMA can take care of the penal and civil bail advance to a limit of
€10, 000 in case of imprisonment or threat of imprisonment of the beneficiary, except when caused by an intentional act by the beneficiary.
Anticipated return
IMA provide the beneficiary with a transport ticket should he/she need to be at the bedside of a sick or injured person hospitalised for more than 10 days.
Non-medical escort
In case of necessity as estimated by IMA, the repatriation of a minor under 15 years of age can be supplemented with the taking care of the escort expenses (community’s escort personnel or a beneficiary’s family member).
Diverse services
IMA can send medicine should it not be available on the spot.
IMA usually do not intervene for domestic assistance. However, an agreement may occasionally be conceived depending on the particular circumstances of the accident.
HOW CAN YOU GET IMA’S INTERVENTION? In case of need, the VACANCES BLEUES agent will get in touch with IMA.

ART. 9- PROFESSIONAL CIVIL LIABILITY
As provided for by the clauses of article 20 and following ones of the June 15 1994 94-490 Decree implementing article 31 of the July 13 1992 92-645 Law, VACANCES BLEUES has subscribed a professional and civil liability insurance policy with Mutuelle Assurance des Instituteurs de France (MAIF), 79038 Niort cedex 09. The guarantees are granted to a limit of €5, 000, 000.

Art. 10- CIVIL DEFENSE LIABILITY INSURANCE
MAIF cover the consequences of civil liability that VACANCES BLEUES and the participants may face because of injury, and material and non-material damage caused to a third party and resulting from an accidental event.
The civil liability guarantee, which has no excess with it, is granted to a limit of €30, 000, 000 for all damage types, including €15, 000, 000 for material and non-material damage;
- to a limit of €5, 000, 000 for injuries resulting from food poisoning;
The accident claim is made by the VACANCES BLEUES agent, who sends it to MAIF along with the initial medical certificate, or, in case of theft, the notification made to the police authorities. The case will then be dealt with by the VACANCES BLEUES Insurance service, in relation with MAIF and the holiday-maker.
In case a participant commits injuries or material damage, his/her responsibility can be traced for compensation.

ART. 11- QUALITY OF STAY
At the end of each tour or stay, the holiday-maker will be given an assessment form where he/she will indicate satisfactions grounds as well as possible grievances against VACANCES BLEUES. Such forms are dealt with by a Quality Service. The Customer Service answers all commercial questions or those in connection with the quality of services. Please, send your questions to: VACANCES BLEUES, Service Clients, BP 217, 13431 Marseille cedex 06.

ART. 12- COMPLAINTS
The holiday-maker can complain to VACANCES BLEUES for not or badly accomplishing the contract. Complaints must be sent within 15 days after the stay by recorded delivery letter with acknowledgement of receipt to the following address.

VACANCES BLEUES
91, rue Breteuil – BP 217 – Marseille cedex 096
Siret (Identification of Establishment) n° 78288670900149 – Tourism authorisation n° 013 950 005

Diffusion Tourisme – SAS (Simplified Joint Stock Company) with a capital of 914 694
60 rue St Jacques – 13006 Marseille
RCS (Legal Registry of Business in France) Marseille 421 866 344 – Li n° 013 000 012

ORGANISME DE GARANTIE FINANCIERE (Financial Guarantee Organism)
Atradius Etoile Commercial – 44, avenue Georges Pompidou – 92596 Levallois Perret cedex

ASSURANCES (Insurance Companies)
Maif-Ima, 200, avenue Salvador Allende – 79038 Niort cedex, Contract n° 1732


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