CONDITIONS OF SALE

 

In accordance with article R.211-14 of the French Tourism Code, travel brochures and contracts provided by travel agents to customers must include the following terms and conditions in full. Please note that this English translation is provided as a courtesy, and that the original French text of law will prevail in case of dispute.

Article R211-3

Any offer or sale of services mentioned in article L. 211-1 must be accompanied by the appropriate documents as defined by the rules of this section.

Article R211-3-1

The exchange of pre-contractual information or the provision of contractual conditions shall be done in writing. This may be done electronically. The seller’s or reseller’s name or business name, address, licensing and registration information must be stated according to Article L. 141-3, or, if applicable, the name, address, licensing and registration information pertaining to the federation or union mentioned in part II of Article R. 211-2.

Article R211-4

Prior to the conclusion of the contract the seller or reseller shall provide the consumer with the following information:

1° The main characteristics of travel services:
a) The destination or destinations, the itinerary and length(s) of stay with dates and, when lodging is included, the number of nights included;
b) The type, characteristics and category of transport, the places, dates and hours of departure and arrival, the length and place of layovers and connections. When the exact hour is not fixed, the organizer or seller shall inform the traveler of the approximate time of departure and arrival;
c) The location and main characteristics of accommodations, and, when applicable, the category according to the laws of the country in question;
d) Included meals;
e) The visits, excursions and other services included in the total cost of the package;
f) Clear indication of travel services to be rendered in the context of a group, and, if possible, the size of the group;
g) When travel services are dependent upon efficient verbal communication, the language in which such services are to be rendered;
h) Information regarding the general accessibility of travel and services by individuals with reduced mobility, and, upon the request of the traveler, detailed information regarding the accessibility of travel or services according to the needs of the traveler;
2° The company name, geographical address, telephone number and, when applicable, electronic address(es) of the organizer or seller;
3° The total price including taxes, and, when applicable, all fees and/or additional costs, or, when these may not be reasonably calculated before the conclusion of the contract, an indication of the type of additional costs to which the traveler may be subjected;
4° Forms of payment, including the amount or percentage of the price to be paid as a deposit, and the payment calendar for the balance due, or the financial guarantees to be paid or supplied by the traveler;
5° The minimum number of participants required for trip departure, and the deadline to inform the buyer of cancellation of the contract in the case that this number is not met, according to the conditions of part III of Article R. 211-4;
6° General information regarding passports and visas, including the estimated time to acquire a visa, as well as information regarding vaccines and sanitary advisories at the destination;
7° Information as to the travelers’ ability to terminate the contract at any point prior to departure, with the application of appropriate cancellation fees, or the organizer or seller’s standard cancellation fees, according to part I of Article L. 211-14.
8° Information regarding required or optional insurance covering the costs of contract termination by the traveler, and/or the costs of assistance covering repatriation in case of accident, sickness or death.
Concerning packages defined in Article L. 211-2, the organizer or seller and professional to whom information is transmitted shall provide the traveler, prior to the signature of a contract, with the information referenced in the present Article, should the information be pertinent to the travel services offered.
The documentation providing the traveler with information referenced in the present Article is determined by joint decree from the Minister of Tourism and the Minister of Economy and Finance. This decree specifies the minimum information to provide the traveler in the case of a contract finalized by telephone.

Article R211-5

Information mentioned in sections 1°, 3°, 4°, 5° and 7° of Article R. 211-4 and communicated to the traveler is considered part of the contract and cannot be modified, other than according to the conditions stipulated in Article L. 211-9.

Article R211-6

The contract must include, in addition to the information defined in Article R. 211-4, the following information:
1° Specific conditions requested by the buyer and accepted by the organizer or seller;
2° A clause stipulating that the organizer and the seller are responsible for the proper execution of all travel services included in the contract as stipulated in Article L. 211-16, and that they are obligated to assist the traveler if he/she is in difficulty, as stipulated in Article L. 211-17-1;
3° The name of the entity charged with protection against insolvency and its contact information, including its geographical address;
4° The name, address, telephone number, electronic address and, where applicable, fax number of the organizer or seller’s local representative, point of contact or another intermediary through whom the traveler can quickly contact the organizer or seller and communicate in an efficient way, ask for help if the travel is in difficulty or file a complaint regarding any non-conformity during the execution of travel;
5° A clause stipulating that the traveler must communicate any non-conformity he/she observes during the execution of travel, according to part II of Article L. 211-16;
6° In the case of minors traveling without a parent or other authorized person with a contract that includes lodging, information permitting the establishment of direct contact with the minor or the person responsible for the minor in the minor’s place of travel;
7° Information regarding the internal procedures available for handling complaints, and regarding the mechanisms of extrajudicial settlement in case of dispute, and, if applicable, regarding the entity upon which the organizer or seller depends and the online settlement of disputes according to European Union regulation n° 524/2013 from the European Parliament and Council;
8° Information on the rights of the traveler to cede his/her contract to another voyager as stipulated in Article L. 211-11.
Concerning packages defined in part e, 2°, A, II of Article L. 211-2, the professional to whom traveler information is given shall inform the organizer or seller of the signature of a contract for the creation of a package. The professional provides the necessary information for the organizer to carry out his/her obligations in the quality of organizer. Once the organizer or the seller is informed of the creation of a package, he/she provides the traveler in writing with the information mentioned in parts 1° to 8°.

Article R211-7

The traveler may transfer his/her contract to an assignee who fulfills the same conditions as the traveler to perform travel, as long as the contract has not taken effect.
Absent a more favorable provision for the transferor, he/she must inform the seller of his/her decision via certified letter no later than seven days prior to departure. Such a transfer is in no way subject to authorization of the seller.

Article R211-8

When the contract includes a specific provision regarding price modifications, within the limits stipulated by Article L. 211-12, it must specify the conditions for price modifications, both increases and decreases, price variations, and transport charges and any associated taxes, currency fluctuations that may impact the price of travel, the element(s) subject to such fluctuations, and the exchange rate(s) of reference used in establishing the price stated on the contract.
In the case of price decreases, the organizer or seller retains the right to deduct his/her true administrative costs from the amount to be reimbursed to the traveler. At the request of the traveler, the organizer or seller shall provide proof of these administrative costs.

Article R211-9

When, prior to departure, the organizer or seller must modify an essential element of the contract, if he/she cannot satisfy the specific conditions mentioned in part 1° of Article R. 211-6, or in the case of a price increase superior to 8%, he/she shall inform the traveler in writing in a clear, comprehensible and timely manner:
1° Of proposed modifications and, if applicable, their repercussions on the price of travel;
2° Of a reasonable delay in which the traveler must inform the organizer or seller of his/her decision;
3° Of the consequences in the absence of a response from the traveler within the communicated delay;
4° If applicable, of the other service(s) proposed, and its price.
When the modification(s) of the contract or substitute service(s) lead to lower quality travel or services, or a price decrease, the traveler has the right to an adequate price reduction.
If the contract is dissolved and the traveler does not accept another trip or services, the organizer or seller shall reimburse all payments made by the traveler or in his/her name in a timely manner, at the latest fourteen days after dissolution of the contract, without prejudice to compensation as stipulated in Article L. 211-17.

Article R211-10

The organizer or seller shall reimburse the traveler as stipulated in parts II and III of Article L. 211-14, or as stipulated in part I of Article L. 211-14, shall reimburse all payments made by traveler or in his/her name, excluding the appropriate cancellation fees. Such reimbursements are to be made in a timely manner, at the latest fourteen days after dissolution of the contract.
In cases outlined in part III of Article L. 211-14, additional compensation that the traveler may receive is at least equal to the penalty that he/she would have paid if he/she had cancelled the trip on the same date.

Article R211-11

Assistance to be given by the organizer or seller according to Article L. 211-17-1 consists mainly of:
1° Providing practical information regarding health services, local authorities and consular assistance;
2° Assisting the traveler in long distance communications and in finding other travel services.
The organizer or seller retains the right to bill a reasonable fee for such assistance if the difficulty encountered is intentionally caused by the traveler or caused by his/her negligence. The billed price may not exceed the true costs borne by the organizer or seller.

 

TIERRA LATINA’S SPECIFIC CONDITIONS OF SALE

 

1. BOOKING

Booking is definitive upon receipt of the deposit. No reservations will be made prior to receipt of the deposit. Travel documents (airline tickets, vouchers, list of service providers) shall be sent after the payment of the balance due, at the latest one week prior to departure.

2. PRICE

Prices communicated by TIERRA LATINA are subject to modification in the following cases :

• unavailability of requested services
• sudden and/or abrupt variations in the price of services (inflation, fuel prices…)
• variations in the exchange rate of the US Dollar, the Euro, or other local currencies (Argentine Peso, Chilean Peso, Peruvian Sol…). Exchange rate : www.economie.gouv.fr.
• change(s) in the program resulting from a request on the part of the client or from a force majeure.

If the price readjustment is due to an unavailability of services, the client shall be so informed in the two weeks following the deposit payment (1 month for groups). In other cases, the client shall be informed within ten days prior to the payment of the balance due.
The client may avoid price variations (excluding problems of the availability of services) by paying the total price of the trip at the moment of reservation.

3. PAYMENT

For package tours, a deposit of 40% must be paid upon reservation (excluding the cost of airfare, which is to be paid immediately upon reservation). The balance due of 60% must be paid at the latest one month prior to departure (two months prior in the case of groups of 10 or more people), and this without reminder by the part of TIERRA LATINA.
For excursions and activities not included in the package, the corresponding balance must be paid in order to confirm the reservation.
If the departure date is less than one month from the date of the contract, the total balance must be paid upon reservation.
Payment is accepted in cash (Euros), by check made out to TIERRA LATINA, by credit or debit card (preferably by telephone, exclusively with Tierra Latina’s representatives Chloé Proust, Arthur Thénot or Alexandra Limplaire; the credit or debit card information will not be saved, as stipulated by current law) or by wire transfer to TIERRA LATINA Crédit Agricole Charente-Périgord, Bank Code 12406 Code Guichet 00124 Account n° 80000354302 RIB Key 08, Domiciliation : ANGOULEME CHAMP DE MARS. 27, rue René Goscinny 16000 ANGOULEME / IBAN : FR76 1240 6001 2480 0003 5432 924/ code SWIFT/BIC : AGRIFRPP824.

4. CANCELLATION

TIERRA LATINA may cancel travel in the case of force majeure (cataclysm, conflict, epidemic…). Participants shall be advised as soon as possible. Alternative travel will be proposed, or the deposit paid will be returned to the buyer.
The client may also cancel his/her participation in travel. He/she must make the request by certified letter. Regardless of the motive, the following cancellation fees are applicable:
* 10% of the total price of travel (minimum 200€/person): 2 months or more prior to departure.
* 50% of the price paid: 1 – 2 months prior to departure.
* 100% of the price paid: less than 1 month prior to departure.
For groups of ten or more people, these deadlines are increased by one month:
* 10% of the total price of travel (minimum 200€/person): 3 months or more prior to departure.
* 50% of the price paid: 2 – 3 months prior to departure.
* 100% of the price paid: less than 2 months prior to departure.
In the case of services that require immediate payment upon reservation (carnival, local festivals, cruises, hotels that require a deposit…), the amount paid is nonrefundable (this amount is previously communicated to the buyer).
Airfare (included or not included in the package) is nonrefundable once the deposit has been received. Cancellation fees may be reimbursed by TMS Contact or another organization for clients having contracted cancellation insurance, according to the conditions stipulated by such insurance.

5. MODIFICATIONS

TIERRA LATINA may modify the content of its programs in the case of unforeseeable events. TIERRA LATINA shall inform the client of such changes, and the client may decide to cancel his/her participation in travel without penalty in the case of significant modifications.
Any and all modifications by the client (change of name, in the number of participants or the program…) is subject to approval by TIERRA LATINA who may increase the announced price. Should the client refuse the corresponding price adjustment, the trip will be considered a cancellation.

6. RESPONSIBILITY

TIERRA LATINA may only be held responsible in the case of non-fulfillment of reserved services. For air services, the conditions and policies of each airline company are applicable.
If the cancellation or modification of flights on the part of the airline results in modifications in the travel program that lead to additional costs, TIERRA LATINA may file a dispute with the company in question. If the company does not reimburse the additional costs, these costs must be paid by the client. The client is responsible for verifying that he/she fulfills the conditions necessary for travel:
• acceptable health conditions (temperature, altitude at the destination)
• necessary paperwork: passport (valid at least 6 months after the intended end-of-travel date), visas, authorizations, driver’s license (when applicable). The first names, last names, birth dates and passport numbers communicated for airfare must be those that appear in the passport.
• Required vaccinations (yellow fever…)
• Health/physical condition necessary for certain activities (driving, horseback riding, hiking)

In the case of dispute, the client must send his/her claim by certified letter no later than one week after the conclusion of travel, and he/she must include any and all proof supporting the claim.
These specific conditions of sale are in addition to the General Conditions of Sale stipulated in law 92-645 of 13/07/92, the decree 94-490 of 15/06/94 and law 2017-1871 of 29/12/17.