Terms and conditions of sale

General terms and conditions of sales and reservations

Since 13 December 2016, Office de Tourisme de Passy (Association loi 1901) is authorised as a local tourist organisation registered in the register of travel and holiday operators n°: IM074100162
Financial Guarantee: GROUPAMA ASSURANCE-CRÉDIT, 8-10 RUE D’ASTORG, 75008 PARIS, FRANCE
Professional Liability Insurance MAIF – 200 AVENUE SALVADOR ALLENDE , 79000 NIORT, France
Office de Tourisme de Passy ensures the reservation and sale of the proposed service(s).

Article 1 – Responsibility
Office de Tourisme de Passy is the sole interlocutor of the client and is responsible to him for the execution of the obligations arising from the present general conditions of sale. Passy Tourist Office cannot be held responsible for fortuitous events, cases of force majeure or the actions of any person not involved in the organisation and running of the service. Safety and discipline are the responsibility of the person in charge of your group.

Article 2- Booking
The reservation becomes firm upon receipt of the signed, unstamped quote, accompanied by a deposit of 30% of the total price.

Article 3- Invoicing
A deposit of 30% will be requested upon signature of the quote.
The balance will be invoiced at the end of the service.
If the period between the completion of the service and the signing of the quote does not exceed 15 days, the balance will be requested in a single payment upon reservation.

Article 4- Price
The total price of the service does not include personal expenses and unspecified supplements.
After signing the quote, Passy Tourist Office reserves the right to revise the price upwards or downwards in accordance with the provisions of article R211-8.

Article 5 – Exchange voucher
As soon as the balance is received, the Passy Tourist Office reservation service will send you one or more exchange vouchers, which must be given to the service provider(s) on your arrival. This includes all the information necessary for the smooth running of your stay.

Article 6 – Conduct of the service
The group must arrive at the day, time and place of the meeting mentioned on the exchange voucher and follow the day’s/stay’s schedule in chronological order, otherwise the guide will no longer be available.

Article 7 – Late arrival
The client must arrive on the specified day and at the times mentioned on the contract. In case of late arrival, you must inform the Passy Tourist Office and the service providers. Furthermore, depending on the availability of the guide/accompanist, the visit will be :
– shortened, the service remaining due and no refund will be given,
– beyond three quarters of an hour’s delay, whatever your programme, you will not have a guide and the service will remain due.

Article 8 – Transport
The organisation of transport is not included in the service and remains the responsibility of the client.

Article 9 – Catering and guided tour
The exact number of participants (adults and children) must be communicated to Passy Tourisme in writing at least 72 hours (3 days) before the visit. This confirmation will serve as the basis for invoicing. The menu proposed by the restaurant is a single menu.

Article 10 – Insurance
The client is responsible for all damage caused by him. He is invited to take out an insurance policy for these various risks. A certificate of civil liability insurance may be requested and must be provided on first request.

Article 11- Risks covered and amount of guarantees
Passy Tourist Office has taken out professional liability insurance covering all types of damage (physical, material, immaterial, consecutive or non-consecutive) for a guarantee amount of €10,000,000 per year and per claim.

Article 12 – Cancellation by the client
Any complete or partial cancellation must be notified to the Passy Tourist Office by any means that will allow an acknowledgement of receipt to be obtained. The reimbursement of the sums paid will be made after deduction of the amounts (cancellation fees) specified below by way of compensation depending on the date of cancellation in relation to the date of the service.
From 30 to 15 days before the event: 30% of the amount will be retained
14 to 7 days before the event: 60% of the amount will be retained
From 7 to 0 days before the start of the service, the full price of the service will be due.
However, in the case of a partial cancellation, the amounts invoiced as a lump sum will be retained in full.

Article 13 – Cancellation by the Passy Tourist Office
Special provisions concerning certain types of services that require a minimum number of participants.
Passy Tourist Office reserves the right to cancel a service completely if the minimum number of participants is not reached.
In this case, Office de Tourisme de Passy will refund the total amount paid by the client. This cancellation cannot take place less than 21 days before the beginning of the service.

Article 14- Transfer of the contract
The client may transfer his contract to a transferee who fulfils the same conditions as him to carry out the service. In this case, the client must inform the vendor by registered letter with acknowledgement of receipt at the latest 7 days before the start of the service. The assignment of the contract must be made at cost price. The assignor and the assignee shall be jointly and severally liable to the seller for the payment of the balance of the price as well as any additional costs incurred as a result of this assignment.

Article 15 – Complaints/Disputes
Any complaint relating to a service provided under the responsibility of the Passy Tourist Office, within the framework of the holiday contract concluded with the client, must be sent by any means enabling an acknowledgement of receipt to be obtained to the Passy Tourist Office within 10 days following the provision of the service at the following address
Passy Tourist Office, Avenue du Léman Mont Blanc, 74190 Passy
Failing this, no claim will be accepted by Passy Tourist Office. The general conditions of sale are governed by decree N°94-490 of 23 December 2009, taken in application of law N°2009-888 of 22 July 2009, fixing the conditions of exercise of activities relating to the organisation and sale of travel or holidays. The purchase of the service described in the quotation implies the client’s full acceptance of the general conditions of the Passy Tourist Office and his unreserved acceptance of all their provisions.
Authorised Tourist Offices, within the framework of the law of 22 July 2009, can ensure the reservation and sale of all types of services, leisure activities and reception of general interest in their area of intervention. They facilitate the public’s approach by offering a choice of services. The Tourist Offices are local tourism organisations, made available to service providers who are not members and who have signed a mandate agreement with them. Under no circumstances can the FNOTSI and the Tourist Offices be held responsible for the use of these contracts by third parties or for purposes other than tourism.
In accordance with article R211-12 of the Tourism Code, the provisions of articles R. 211-3 to R. 211-11 must be reproduced on the brochures and travel contracts offered by the persons mentioned in article L. 211-1.

ARTICLE R.211-3
Subject to the exclusions provided for in the third and fourth paragraphs of Article L.211-7, any offer and sale of travel services or holidays shall give rise to the submission of appropriate documents which comply with the rules defined by this section.

ARTICLE R.211-4
Prior to the conclusion of the contract and on the basis of a written document bearing his company name, address and the indication of his administrative authorisation to operate, the vendor must communicate to the consumer information on the prices, dates and other constituent elements of the services provided on the occasion of the journey or stay such as
– the destination, means, characteristics and categories of transport used
– the catering services offered.
– the description of the itinerary in the case of a tour.
– the visits, excursions and other services included in the package or possibly available at an additional cost.
– the amount or percentage of the price to be paid as a deposit on conclusion of the contract and the timetable for payment of the balance.
– the contractual cancellation conditions. The cancellation conditions defined in Articles R.211-9, R.211-10 and R.211-11.

ARTICLE R.211-5
The prior information given to the consumer is binding on the seller, unless the seller has expressly reserved the right to modify certain elements of it. The seller must, in that case, clearly indicate to what extent this modification may be made and on what elements. In any event, changes to the prior information must be communicated to the consumer in writing before the contract is concluded.

ARTICLE R.211-6
The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which is given to the buyer and signed by both parties. It must include the following clauses:
– the name and address of the seller, his guarantor and his insurer as well as the name and address of the organiser.
– the itinerary in the case of a tour.
– the visits, excursions or other services included in the total price of the journey or stay
– the total price of the services invoiced as well as an indication of any revision of this invoicing pursuant to the provisions of Article R.211-8.
– the timetable and terms of payment of the price: the last payment made by the purchaser may not be less than 30% of the price of the journey or stay and must be made on delivery of the documents enabling the journey or stay to be carried out.
– the special conditions requested by the buyer and accepted by the seller.
– the terms and conditions under which the purchaser may submit a complaint to the vendor for non-performance or poor performance of the contract, a complaint which must be sent as soon as possible, by any means that allows an acknowledgement of receipt to be obtained, to the vendor, and where appropriate, notified in writing, to the travel organiser and the service provider concerned.
– the deadline for informing the purchaser in the event of cancellation of the trip or holiday by the vendor in the event that the trip or holiday is linked to a minimum number of participants, in accordance with the provisions of 7° of Article R.211-4.
– cancellation conditions of a contractual nature.
– the cancellation conditions provided for in Articles R.211-9, R211-10 and R211-11.
– the deadline for informing the seller in the event of the transfer of the contract by the buyer.

ARTICLE R.211-7
The purchaser may assign his contract to a dealer who meets the same conditions as him to carry out the journey or stay, as long as this contract has not produced any effect. Unless more favourable stipulations are made by the assignor, the latter is obliged to inform the vendor of his decision by any means allowing for an acknowledgement of receipt at the latest 7 days before the start of the trip.

ARTICLE R.211-8
When the contract includes an express possibility of price revision, within the limits provided for in article L.211-12, it must mention the precise methods of calculation, both upwards and downwards, of price variations, and in particular the amount of transport costs and related taxes, the currency or currencies that may have an impact on the price of the journey or stay, the part of the price to which the variation applies, the rate of the currency or currencies used as a reference when establishing the price appearing in the contract.

ARTICLE R.211-9
When, before the departure of the purchaser, the vendor is obliged to make a modification to one of the essential elements of the contract, such as a significant increase in price, the purchaser may, without prejudice to any recourse for compensation for any damage suffered, and after having been informed by the vendor by any means enabling an acknowledgement of receipt to be obtained : – either cancel the contract and obtain an immediate refund of the sums paid without penalty, – or accept the modification or the substitute trip proposed by the vendor, an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from the sums still owed by the purchaser and, if the payment already made by the latter exceeds the price of the modified service, the excess amount must be returned to him/her before the date of his/her departure

ARTICLE R.211-10
In the case provided for in article L.211-14, when, before the departure of the purchaser, the vendor cancels the journey or the stay, he must inform the purchaser by any means allowing him to obtain an acknowledgement of receipt; the purchaser, without prejudice to any recourse for compensation for any damage suffered, obtains from the vendor the immediate reimbursement of the sums paid without penalty; the purchaser receives, in this case, an indemnity at least equal to the penalty he would have incurred if the cancellation had been made by him on that date. The provisions of this article shall in no way prevent the conclusion of an amicable agreement for the purpose of acceptance by the buyer of a substitute trip or holiday proposed by the seller.

ARTICLE R.211-11
When, after the buyer’s departure, the seller is unable to provide a preponderant part of the services provided for in the contract, representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures, without prejudice to any recourse for compensation for damages suffered: – either propose services to replace the services provided for, possibly bearing any additional cost and, if the services accepted by the buyer are of inferior quality, the seller must reimburse the buyer, upon his return, for the difference in price – or, if he cannot offer any replacement service or if these are refused by the purchaser for valid reasons, provide the purchaser, at no extra cost, with transport tickets to ensure his return under conditions that can be considered equivalent to the place of departure or to another place accepted by both parties.