GENERAL TERMS AND CONDITIONS OF SALE EDGAR SUITES
– 10/26/2022
Parisian Suites Exploitation SAS operates, directly or indirectly (hereinafter referred to as the Operator), furnished apartments under the Edgar Suites banner, intended for transient customers or medium-term stays (hereinafter referred to as the Apartments).
GENERAL CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter “T&Cs”) apply to all bookings, regardless of the sales channel used.
ARTICLE 1 – RESERVATION
1.1 Acknowledgment of receipt of the reservation: the reservation of an Apartment with the operator is only valid after written confirmation of the reservation by the operator. The customer’s reservation is the subject of an acknowledgment of receipt by e-mail sent by the Operator to the customer summarizing and confirming the reservation.
In the case of an online booking, on the edgarsuites.com website, the acknowledgement of receipt of the booking by e-mail summarizes the contract offer, the services booked, the prices, the conditions of sale relating to the selected rate, accepted by the customer, information relating to after-sales service and commercial guarantees, as well as the address of the seller’s establishment to which the customer may submit any complaints.
1.2 The customer, prior to ordering the services, declares that the reservation of these services is made for his personal needs. As a consumer, the customer has specific rights, which would be called into question in the event that the reserved services would be for purposes that fall within the scope of his commercial, industrial, craft or liberal activity. It is forbidden to carry out a commercial or professional activity in the Apartments.
The customer is solely responsible for his choice of services and their suitability for his needs, so that the Operator cannot be held liable in this regard.
All reservations are nominative and may under no circumstances be transferred to a third party, whether free of charge or against payment.
1.3 The photographs presented on the site and/or the catalog are not contractual. Even if all the best efforts are made so that the photographs, graphic representations and the texts reproduced to illustrate the Apartments presented give as accurate an overview as possible of the accommodation services offered, variations may occur, in particular due to the change of furniture. or possible renovations. The customer cannot claim any claim from this fact.
ARTICLE 2 – PRICES
All reservations, whatever their origin, are payable in euros, except for special provisions.
The prices are flexible and variable in application of various customizable criteria such as the date of reservation, the date of the start of the stay, the duration of the stay, the type of Apartment (studio, 2 rooms, etc.).
They are per Apartment and per night for the dates and length of stay chosen, regardless of the number of people occupying the Apartment (within the limit of the maximum authorized) and include: rental of the Apartment, taxes and charges (water, electricity, heating).
According to the local regulations in force, certain additional taxes, such as the tourist tax, may be claimed from you upon your arrival in the Apartments.
Unless they are included in the price or specifically selected when booking, additional services are optional and will, where applicable, be charged extra.
Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be passed on to the prices indicated on the date of invoicing.
The price examples indicated “FROM” in the communication materials and on the website relate to a few selected nights and are only valid for the departure dates and cities indicated.
ARTICLE 3 – WARRANTIES
3.1 All reservations must be guaranteed with a credit card number valid on the date of the start of your stay and accompanied by the payment of a deposit corresponding to 30% of the total price of the reservation.
3.2 The guarantee may be used by the Operator in the event of non-payment by the occupant of the sums due to the operator, in respect of the accommodation service and/or the services of any damage caused to the Apartments or the parts municipalities, or in the event of theft in the Apartments. The customer’s credit card used for payment and guarantee of the stay may be debited after his departure, up to an estimate for repairs following the observation of deterioration of the apartment occupied by the customer.
Failure to comply with these terms and conditions will result in the reservation not being guaranteed.
3.3 The credit card used at the reservation as well as valid identity documents must be presented upon arrival.
If you fail to do so, the Operator may refuse you access to the Apartment.
3.4 For stays of more than 28 nights, a seasonal rental contract will be concluded between the Operator and the occupant at the time of arrival. The occupant must provide the following documents: 3 last payslips, the last tax notice, proof of address, bank details, a copy of the identity document and a bank guarantee materialized by a credit card number. credit valid until the end of the stay. The reservation will not be guaranteed if all of these documents are not met at the time of signing the accommodation contract.
Under no circumstances may the customer make the rented premises his main residence, whether for professional reasons, or for family or medical reasons. The customer agrees to have, throughout the rental period, an effective main residence.
ARTICLE 4 – PAYMENT OF RESERVATION
Payment terms apply to all bookings, regardless of length of stay.
PAYMENT METHODS:
For any reservation via the Operator’s website, payment can be made by credit card (Mastercard, Visa), or by any other means chosen by the Operator.
In the event of payment on site, payment may be made in cash (within the limits of the legal ceilings), bank card (Mastercard, Visa) or bank transfer subject to being able to note the credit on the bank account of the Operator. The management refuses the bank checks because of too many unpaid bills.
CAUTION:
Late payment. In the event of non-compliance with the aforementioned payment deadlines, late payment penalties may be applied by the Operator. Penalties will be due the day after the due date of the invoice at the rate of 15% per year, applied to the total amount including tax of the invoice. A fixed penalty equal to 15% of the sums due will also be payable in the event of contentious recovery.
ARTICLE 5 – CANCELLATION / MODIFICATION OF RESERVATION
5.1 General conditions for canceling the reservation: If the cancellation occurs within 14 days prior to arrival, the Operator will charge cancellation fees corresponding to 100% of the total amount of the reservation; if the cancellation occurs more than 14 days before arrival, the Operator will charge no fees. If the occupant does not show up on the day of arrival, the Operator reserves the right to apply the following penalties: 100% of the total amount of the reservation.
With regard to the additional services selected when booking: no cancellation made beyond the aforementioned deadlines will be taken into account by the operator. The amount of the reserved additional services will remain payable.
5.2 Conditions for partial cancellation of the reservation: will be considered as partial cancellation of the reservation, any modification of the date, the duration of the stay, the type of Apartment or the place of stay of the reservation initially confirmed by the Operator.
Given the sliding scale of the operator’s prices linked to the length of stays, if the partial cancellation of the reservation corresponds to a modification of the length of stay, this is likely to lead to a change in price.
In the event that the length of stay is less than that initially reserved, the operator reserves the right to refuse this change in length of stay and will charge the total amount confirmed at the time of booking.
In the case of a longer stay, the confirmation will be subject to acceptance by the Operator and the rate change will be applied from the date of announcement of the extension of the stay for the night(s) additional(s). The rate change will not apply retroactively.
In addition to a price change, any partial cancellation of the reservation is likely to result in the payment of the following penalties:
If the partial cancellation of the reservation occurs before the arrival date, the cancellation will incur costs:
- no charge if partial cancellation is made more than 14 days before arrival
- 100% of the total amount if partial cancellation is made within 14 days before arrival
To be taken into account, any cancellation (total or partial) must be notified:
- Directly with the Operator by e-mail when the reservation has been made directly with the Operator:
- With the third party booking system used when booking the Apartment.
5.3 Special cancellation conditions derogating from the general conditions may be established on a case-by-case basis when booking.
5.4 Specific cancellation conditions may apply when booking the stay on an online travel agency such as Booking.com or Airbnb.com. See the applicable conditions on the platforms concerned.
ARTICLE 6 – NON-EXCHANGEABLE / NON-MODIFIABLE / NON-REFUNDABLE / NON-CANCELLABLE STAYS AND OFFERS
Some of our holiday offers are stamped NON-EXCHANGEABLE, NON-REFUNDABLE. For these stays, the following conditions cancel and replace the aforementioned cancellation and modification conditions:
Prepayment of the total amount of the stay: all reservations must be accompanied by the payment of 100% of the total price of the stay. Otherwise, the reservation will not be guaranteed.
Non-exchangeable, non-refundable, non-cancellable and non-modifiable nature: given the preferential rate granted by the Operator, subscription to the offer and/or reserved stays are neither exchangeable, nor refundable, nor modifiable. No request for modification or cancellation will be taken into account. Regardless of the date on which the reservation is cancelled, compensation equal to 100% of the total amount of the stay will be retained.
The non-use of optional services that may have been reserved and invoiced will not give rise to any refund.
No-show at the place of stay: if you do not show up at the place of stay, compensation equal to 100% of the total amount of the stay will be withheld.
ARTICLE 7 – ARRIVAL AND DEPARTURE
The keys are handed over from 15:00 p.m. and no later than 22:00 p.m. on the day of your arrival, subject to presentation of the credit card used for the reservation as well as a valid identity document.
The keys are returned before 11:00 a.m. on the day of your departure. Beyond that, an additional night will be charged. These times are provided for information only and may be different for some of our Apartments.
ARTICLE 8 – OCCUPANCY
An Apartment is intended to be occupied by a determined number of occupants for rental and can under no circumstances be occupied by a greater number of people. All children 2 years and older are considered full persons and are counted towards the Apartment’s occupancy base. The operator informs you that it is not possible to add extra beds in the Apartments.
The rental is granted to the person declared at the reservation, whose contact details and marital status are held by the operator. The occupant may not lend or sublet, for any reason whatsoever, the Apartment to a third party.
ARTICLE 9 – MINORS
We draw your attention to the fact that our Apartments do not depend on a Holiday and Leisure Center within the meaning of decree n ° 2002-883 dated May 3, 2002, and are not adapted to ensure collective or individual stays. outside the family home of minors under 18, unaccompanied by their legal guardians. The Operator reserves the right to refuse access to the Apartment which would have been reserved in disregard of this prescription for the benefit of minors under the age of 18 unaccompanied by their legal administrators presenting themselves at the reception of the Apartments, and to immediately cancel the stay. Under the same conditions, the operator may cancel the reservation at any time before the start of the stay, if it discovers that the Apartment is intended to accommodate minors under the age of 18 unaccompanied by their legal administrators. The cancellations referred to may not give rise to any reimbursement of the costs previously collected by the Operator.
Child policy: accommodation is free for a baby under 2 (two) years old accommodated in their parents’ Apartment and must be mentioned at the time of booking. Baby kits can be reserved in advance, directly at reception (baby chair + cot), subject to availability.
ARTICLE 10 – PERSONAL DATA
By booking a stay in one of the Operator’s Apartments, the data collected is processed by the Operator. This personal data is necessary to create and validate the reservation and may be used to get to know the customer better and send him information on the products and services of the group to which the Operator belongs. In the absence of information, the Operator could not register a reservation.
The data is intended for the Operator and its service providers. The data may be transferred to entities established outside the European Union in order to manage your reservation, to follow your file within the framework of pre-contractual measures or on the basis of an authorization from the CNIL.
The Operator implements a processing, for which it is responsible, of the data concerning you for the purposes of commercial management of its reservations and its customers, invoicing and payment, prospecting and commercial promotion/animation, commercial statistics and satisfaction surveys.
As required by law, you can read our Privacy Policy on our website edgarsuites.com. You have a right of access, interrogation, rectification, opposition with Parisian Suites Exploitation SAS as well as the right to define guidelines for the processing of your data after your death that you can exercise using the unique address: [email protected] or by post to :
Personal data management service
Parisian Suites Exploitation
40 rue de Liège
75008 Paris – France
Regarding cold calling, you have a specific right of opposition by registering on the BLOCTEL list (www.bloctel.gouv.fr).
ARTICLE 11 – CARDS AND SUBSCRIPTIONS
Advantages, discounts and reservation guarantees linked to the Operator’s subscription or loyalty cards are applicable only to reservations made within the Operator’s Apartments and cannot be combined with other types of offers.
ARTICLE 12 – INTERNAL REGULATIONS
Rules of procedure can be consulted in each apartment.
Each occupant is presumed to have read it validly. The occupant undertakes to keep the movable property made available to him in the Apartment in good general condition and must declare any defect or malfunction at reception.
We invite you to take certain precautions to avoid any inconvenience: close your bay windows and any shutters before leaving your Apartment, check that you have slammed the apartment door. We remind you that the omission of personal effects inside your Apartment during the release of the premises cannot engage the responsibility of the Operator.
The Operator reserves the right to enter the apartments to carry out cleaning, check the general condition and enforce the security conditions.
Animals are not accepted in the Apartments.
It is strictly forbidden to smoke in the Apartments as well as in the common areas of the buildings.
It is strictly forbidden to organize private or open public events, in particular parties and commercial activities within the apartments.
The Apartments must be occupied as a good father, in particular by respecting the neighborhood during your entire stay and more particularly noise pollution is strictly prohibited between 22 p.m. and 8 a.m.
The Apartments offer Wifi access allowing customers to connect to the internet. The Customer agrees that the computer resources made available to it by the Operator will not be used in any way for the purposes of reproduction, representation, provision or communication to the public of works or objects. protected by copyright or by a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in books I and II of the Code of intellectual property where such permission is required. The Customer is required to comply with the security policy of the Internet access provider of the Apartments, including the rules for the use of the means of security implemented with the aim of preventing the illicit use of computer resources [or other name used in the company’s IT charter] [ou autre dénomination utilisée dans la charte informatique de l’entreprise], and to refrain from any act that undermines the effectiveness of these means. If the Customer does not comply with the aforementioned obligations, he could be accused of an offense of counterfeiting (article L.335-3 of the Intellectual Property Code), punishable by a fine of 300.000 euros and three years’ imprisonment. .
In the event of a breach by the occupant of the obligations imposed on him by virtue of these conditions, in particular non-compliance with the internal regulations, the Operator reserves the right to interrupt his stay and keep the sums already collected.
ARTICLE 13 – LIABILITY
13.1 We would like to bring to your attention the fact that renting a furnished residence does not fall within the scope of the hoteliers’ responsibility. Consequently, the operator cannot be held liable in the event of loss, theft or damage to personal effects, both in the apartments and in the common premises.
13.2 The prescription for the sums due for the services sold by the Operator does not fall within the scope of application of the hotel prescription (article 2272 of the Civil Code). As an exception to article 2244 of the Civil Code, the sending of a RAR letter by the Operator to any debtor customer interrupts the applicable prescription in the matter.
ARTICLE 14 – APPLICABLE REGULATIONS
14.1 The Operator’s services and the T&Cs are governed by French law, without prejudice to the law applicable under the provisions of private international law. This is the case for the rules of substance as well as for the rules of form.
14.2 The occupant cannot avail himself of the legal provisions applicable to residential leases, in particular with regard to staying in the premises. The occupant undertakes not to take up residence at the address of the establishment, neither for tax purposes, nor professionally, nor to lend, sublet, in any capacity whatsoever, the Apartment to a third.
14.2 In application of the regulations in force, the client may be asked, upon arrival at the Apartments, to complete a police form. To do this, the customer will be asked to present a valid identity document in order to check whether or not he must complete the police form.
ARTICLE 15 – AFTER-SALES SERVICE
Our teams are at your disposal during your stay to respond to your complaints, resolve any malfunctions observed and allow you to fully enjoy your stay. You should contact them for any request.
Any complaint, after your stay, may be subject to:
– by registered letter with acknowledgement of receipt, addressed to the Operator – Service Relations Clientèle, 40 rue de Liège, 75008 Paris.
– by sending an e-mail to: [email protected]
within 2 (two) months after the end of your stay, so that we can respond to it as soon as possible. We draw your attention to the fact that the longer you delay in informing us of your complaints, the more we risk encountering difficulties in settling your request in your best interests. Please specify, in your letter, the name of the person who booked the stay, the booking number, the place and dates of your stay as well as the type of apartment or room booked in order to facilitate the processing of your file. Likewise, we thank you for attaching to your letter all supporting documents allowing us to limit the processing time of your complaint.
ARTICLE 16 – RELOCATION
In the event of an exceptional event or the impossibility of making the reserved Apartment available to you or in the event of force majeure, the Operator may offer you a relocation, for all or part of the duration of your stay, in an apartment of equivalent category, for services of the same nature and subject to your prior agreement.
Any additional costs will be borne by the Operator.
ARTICLE 17 – ENFORCEABILITY OF THE T&Cs
Registration for one of our stays implies acceptance of our T&Cs. To find out which conditions apply (including booking, payment, modification and cancellation conditions), please consult the online conditions at edgarsuites.com. These General Terms and Conditions of Sale apply as long as they are posted on the edgarsuites.com website and may be amended and/or supplemented by the Operator at any time. In this case, the new version of the special conditions of sale by internet will be put online by the Operator.
As soon as it is posted on the internet, the new version of the special conditions of sale by internet will automatically apply to all customers.
The booking of a stay with the Operator implies acceptance of these T&Cs.
Any booking via the edgarsuites.com website or mobile services implies full and unreserved consultation and acceptance of the terms and conditions of sale for the rate booked. The customer’s agreement concerning the T&Cs and the conditions of sale of the reserved rate occurs when the reservation is made; no reservation is possible without this agreement. The customer has the ability to save and edit the T&Cs using the standard features of his browser or computer.
In the event that the T&Cs are in contradiction with the specific conditions of a tariff (non-modifiable, non-refundable public tariffs) or of a contract (Company, Leisure contracts, etc.), the latter shall prevail.
ARTICLE 18 – SUBSIDIARIES AND OPERATING COMPANIES
The Operator is entrusted by its subsidiaries and the companies operating the Apartments operated under the Edgar Suites brand, with distributing the stays, ensuring the management and follow-up of your reservations in their name and on their behalf (excluding transport services, insurance and application fees or sale of “package” stays distributed in its own name).
ARTICLE 19 – REPRODUCTION OF ARTICLES FROM THE TOURISM CODE
Our general conditions of sale comply with the provisions of article R.211-12 of the Tourism Code. In order to comply with the legal provisions, we reproduce the articles. R.211-3 to R.211-11 of said Code.
Art. R.211-3 – Subject to the exclusions meet the rules defined by this one or more passage tickets for all provided for in the third and fourth section paragraphs. In the event of the sale of travel tickets, issued by the carrier or under its article L.211-7, any offer and sale of air tickets or on-line tickets is liability. In the case of transport to the travel services or stays give regular unaccompanied by related services request, the name and address of the carrier, place at the delivery of appropriate documents which to these transport, the seller delivers to the buyer on whose behalf the Notes are issued,
should be mentioned. The separate invoicing of the various elements of the same tourist package does not exempt the seller from the obligations imposed on him by the regulatory provisions of this section.
Art. R.211-3-1 – The exchange of pre-contractual information or the provision of contractual conditions is carried out in writing. They can be done electronically under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code. The name or business name and address of the seller are mentioned, as well as the indication of its registration in the register provided for in a) of article L.141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of article R.211-2.
Art. R.211-4 – Prior to the conclusion of the contract, the seller must communicate to the consumer information on the prices, dates and other constituent elements of the services provided during the trip or stay such as:
- the destination, means, characteristics and categories of transport used;
- the type of accommodation, its location, its level of comfort and its main characteristics, its approval and its tourist classification corresponding to the regulations or customs of the host country;
- the catering services offered; 4. the description of the route in the case of a circuit;
- the administrative and health formalities to be completed by nationals or by nationals of another Member State of the European Union or of a State party to the agreement on the European Economic Area in the event, in particular, of crossing borders as well as their deadlines for completion;
- visits, excursions and other services included in the package or possibly available at an additional cost; 7. the minimum or maximum size of the group allowing the completion of the trip or stay as well as, if the completion of the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation the trip or stay; this date cannot be set less than twenty-one days before departure;
- the amount or percentage of the price to be paid as a deposit at the conclusion of the contract as well as the schedule for payment of the balance;
- the terms of price revision as provided for in the contract pursuant to Article R.211-8;
- contractual cancellation conditions;
- the cancellation conditions defined in Articles R.211-9, R.211-10 and R.211-11;
- 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 accident or illness; 13. When the contract includes air transport services, the information, for each flight segment, provided for in Articles R.211-15 to R.211-18.
Art. R.211-5 – The prior information given to the consumer binds the seller, unless in this the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent this modification can occur and on what elements. In any case, the modifications made to the prior information must be communicated to the consumer before the conclusion of the contract.
Art. 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. When the contract is concluded electronically, it is
applies articles 1369-1 to 1369-11 of the civil code. The contract must include the following clauses:
- the name and address of the seller, its guarantor and its insurer as well as the name and address of the organiser;
- the destination or destinations of the trip and, in the event of a split stay, the different periods and their dates;
- means, characteristics and categories of transport used, dates and places of departure and return;
- the type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification under the regulations or customs of the host country;
- the catering services offered;
- the itinerary in the case of a circuit;
- visits, excursions or other services included in the total price of the trip or stay; 8. the total price of the services invoiced as well as the indication of any possible revision of this invoicing under the provisions of article R.211-8;
- the indication, if applicable, of fees or taxes relating to certain services such as landing, disembarkation or boarding taxes at ports and airports, tourist taxes when they are not included in the price of the service(s) provided;
- the timing 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 trip or stay and must be made upon delivery of the documents allowing the trip or stay to be carried out;
- the special conditions requested by the buyer and accepted by the seller;
- the terms under which the buyer can submit a complaint to the seller for non-performance or poor performance of the contract, which complaint must be sent as soon as possible, by any means allowing an acknowledgment of receipt to be obtained from the seller, and, where applicable, reported in writing to the travel organizer and the service provider concerned;
- the deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7° of article R.211-4;
- contractual cancellation conditions;
- the cancellation conditions provided for in Articles R.211-9, R.211-10 and R.211-11;
- the details concerning the risks covered and the amount of the guarantees under the insurance contract covering the consequences of the seller’s professional civil liability;
- the information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as those concerning the assistance contract covering certain specific risks, in particular the costs repatriation in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;
- the deadline for informing the seller in the event of assignment of the contract by the buyer;
- the commitment to provide the buyer, at least ten days before the scheduled date of departure, with the following information:
- a) the name, address and telephone number of the seller’s local representation or, failing that, the names, addresses and telephone numbers of local bodies likely to help the consumer in the event of difficulty or, failing that, the telephone number for establishing urgent contact with the seller;
- b) for travel and stays of minors abroad, a telephone number and an address enabling direct contact to be established with the child or the person in charge of their stay on the spot;
- The termination clause and reimbursement without penalty of the sums paid by
the buyer in the event of non-compliance with the information obligation provided for in 13° of article R.211-4;
- The commitment to provide the buyer, in good time before the start of the trip or stay, with the departure and arrival times.
Art. R.211-7 – The buyer may assign his contract to a transferee who fulfills the same conditions as him to carry out the trip or the stay, as long as this contract has not produced any effect. Unless stipulated more favorable to the transferor, the latter is required to inform the seller of his decision by any means allowing him to obtain an acknowledgment of receipt no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This assignment is not subject, under any circumstances, to prior authorization from the seller.
Art. 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 calculating, both upwards and downwards, price variations, and in particular the amount of transport costs and related taxes, the currency or currencies which may have an impact on the price of the trip or stay, the part of the price to which the variation applies, the course of the currency or currencies retained as a reference when establishing the price appearing in the contract.
Art. R.211-9 – When, before the departure of the buyer, the seller finds himself forced to make a modification to one of the essential elements of the contract, such as a significant increase in the price, and when he disregards the information obligation mentioned in 13° of article R.211-4, the buyer may, without prejudice to recourse for compensation for any damage suffered, and after having been informed by the seller by any means allowing him to obtain an acknowledgment of receipt: – either terminate his contract and obtain, without penalty, the immediate reimbursement of the sums paid;
– either accept the modification or the replacement trip proposed by the seller; an addendum to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums remaining due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of his departure.
Art. R.211-10 – In the case provided for in article L.211-14, when, before the departure of the buyer, the seller cancels the trip or stay, he must inform the buyer by any means allowing him to obtain an acknowledgment of reception ; the buyer, without prejudging recourse for compensation for any damage suffered, obtains from the seller the immediate reimbursement and without penalty of the sums paid; the buyer receives, in this case, an indemnity at least equal to the penalty he would have borne if the cancellation had taken place by him on that date. The provisions of this article do not in any way prevent the conclusion of an amicable agreement having as its object the acceptance, by the buyer, of a journey or alternative stay proposed by the seller.
Art. R.211-11 – When, after the departure of the buyer, the seller is unable to provide a major part of the services provided for in the contract representing a significant percentage of the price honored by the buyer, the seller must immediately take the following measures without prejudge claims for compensation for any damage suffered:
– either offer services to replace the services provided by possibly supporting any additional price and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him, upon his return, the difference in price;
– or, if he cannot offer any replacement service or if these are refused by the buyer for valid reasons, provide the buyer, at no additional cost, with tickets to the place of departure or to another place accepted The provisions of this article are transport to ensure its return in by both parties. applicable in the event of non-compliance with the obligation conditions that can be deemed equivalent to those provided for in 13° of article R.211-4.
