GENERAL CONDITIONS OF SALE EDGAR SUITES September 16, 2020 FRENCH LAW !
Parisian Suites Exploitation SAS operates, directly or indirectly, (hereinafter referred to as the “Operator”) furnished apartments for transient customers or medium-term stays (hereinafter referred to as the “Apartments”) under the Edgar Suites brand.
GENERAL CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter referred to as GTC) apply to all reservations, regardless of the sales channel used.
ARTICLE 1 RESERVATION
1.1 Acknowledgement of the reservation: the reservation of an apartment with the operator is valid only after written confirmation of the reservation by the operator. The client’s reservation is acknowledged by an e-mail sent by the Operator to the client summarizing and confirming the reservation. In the case of an online reservation, on the website www.edgarsuites.com, the acknowledgement of receipt of the reservation by e-mail summarizes the contract offer, the reserved services, the prices, the conditions of sale related to the selected tariff, accepted by the client, the information related to the after-sales service and the commercial guarantees, as well as the address of the seller’s establishment to which the client can submit his complaints. 1.2 The client, prior to ordering the services, declares that the reservation of these services is made for his personal needs. As a consumer, the client has specific rights, which would be called into question in the event that the services booked would be for purposes that fall within the scope of his or her commercial, industrial, craft or liberal activitý. It is forbidden to exercise in the Apartments a commercial or professional activitý. The client is solely responsible for his or her choice of services and their suitability for his or her needs, such that the Operator’s liability cannot be sought in this respect. Any reservation is nominative and cannot in any case be transferred to a third party, either free of charge or for a fee. 1.3 The photographs presented on the site and/or the catalog are not contractual. Although every effort is made to ensure that the photographs, graphics and texts reproduced to illustrate the Apartments presented give as accurate an idea as possible of the accommodation services offered, variations may occur, particularly due to changes in furniture or possible renovations. The customer cannot claim any complaint because of this.
ARTICLE 2 RATES
All reservations, regardless of their origin, are payable in Euros, unless otherwise specified. Prices are flexible and variable according to different criteria such as the reservation date, the start date of the stay, the length of the stay, the type of apartment (studio, 2 rooms, etc.). They are per Apartment and per night for the chosen dates and duration of stay, regardless of the number of people occupying the Apartment (within the limit of the authorized maximum) and include: the rental of the Apartment, taxes and charges (water, electricity, heating). Depending on the local regulations in force, some additional taxes, such as the tourist tax, may be claimed upon arrival in the Apartments. Unless included in the price or specifically selected at the time of booking, additional services are optional and will be charged extra. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices indicated at the time of invoicing. The price examples indicated “FROM” in the communication materials and on the website concern a few selected nights and are only valid for the dates and departure cities indicated.
ARTICLE 3 GUARANTEES
3.1 All reservations must be guaranteed with a credit card number valid on the date of the beginning 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 for the accommodation service and/or the services of any damage caused in the Apartments or common areas, 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 the amount of an estimate of repair following the observation of deterioration of the apartment occupied by the customer. If these conditions are not respected, the reservation will not be guaranteed. 3.3 The credit card used for the reservation and valid identification must be presented upon arrival. Failure to do so may result in the Operator refusing access to the Apartment. 3.4 For stays of more than 28 nights, a rental agreement will be concluded between the Operator and the occupant at the time of arrival. The occupant will have to provide the following documents: 3 last pay slips, the last tax notice, a proof of residence, a bank account number, a copy of the identity card and a bank guarantee materialized by a credit card number valid until the end of the stay. The reservation will not be guaranteed if all these documents are not gathered at the time of the signature of the accommodation contract. Under no circumstances may the client make the rented premises his or her main residence, whether for professional reasons, or for family or medical reasons. The client commits himself to have, during the whole rental period, an effective main residence.
ARTICLE 4 PAYMENT OF THE RESERVATION
Payment terms apply to all reservations, regardless of the length of stay. METHODS OF PAYMENT : For any reservation via the website of the Operator, the payment can be made by credit card (Mastercard, Visa), or by any other means chosen by the Operator. In case of payment on the spot, the payment can be made in cash (within the legal limits), credit card (Mastercard, Visa) or bank transfer, provided that the credit on the bank account of the Operator can be established. The management refuses bank checks because of too many unpaid bills. ATTENTION: Late payment. In case of non respect of the above mentioned 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 VAT of the invoice. A fixed penalty equal to 15% of the amounts due will also be payable in case of contentious recovery.
ARTICLE 5 CANCELLATION / MODIFICATION OF THE RESERVATION
5.1 General conditions of cancellation of the reservation: If the cancellation occurs within 42 days before the arrival, the Operator will charge a cancellation fee of 100% of the total amount of the reservation; if the cancellation occurs more than 42 days before the arrival, the Operator will not charge any fee. Beyond these deadlines and in case of no-show of the occupant on the day of arrival, the Operator reserves the right to apply the following penalties: 100% of the total amount of the reservation. Regarding the additional services selected at the time of booking: no cancellation made after the above-mentioned deadlines will be taken into account by the operator. The amount of the reserved additional services will remain due. 5.2 Conditions for partial cancellation of the reservation: any change in the date, duration of stay, type of apartment or place of stay of the reservation initially confirmed by the Operator will be considered as a partial cancellation of the reservation. Given the degressive nature of the Operator’s tariffs linked to the duration of the stay, if the partial cancellation of the reservation corresponds to a change in the duration of the stay, this may result in a change in tariff. In case the length of stay is shorter than the one initially booked, the operator reserves the right to refuse the change of the 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 as of the date of announcement of the extension of stay for the additional night(s). The rate change will not be applied retroactively. In addition to a change in rate, any partial cancellation of the reservation may result in the payment of the following penalties: If the partial cancellation of the reservation occurs prior to the arrival date, the cancellation will result in a fee:
- no charge if partial cancellation is made more than 42 days before arrival
- 100% of the total amount if the partial cancellation is made within 42 days before arrival
To be taken into account, any cancellation (total or partial) must be notified:
- Directly to the Operator by e-mail when the reservation has been made directly with the Operator;
- With the third party reservation 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 at the time of booking.
ARTICLE 6 NON-EXCHANGEABLE / NON-CHANGEABLE / NON-REFUNDABLE / NON-CANCELLABLE STAYS AND OFFERS
Some of our offers are stamped NON EXCHANGEABLE, NON REFUNDABLE. For these stays, the following conditions cancel and replace the cancellation and modification conditions mentioned above: 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 character: given the preferential rate granted by the Operator, the subscription to the offer and/or the reserved stays are neither exchangeable, nor refundable, nor modifiable. No request for modification or cancellation will be taken into account. Whatever the date on which the reservation is cancelled, compensation equal to 100% of the total amount of the stay will be retained. The non-consumption of optional services that may have been booked and invoiced will not give rise to any refund. Non-appearance at the place of stay: if you do not show up at the place of stay, an indemnity equal to 100% of the total amount of the stay will be retained.
ARTICLE 7 ARRIVAL AND DEPARTURE
The keys are handed over from 3:00 pm to 10:00 pm on the day of your arrival, subject to the presentation of the credit card used for the reservation as well as a valid identity card. The keys are returned before 11:00 am on the day of your departure. Beyond this time, an additional night will be charged. These times are given as an indication and may be different for some of our apartments.
ARTICLE 8 OCCUPATION
An Apartment is intended to be occupied by a specific number of occupants at the time of rental and may not be occupied by more than that number of persons. All children aged 2 years and over are considered as full persons and are counted in the occupancy base of the Apartment. 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 time of booking, whose contact details and civil status are held by the operator. The occupant may not lend or sublet the Apartment to a third party for any reason whatsoever.
ARTICLE 9 MINORS
We would like to draw your attention to the fact that our apartments are not part of a vacation and leisure center as defined by the decree n° 2002-883 dated May 3, 2002, and are not suitable for collective or individual stays outside the family home of minors under 18 years of age, unaccompanied by their legal guardians. The Operator reserves the right to refuse access to the Apartment that has been reserved in disregard of this requirement for minors under 18 years of age who are not accompanied by their legal guardians when they arrive at the reception of the Apartments, and to cancel the stay immediately. Under the same conditions, the operator may cancel the reservation at any time before the beginning of the stay, if he discovers that the Apartment is intended to accommodate minors under 18 years of age who are not accompanied by their legal guardians. Such cancellations will not give rise to any reimbursement of fees previously collected by the Operator. Child policy: accommodation is free of charge for a baby under 2 (two) years old staying in the parents’ apartment and must be mentioned at the time of booking. Baby kits can be reserved in advance, directly with the reception (baby chair + baby bed), subject to availability.
ARTICLE 10 PERSONAL DATA
When you book a stay in one of the Operator’s apartments, the data collected will be processed by the Operator. These personal data are necessary to create and validate the reservation and may be used to get to know the client better and to send him/her information on the products and services of the group to which the Operator belongs. Without this information, the Operator will not be able to register a reservation. The data is intended for the Operator and its service providers. The data can 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 of the CNIL. The Operator implements a treatment, for which it is responsible, of the data concerning you for purposes of commercial management of its reservations and its customers, invoicing and payment, canvassing and commercial promotion/animation, commercial statistics and satisfaction surveys. In accordance with the legal provisions, you can read our personal data protection charter on our website www.edgarsuites.com. You have the right to access, question, rectify and oppose the use of your personal data by Parisian Suites Exploitation SAS, as well as the right to define directives for the processing of your data after your death, which you may exercise by using the single address: [email protected] or by sending a letter to : Personal Data Management Department Parisian Suites Exploitation 35 rue de Naples 75008 Paris – France With regard to telephone canvassing, you have a specific right of opposition by registering on the BLOCTEL list (www.bloctel.gouv.fr).
ARTICLE 11 CARDS AND SUBSCRIPTIONS
The benefits, discounts and reservation guarantees associated with the Operator’s membership 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 RULES OF PROCEDURE
An internal regulation is available for consultation in each apartment. Each occupant is presumed to have read them. The occupant undertakes to keep the movable property at his disposal in the apartment in good general condition and must declare any defect or malfunction to the reception. We invite you to take certain precautions to avoid any possible inconvenience: close your windows and shutters before leaving your apartment, check that you have slammed the door of the apartment. We remind you that the Operator cannot be held responsible for any personal belongings left inside your apartment when you leave. The Operator reserves the right to enter the apartments in order to clean them, check the general condition and enforce the security conditions. Animals are not allowed in the apartments. Smoking is strictly forbidden in the apartments and in the common areas of the buildings. It is strictly forbidden to hold private or public events, including parties and commercial activities in the Apartments. The Apartments must be occupied in a responsible manner, in particular by respecting the neighborhood during your entire stay and more particularly noise pollution is strictly forbidden between 10pm and 8am. The apartments offer a Wifi access allowing customers to connect to the Internet. The Client agrees that the computer resources made available by the Operator will not be used in any way for the purpose 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 Intellectual Property Code when such authorization is required. The Customer is required to comply with the security policy of the Apartments’ Internet service provider, including the rules for the use of the security measures implemented to prevent the illegal use of computer resources [or any other name used in the company’s IT charter], and to refrain from any act that undermines the effectiveness of these measures. If the Customer does not comply with the above obligations, he/she may be charged with an offence of counterfeiting (Article L.335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and three years’ imprisonment. In case of failure by the occupant to comply with the obligations under the present contract, in particular the failure to respect the internal regulations, the Operator reserves the right to interrupt his stay and keep the sums already collected.
ARTICLE 13 RESPONSIBILITY
13.1 We would like to inform you that renting in a furnished residence does not fall under the responsibility of hoteliers. Consequently, the operator cannot be held responsible for the loss, theft or damage of personal belongings, whether in the apartments or in the common areas. 13.2 The statute of limitations for sums due for services sold by the Operator does not fall within the scope of the hotel statute of limitations (article 2272 of the Civil Code). As an exception to article 2244 of the Civil Code, the sending of a registered letter by the Operator to any debtor customer interrupts the applicable prescription in this matter.
ARTICLE 14 – APPLICABLE REGULATIONS
14.1 The services of the Operator and the GTC are governed by French law, without prejudice to the law applicable under the provisions of private international law. This applies to both substantive and formal rules. 14.2 The occupant may not avail himself of the legal provisions applicable to residential leases, in particular as regards the maintenance of the premises. The occupant undertakes not to elect domicile at the address of the establishment, neither for tax purposes, nor for professional purposes, nor to lend or sublet the Apartment to a third party in any capacity whatsoever. 14.3 In accordance with current regulations, the client may be asked to fill out a police form upon arrival at the apartments. The client will be asked to show a valid ID to verify whether or not he/she should fill out the police form.
ARTICLE 15 AFTER SALES
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. It is advisable to contact them for any request. Any complaint, after your stay, may be the subject of: – a letter sent, by registered mail with acknowledgement of receipt, to the Operator – Customer Relations Department, 35 rue de Naples, 75008 Paris. – by sending an e-mail to the address: [email protected] within 2 (two) months after the end of your stay, so that we can respond as soon as possible. Please note that the longer it takes for you to send us your complaint, the more difficult it may be for us to resolve your request in your best interest. Please specify in your letter the name of the person who booked the stay, the number of the reservation, 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. Also, we thank you for attaching to your letter all supporting documents that will allow us to limit the processing time of your complaint.
ARTICLE 16 ACCOMMODATION
In case of exceptional event or impossibility to put the reserved Apartment at your disposal or in case 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. The possible extra cost will be charged to the Operator.
ARTICLE 17 ENFORCEABILITY OF THE GSV
The registration to one of our stays implies the acceptance of our GTC. To know the applicable conditions (and in particular the conditions of reservation, payment, modification and cancellation), we thank you for consulting the conditions on line on www.edgarsuites.com/en. The said GTC are applicable during the whole time they are online on the website www.edgarsuites.com and can be modified and/or completed by the Operator at any time. In this case, the new version of the particular conditions of sale by Internet will be put on line by the Operator. As soon as the new version of the special terms and conditions of sale is published on the internet, it will automatically apply to all customers. The reservation of a stay with the Operator implies the acceptance of the present GTC. Any reservation via the website www.edgarsuites.com/en or via the mobile services implies the consultation and the complete and unreserved acceptance of the GTC and of the sales conditions of the reserved rate. The customer’s agreement to the GTC and the conditions of sale of the reserved fare is obtained at the time of reservation; no reservation is possible without this agreement. The customer has the possibility to save and edit the GTC using the standard functions of his browser or computer. In the event that the GTC are in contradiction with the specific conditions of a fare (non-modifiable, non-refundable public fares) or of a contract (Company, Leisure, etc. contracts), the latter will prevail.
ARTICLE 18 SUBSIDIARIES AND OPERATING COMPANIES
The Operator is responsible, through its subsidiaries and the companies operating the apartments under the Edgar Suites brand, for distributing stays and managing and monitoring your reservations in their name and on their behalf (excluding transportation services, insurance and administrative fees or the sale of package stays distributed in its own name).
ARTICLE 19 REPRODUCTION OF ARTICLES FROM THE TOURISM CODE
Our general conditions of sale are in accordance with the provisions of article R.211-12 of the Tourism Code. In order to respect the legal provisions, we reproduce the articles. R.211-3 to R.211-11 of the said Code. Art. R.211-3 – Subject to the exclusions set forth in the third and fourth paragraphs of this section. In the event of sale of tickets for travel, issued by the carrier or under its responsibility Article L.211-7, any offer and sale of air travel or tickets for travel on the line. In the case of transport to the provision of travel or stay give regular unaccompanied by services related to such transport, the name and address of the carrier, place to the delivery of appropriate documents which to the buyer on whose behalf the tickets are issued, must 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 shall be made in writing. They can be made by electronic way in the conditions of validity and exercise envisaged in articles 1369-1 to 1369-11 of the civil code. The name or company name and address of the seller 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 are mentioned. 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 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 in accordance with the regulations or customs of the host country;
- the proposed catering services;
- the description of the itinerary when it is a tour;
the administrative and health formalities to be completed by nationals or by citizens 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 border crossings, as well as the deadlines for their completion; - The minimum or maximum size of the group allowing the trip or stay to be carried out as well as, if the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or stay;
- this date may not be 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 payment schedule for the balance; - the terms and conditions for price revision as provided for in the contract in application of article R.211-8;
- the cancellation conditions of a contractual nature;
- 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 of an assistance contract covering certain specific risks, in particular the cost of repatriation in the event of accident or illness;
- When the contract includes air transport services, the information, for each flight section, provided for in articles R.211-15 to R.211-18.
Art. 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 in the information. In this case, the seller must clearly indicate the extent to which this modification may occur and on which 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, established in duplicate, one of which is given to the buyer, and signed by both parties. When the contract is concluded by electronic means, articles 1369-1 to 1369-11 of the civil code are applied. The contract 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 organizer;
- the destination or destinations of the trip and, in the case of a split stay, the different periods and their dates;
- the means, characteristics and categories of transport used, the 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 according to the regulations or customs of the host country;
- the catering services offered;
- the itinerary when it is a tour;
- the visits, excursions or other services included in the total price of the trip 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 indication, if applicable, of fees or taxes relating to certain services such as landing, disembarkation or embarkation taxes in ports and airports, and tourist taxes when they are not included in the price of the service(s) provided;
- the schedule and terms of payment of the price;
- the last payment made by the buyer cannot be less than 30% of the price of the trip or stay and must be made upon delivery of the documents enabling the trip or stay to be carried out;
- the special conditions requested by the purchaser and accepted by the vendor;
- the terms and conditions under which the purchaser may file a complaint with the vendor for non-performance or poor performance of the contract, a complaint that must be sent as soon as possible, by any means that allows an acknowledgement of receipt to be obtained by the vendor, and, where applicable, notified in writing to the travel organizer and the service provider concerned;
- the deadline for informing the purchaser in the event of cancellation of the trip or stay by the vendor in the event that the trip or stay 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, R.211-10 and R.211-11;
- 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;
- 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 cost of 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 transfer of the contract by the buyer;
- an undertaking to provide the buyer, at least ten days before the planned date of departure, with the following information
a) the name, address and telephone number of the seller’s local representative or, failing that, the names, addresses and telephone numbers of local organizations likely to help the consumer in the event of difficulty or, failing that, the telephone number for urgent contact with the seller;
b) for trips and stays of minors abroad, a telephone number and an address allowing direct contact with the child or the person in charge of the stay; - The cancellation and refund clause without penalties of the sums paid by the buyer in case of non-compliance with the information obligation provided for in 13° of article R.211- 4;
- The commitment to provide the buyer, in due time before the beginning of the trip or stay, the departure and arrival times.
Art. R.211-7 – The purchaser may assign his contract to an assignee who meets the same conditions as he does to take the trip or stay, as long as this contract has not produced any effect. Unless otherwise stipulated, the assignor is required to inform the seller of his decision by any means allowing for an acknowledgement 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 transfer is not subject, under any circumstances, to prior authorization by 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 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 trip or stay, the portion of the price to which the variation applies, and the rate of the currency or currencies used as a reference when establishing the price appearing in the contract. Art. R.211-9 – When, before the departure of the buyer, the seller is forced to make a change to one of the essential elements of the contract such as a significant increase in price and when he disregards the obligation of information mentioned in 13° of article R.211-4, the buyer may, without prejudice to any recourse for damages, and after having been informed by the seller by any means allowing to obtain an acknowledgement of receipt : – either cancel the contract and obtain immediate reimbursement of the sums paid without penalty; – or accept the modification or substitute trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from the sums that may still be owed 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/her before the date of his/her departure Art. R.211-10 – In the case provided for in article L.211-14, when, before the buyer’s departure, the seller cancels the trip or stay, he must inform the buyer by any means that allows him to obtain an acknowledgement of receipt; the buyer, without prejudice to any recourse for compensation for damages that may have been suffered, obtains from the seller the immediate reimbursement of the sums paid, without penalty; in this case, the buyer receives an indemnity that is at least equal to the penalty he would have paid if the cancellation had been made by him on this date. The provisions of this article do not in any way prevent the conclusion of an amicable agreement for the purpose of acceptance, by the buyer, of a substitute trip or stay proposed by the seller. Art. R.211-11 – When, after the buyer’s departure, the seller is unable to provide a major 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 propose any replacement services or if these are refused by the buyer for valid reasons, provide the buyer, without additional cost, with tickets to the place of departure or to another place accepted by both parties. The provisions of this article are applicable in the event of failure to comply with the obligation to provide tickets to ensure the return of the client in conditions that may be deemed equivalent to those provided for in 13° of article R.211-4.