General terms and conditions of sale for the travel operator activity
SARL HERITOUR VOYAGE (07/03/2017)
Preamble
The services listed on the website http://www.heritour-voyage.com are offered by SARL HERITOUR VOYAGE, which publishes this website under the editorial direction of Mr. Simon Benêteau in his capacity as manager of SARL HERITOUR VOYAGE. You can contact a natural person at the following phone number: +33 (0)6 85 13 15 64. The name, company name, address and telephone number of the website host are indicated on the website. On the above-mentioned website that it publishes, SARL HERITOUR VOYAGE offers the following services for sale:
- Tours
- Excursions
- Tour packages (2-day and longer getaways)
- Accommodation services
- Leisure services
- Gift vouchers.
SARL HERITOUR VOYAGE is a limited liability company with a share capital of 8,000 euros, with its registered office at 38 rue des Alisiers, 21121 Daix. SARL HERITOUR VOYAGE is registered with the Dijon Trade and Companies Register under number 825 215 676, and its intra-Community VAT number is FR42825215676. HERITOUR VOYAGE is also registered with the ATOUT FRANCE register of travel and holiday operators under number IM021170003. HERITOUR VOYAGE has taken out, in accordance with the conditions provided for by the Tourism Code, with Generali Iard – (a public limited company with share capital of €94,630,300), 2 rue Pillet-Will, 75009 Paris, professional civil liability insurance covering in particular the financial consequences that may be incurred by the insured as a result of bodily injury, material damage and immaterial damage caused to employees, service providers or third parties following faults, factual or legal errors, omissions or negligence committed in the course of its activity as a travel operator, up to a limit of €2,000,000 per insurance year for all claims combined. HERITOUR VOYAGE holds insurance policy no. AP832611. The Tourism Code and its implementing regulations governing the conditions for carrying out activities relating to the organization and sale of trips and holidays require that it be able to prove to customers that it has sufficient financial security, specifically allocated to the reimbursement of funds received in respect of the services listed in Article 1 and to the provision of substitute services, resulting from the commitment of a collective guarantee body, a credit institution or an insurance company, this financial security including any repatriation costs and, in such case, being immediately available within the national territory. HERITOUR VOYAGE benefits from the financial guarantee provided by Schneider Finance, 15 rue de Marignan, 75008 Paris, for an unlimited amount, of which it is an affiliated member. This financial guarantee is activated for the consumer customer when the tourism professional (affiliated member of the Association) to whom they have paid funds becomes financially insolvent. The guarantee provided by Schneider Finance is primarily delivered in the form of similar or equivalent substitute services, ordered by the consumer customer through their travel agent. This service-based guarantee has the advantage for the consumer customer, who is the victim of the member’s financial failure, of enabling them to carry out, or even continue, their trip or stay in safe conditions. In order to secure our relationship from a legal standpoint, we invite you to read these general terms and conditions of sale carefully, as well as the legal provisions referred to in Law No. 92-645 of 13 July 1992 laying down the conditions for carrying out activities relating to the organization and sale of trips or stays and in Decree No. 94-490 of 15 June 1994 made pursuant to Article 31 of that law, notably codified under Articles L 211-1 et seq. of the Tourism Code and Articles R 211-1 et seq. of the same code. The general terms and conditions of sale for our excursions comply with Law No. 2009-888 of 22 July 2009 on the development and modernization of tourism services.
Article 1 – Definitions
“SITE” refers to the website http://www.heritour-voyage.com, published by Heritour Voyage. “SERVICE” refers to a service provision such as accommodation, tour packages or insurance, etc. “ORDER” refers to any booking made by the user directly on the website www.heritour-voyage.com or by telephone. “VOUCHER” or “EXCHANGE VOUCHER”: document issued by Heritour Voyage allowing services to be obtained in hotels, restaurants and, more generally, from Heritour Voyage service providers. “PROVIDER” refers to any provider or supplier of Heritour Voyage and includes in particular hotels, hotel residences, tour operators, restaurants, insurance companies and travel agencies. “YOU” or “THE USER” or “CONSUMER CUSTOMER” refers to any person using the site or the call centers whose contact details are listed below in order to book, order and/or purchase any services offered by Heritour Voyage. “DESCRIPTION” The descriptive sheets appearing on the site constitute an offer and bind the parties. For this purpose, when placing an order, the descriptive sheet of the service offered is available for the current calendar year. Heritour Voyage makes its best efforts to provide photos and illustrations giving an overview of the services offered. However, minor variations may appear between the photos shown on the descriptive sheets and the products provided. “OFFER”: transport service, excursion or tour package. Offers are presented on the website www.heritour-voyage.com “ALL-INCLUSIVE PACKAGE”: excursion or tour package including, in accordance with each offer description on the site: transport, visits, museum admissions, meals, drinks included with meals and during travel breaks, tastings and, depending on the offer, accommodation as well. The package is sold at an all-inclusive price. “TOUR PACKAGE”, as defined by Article L 211-2 of the Tourism Code, refers to the service:
- Resulting from the prior combination of at least two operations relating respectively to transport, accommodation or other tourist services not ancillary to transport or accommodation and representing a significant part of the package;
- Exceeding twenty-four hours or including one overnight stay;
- Sold or offered for sale at an all-inclusive price;
“FLASH SALE” is the name of a sales area on the site within which services are offered at discounted prices for an average period of five to seven days, as opposed to permanent sales which may also appear on the site from time to time. ARTICLE 2 – SCOPE OF APPLICATION The Heritour Voyage general terms and conditions of sale are valid as of 1 April 2017. This version cancels and replaces previous versions. These general terms and conditions of sale apply to any use of the site, in particular to the online and telephone marketing of all services offered on the site by Heritour Voyage. It is therefore essential that the User carefully reads the General Terms and Conditions of Sale, which are referenced by hyperlink on each page of the site, in the footer. In particular, the User is advised to download and/or print them in order to keep a copy on the date of the order, especially since they may be modified, it being understood that such modifications will not apply to orders for services placed previously. The Heritour Voyage General Terms and Conditions of Sale may be supplemented by specific terms of sale appearing in the service description and by the service providers’ terms of sale, accessible either on their website or on site.
Article 3 – user declarations
3.1 – legal capacity to contract
Any user declares that they have the legal capacity to contract with Heritour Voyage, meaning that they are at least 18 years old, legally capable of contracting, and not under guardianship or curatorship. Any user also declares that they use the site in accordance with these General Terms and Conditions of Sale, in their own name and on behalf of all beneficiaries of the services ordered by them on the site, for whom they acknowledge they are acting as agent (hereinafter the Beneficiaries), and to whom these general terms and conditions of sale shall be enforceable. The user is financially responsible for the use of the site made both in their own name and on behalf of the Beneficiaries, unless they can demonstrate fraudulent use resulting from no fault or negligence on their part. The user guarantees the truthfulness and accuracy of the information provided by them in their own name and on behalf of all Beneficiaries using their data on the sites.
3.2 – restrictions on use
Heritour Voyage reserves the right at any time not to contract with a user who makes fraudulent use of the site or who breaches these general terms and conditions of sale. Heritour Voyage wishes to recall the terms of Article 313-1 of the French Penal Code: “Fraud is the act, either by using a false name or false status, or by abusing a genuine status, or by using fraudulent maneuvers to deceive a natural or legal person and thereby induce them, to their detriment or to the detriment of a third party, to hand over funds, securities or any property whatsoever, to provide a service or to consent to an act creating an obligation or discharge. Fraud is punishable by five years’ imprisonment and a fine of €375,000.” The user undertakes not to carry out the following actions, nor to help or encourage others to:
- Use the site to threaten, monitor, defraud, incite, harass a third party, justify the harassment of a third party or otherwise interfere with a third party’s use of the site,
- Use the site to send or distribute unsolicited messages, chain letters, contests, spam, pyramid schemes, surveys or other mass messages, whether or not commercial in nature,
- Use the site in a manner likely to create a conflict of interest, for example by exchanging commercial comments with other companies or by writing or soliciting reviews,
- Use the site to promote any form of intolerance or discrimination against protected categories of persons,
- Use the site to violate the rights of a third party, which may include infringement of confidentiality, copyright, trademark, patent, trade secret, moral rights, privacy rights, publicity rights, or any other property or intellectual property right,
- Use the site to send or distribute unlawful or pornographic content,
- Use the site to obtain personal information about minors, threaten them or harm them,
- Use a robot, engine, search/extraction application or other automated system, process or means to access, retrieve, index or otherwise exploit the site or its contents,
- Attempt to gain unauthorized access to the site, user accounts, computer systems or networks connected to the sites by hacking, password analysis or other methods,
- Use the site or its contents to transmit computer viruses, worms, defects, Trojan horses or other malicious or destructive elements (collectively referred to as “viruses”),
- Use a device, software or program that interferes with the proper functioning of the site or otherwise attempt to disrupt the operation of the site; excessively increase traffic on the site,
- Use the site to breach the security of a computer network, decode passwords or security encryption keys,
- Weaken or disrupt the security of the site or otherwise damage the site or its contents,
- Remove, bypass, disable, damage or otherwise interfere with security features of the site or features put in place to prevent or reduce the use or copying of the site content, or that serve to restrict the use of the site.
Article 4 – formation of the contract: placing an order
4.1 for tourist excursions
The user may order the services offered on the site directly online or by telephone at +33 (0)6 85 13 15 64 (French-speaking and English-speaking line) after having accepted these general terms and conditions of sale. 1. The user carries out a search which will lead to the communication of one or more service offers corresponding to their request and/or the user consults the offers presented on the site. 2. The user clicks on the service of their choice to access its description. 3. The user enters the information in the booking form, the type of offer, the language of the tour, the number of participants for the excursion, the desired departure date, the length of stay, the desired options, as well as the surnames and first names of the beneficiaries, and then accesses the second step, which provides a summary of all the selected services and the total price of the selected service or services, allowing them to check the details of their order. In the next step (step 3), the user enters their surname, first name, address, postal code, city, country of residence, email (to be confirmed) and telephone number (to be confirmed). The user must then ensure that all displayed information matches the information they provided, as it can no longer be modified after validation of the booking request. 4. The user may then validate their order, after being informed of the payment terms, provided that they have accepted the general terms and conditions of sale, either when browsing the site by ticking the box “I have read and accept the general terms and conditions of sale” for the participants listed above. Heritour Voyage reminds the user that, failing acceptance of the general terms and conditions of sale, any order is impossible. 5. The user pays for their order, after the Heritour Voyage agency has validated the availability of the excursion or tour package ordered for the date, the number of participants and all requested options, where applicable online by Paypal system via a unique and secure link that Heritour Voyage sends by email to the user, or by bank transfer to the company’s account, the details of which will be communicated to the user in the form of a bank account details statement for SARL Heritour Voyage. These two payment options will be sent by return email, confirming the availability of the offer, with communication of the payment terms by Paypal link or bank details attached, constituting validation by the Heritour Voyage agency of the availability of the user’s request, under the conditions set out in Article 7 below. 6. Upon receipt of payment for the order, Heritour Voyage sends the user by email a nominative exchange voucher: an order confirmation setting out the essential elements of the contract such as the identification of the booked service, the user’s name and contact details, the name of the beneficiaries of the purchased service or services, the quantity and the price. All information appearing in this confirmation email shall be deemed to constitute the agreement between the user and Heritour Voyage. This “exchange voucher” or “voucher” confirms the registration of participants for an excursion or tour package. The email sending the exchange voucher is proof. It is received by the user who placed the order, by email, after validation of the availability of the service and receipt of payment by the agency. As a precaution, if five days before departure (provided that you actually placed your order more than five days before departure) you have not received your travel documents for any reason whatsoever, Heritour Voyage invites you to report this by filling out a contact form or by contacting the Heritour Voyage agency by telephone. The beneficiaries of the offer must be able to present these documents for any verification or inspection and in particular at the time of taking up the service, failing which the beneficiaries will not be able to benefit from the reserved services. In this case, no refund may be claimed from Heritour Voyage. 7. Finally, the exchange voucher must be presented before the start of each excursion or tour package (email, printed email). Upon request by the user who has contracted for an excursion or tour package on the website, the Heritour Voyage agency may send an invoice to the user as soon as possible. Our Heritour Voyage advisors remain available for any additional information during the opening hours of the Heritour Voyage Agency.
For the order to be processed by Heritour Voyage: we ask users to fill in all input fields, within which the mandatory fields are marked with an asterisk. No order can be completed without this information, or without acceptance of these general terms and conditions of sale. We therefore recommend using the input fields and labels shown in the online booking section of the website www.heritour-voyage.com. If an error in the booking should occur as a result of inaccurate information provided by the customer, we decline all responsibility. Finally, Heritour Voyage’s automatic recording systems are considered proof of the nature of the contract and its date.
Any order only binds Heritour Voyage after confirmation of its processing by email through the sending of the “exchange voucher” and/or the invoice for the excursion or tour package ordered. Force majeure events may prevent Heritour Voyage from fulfilling its commitments regarding order processing. No claim may be made in this respect. Heritour Voyage reserves the right not to follow up on certain orders. In this case and as far as possible, Heritour Voyage will inform the holder of this order by email.
Article 5 – accommodation and meals
The said accommodation services are offered by Heritour Voyage on behalf of its service providers.
5.1 – Classification
The number of stars awarded to the hotel establishment shown in the description corresponds to a classification established by reference to French and European standards. All hosts with whom Heritour Voyage works are 4- or 5-star establishments and charming inns. We reserve the right, for technical or safety reasons, in cases of force majeure or due to a third party, to replace the planned hotel with an establishment of the same category offering equivalent services. This can only be an exceptional event and, in such a case, we will make every effort to inform you and offer the replacement as soon as we become aware of it.
5.2 – type of accommodation
“Single Privilege” rooms are equivalent to superior rooms or privilege rooms. They feature a large single bed and measure 28 to 35 m2. They include: flat-screen TV, bathroom with bathtub and/or shower, hairdryer, minibar and air conditioning, separate toilet.
5.2.2 junior suite (2 people)
“Junior suites” feature a large double bed or two single beds (upon prior request), measure 32 to 40 m2, and include: bathroom with bathtub, flat-screen digital terrestrial TV, satellite TV, minibar and air conditioning.
Requests for connecting rooms will be taken into account and fulfilled subject to hotel availability, of which Heritour Voyage will inform you.
5.3 – room occupancy and release
Tour packages or getaways (2 days or more) always include at least one night in a hotel. These hotels are carefully selected by Heritour Voyage.
As part of tour packages (including accommodation in a hotel establishment): your arrival on site is scheduled for the afternoon (between 5:00 p.m. and 7:00 p.m.). The room must be vacated no later than 10:00 a.m. on the day of departure. Please note that the rules applicable to international hotel services generally require guests to be able to take possession of their rooms from 2:00 p.m., regardless of the flight arrival time, and to vacate them by 10:00 a.m. at the earliest, regardless of the return flight schedule. Unfortunately, no exception can be made to this rule. As a result, if you choose to take possession of your room or vacate it outside the hours stated above, an additional night may be charged, with no refund possible.
5.4 – Baby
Heritour Voyage advises parents of babies to bring suitable food for their child, as it may not always be available on site. A fee payable on site may be requested, for example to heat meals or baby bottles and/or to provide a baby cot, which must be requested at the time of booking, subject however to the hotel or residence’s availability.
5.5 – Meals
The meals offered depend on the package you have chosen. Meals are served in traditional or gourmet restaurants selected by Heritour Voyage and offered on behalf of its service providers.
In addition to accommodation, this includes breakfast, lunch and dinner in restaurants, as well as the usual drinks (mineral water, glasses of local wine during meals, in the number indicated in the description of each offer). Traditional or gourmet lunches are all offered in restaurants selected by Heritour Voyage. The breakfasts included in the offers are part of your tour package at the hotel where you are staying.
Alcoholic and non-alcoholic drinks are included only during meals, except where expressly stated otherwise in the description, up to the number of glasses per person indicated in the description of each offer. Any additional glass or bottle ordered by a customer must be paid for by the customer directly to the restaurant. Likewise, any consumption outside meals is not included in the “All-Inclusive” package and must be paid for on site to the hotelier. The same applies to the use of the hotel minibar: drinks at the hotel bar and room service orders must be paid for by customers directly to the hotelier. On site, the hotel’s rules must be respected, in particular the opening hours of the restaurant(s) or bar(s), and the designated places for consuming meals or drinks.
5.6 – health – pregnant women
Heritour Voyage advises pregnant women to consult their doctor before making any booking for an oenotourism excursion, to confirm their ability to take part in an excursion offered as part of the packages available on the website. Furthermore, Heritour Voyage may not legally serve alcoholic drinks to any pregnant woman, in accordance with the law. Please note that Heritour Voyage excursions are not suitable for pregnant women, people with diabetes, or anyone at risk from alcohol consumption (cardiovascular risks, diabetes, or any other risk). Please specify the stage of your pregnancy when booking so that we can inform our service providers. We would like to remind you that alcohol abuse is dangerous for your health and should be consumed in moderation. In general, the Heritour Voyage agency cannot under any circumstances be held responsible in the event of improper performance of your excursion or inability to carry it out due to your state of health, and no refund will be possible for this reason.
5.7 – Price
The prices of the “packages” and tourist offers are stated in euros and include all taxes on the website www.heritour-voyage.com and in any other document issued by SARL Heritour Voyage (at the current legal VAT rate of 20% in France).
5.8 – terms of modification or cancellation
The cancellation and modification terms, as well as the associated fees, are governed by the provisions of Articles 12.1, 12.1.1, 12.212.2.1, 12.3.1 and 13.1 of these general terms and conditions of sale.
Article 6 – tour packages
A tour package consists of a service resulting from the prior combination of at least two operations relating respectively to transport, accommodation or other tourist services not ancillary to transport or accommodation, representing a significant part of the package; lasting more than twenty-four hours or including an overnight stay; sold or offered for sale at an all-inclusive price.
6.1 – Transport
Transport for the excursions and tour packages offered by Heritour Voyage is provided by 8-seat minibuses. Timetables, programmes and tour durations are subject to change: prices include all services indicated in the description of each service. Any customer who has booked an offer (an excursion or a tour package) and arrives after the departure time of an excursion or tour package will not be entitled to a refund of their order. Heritour Voyage and its partners cannot be held responsible and cannot guarantee the return of personal belongings and luggage left on board coaches, minibuses or in any other place. We remind participants and customers of Heritour Voyage that smoking is strictly prohibited on board minibuses (law of 17 September 1977).
Heritour Voyage advises pregnant women to consult their doctor before making any booking for an oenotourism excursion, to confirm their ability to take part in an excursion offered as part of the package. Furthermore, Heritour Voyage may not legally serve alcoholic drinks to any pregnant woman, in accordance with the law. Please note that Heritour Voyage excursions are not suitable for pregnant women, people with diabetes, or anyone at risk (cardiovascular risks, diabetes, or any other risks). Please specify the stage of your pregnancy when booking so that we can inform our service providers. We would like to remind you that alcohol abuse is dangerous for your health and should be consumed in moderation. In general, the Heritour Voyage agency cannot under any circumstances be held responsible in the event of improper performance of your excursion or inability to carry it out due to your state of health, and no refund will be possible for this reason.
6.2 – Accommodation
The accommodation and stay services included in tour packages are governed by the provisions of Articles 5.1 to 5.4 of these general terms and conditions of sale. Included in the duration of the trips are:
- On the day of departure, from the time of the meeting point call at Place Darcy in Dijon
- On the day of the return journey, until the arrival time at the return point, Place Darcy in Dijon
Travel time may vary depending on traffic conditions. As a result, if a late arrival or a delayed early departure were to occur, no refund could be made.
6.3 – babies, children, minors
We remind you that all excursions and tour packages offered by Heritour Voyage are intended for an adult and responsible audience (18+). Children accompanying their parents must receive prior approval from Heritour Voyage. If exceptional authorisation is granted by Heritour Voyage, please note that minor children remain entirely under the responsibility of their parents, who must be present throughout the excursion or tour package booked. Heritour Voyage cannot be held responsible for any actions or harmful incidents that may occur during the performance of an offer. In all circumstances, a child accompanied by at least one parent, and authorised by Heritour Voyage to take part in an excursion or tour package, remains entirely under the responsibility of the accompanying parent. Minor children must have identity documents in their own name. Registration of minors on their parents’ passports, including old-model passports known as “Delphine passports”, is now impossible. Minors must hold an individual passport. For minors travelling abroad with only one parent, in addition to the usual formalities, the accompanying parent must bring the family record book as well as an authorisation to leave the country issued by the parent who is not travelling. The same applies to minors accompanied by a third party. Heritour Voyage cannot under any circumstances accept the registration of an unaccompanied minor. Consequently, Heritour Voyage cannot be held responsible if, despite this prohibition, an unaccompanied minor is registered on a trip without its knowledge.
6.4 – Price
The price of tour packages is governed by the provisions of Article 7 herein.
6.5 – transfer of the service
In accordance with Article 18 of the law of 13 July 1992, the customer may transfer their contract (excluding insurance contracts) to a third party, provided that they inform SARL Heritour Voyage by registered letter with acknowledgement of receipt no later than 7 days before the start of the stay, precisely stating the names and addresses of the transferee(s) and participant(s) in the trip and proving that they meet the same conditions as the customer to undertake the trip or stay. Prior to this, the transferor or transferee shall be required to pay the fees provided for in Article 12.3.1 below, i.e. under the same conditions as those relating to changes made to tour package services. The transferor and transferee shall be jointly and severally liable for payment of any outstanding balance of the price as well as any additional costs incurred by this transfer. In all cases, if the fees were higher than the aforementioned amounts, Heritour Voyage would be entitled to the exact amount, which will be invoiced to the customer upon presentation of supporting documents.
6.6 – cancellation and modification
The cancellation and modification terms, as well as the associated fees, are governed by the provisions of Articles 12.1, 12.1.1, 12.2, 12.2.1, 12,3, 12.3.1 and 13.1 of these general terms and conditions of sale.
6.7 – proposed activities
It is expressly agreed that certain activities listed are not necessarily available outside the tourist season (the tourist season runs from April to November). It is also expressly agreed that certain activities or facilities may be withdrawn by our service provider, in particular for climatic reasons (hot-air balloon, helicopter, hikes, etc.), in the event of force majeure, or because the minimum number of four participants required for the services to be carried out has not been reached. All such risks form an integral part of the contract you enter into and shall not be the responsibility of Heritour Voyage. Likewise, any withdrawal of these activities at the organiser’s discretion due to insufficient demand shall not give rise to any compensation whatsoever. Heritour Voyage also wishes to draw the user’s attention to the fact that some of the activities offered may present risks, particularly for young children. Heritour Voyage shall not be held liable in the event of any incident or accident attributable to a lack of vigilance on your part.
Article 7 – financial terms
7.1 – prices and taxes
The prices mentioned on the website www.heritour-voyage.com are expressed per person and in euros. Unless otherwise stated, they are inclusive of all taxes. Prices are subject to change without notice and become final only upon receipt of confirmation of the execution of the excursion or tourist package by means of a “voucher” or “voucher”. The display of prices is not in itself a guarantee, as they are provided for information purposes only for the current calendar year. Prices include all services indicated in the description of each excursion or tourist package. The prices mentioned on this website are valid only for bookings made on the website, directly online. Promotions mentioned on the website are valid only on this website. They cannot be claimed through any other sales channel. They are subject to certain conditions, in particular dates, which will be clearly stated on the website.
The descriptions of the services or “programmes” presented on the website specify, for each offer, the elements included in the service, its price, as well as any special conditions. The prices indicated are those in force on the date of booking. All prices are shown in Euros (€), all taxes included. In accordance with the VAT margin scheme applicable to travel agents, invoices issued by Heritour Voyage do not mention VAT collected on the services sold. It should also be noted that certain additional taxes or fees (tourist tax, tourist levy, visa fees and/or tourist card fees) may be imposed by the authorities of certain states. These additional taxes are not included in the price of the services and, where applicable, are payable by the user and may have to be paid locally. In addition, as a general rule, and unless expressly stated otherwise, prices do not include all personal expenses or incidental costs related to the service, such as insurance, orders, purchases made during an excursion and delivery charges related to such orders or purchases, excess baggage charges, airport parking fees, vaccination fees, laundry, telephone, drinks, room service, tips, use of sports facilities, and more generally any service not expressly included in the order summary.
- Prices are calculated and presented on the basis of the number of full days and not the number of nights. A night means the period during which the room is made available, i.e. from 9:00 p.m. to 10:00 p.m. (GMT + 1) at the earliest on the following day.
- The price of tourist package services may, at the request of the providers, be changed up to 31 days before your departure date in line with variations, in particular increases, affecting the price of fuel, statutory or regulatory taxes, or exchange rates.
- These changes will only be reflected in the price of the service in proportion to their share in the calculation of the service price.
7.2 – Payment
All orders are payable in Euros.
- Payment for any order may be made by bank card on the PayPal interface using the following payment methods:
- The French national bank card,
- VISA cards bearing the three-colour VISA band on the right (blue, white, ochre) and the hologram dove,
- EuroCard/MasterCard cards recognisable by their MC hologram,
- Any other credit cards accepted by PayPal.
The user warrants that they are fully authorised to use the payment card they will use and that it provides access to sufficient funds to cover all costs necessary to settle the order. The commitment to pay made by means of a payment card is irrevocable. Payment may only be opposed in the event of loss, theft or fraudulent use of the card. Outside these cases strictly permitted by law, the cardholder is guilty of credit card fraud. The right to oppose payment may not be used in particular to remedy the absence of a right of withdrawal (see Article 13 below). Payments by cheque Heritour Voyage does not accept any payment by cheque. In all cases, by any payment method, any order that is not paid in full 14 days before the departure date of the excursion may be cancelled by the Heritour Voyage agency. In such case, cancellation fees will be charged in accordance with the provisions of Article 12.2 of these terms.
Article 8 – delivery of travel documents, exchange vouchers, “vouchers”
8.1 – general provisions
The travel documents for the services (exchange voucher, voucher, airport check-in notice and/or transport ticket) are sent by email after the agency has confirmed the availability of the ordered service(s). The user must therefore provide Heritour Voyage with an email address enabling Heritour Voyage to send certain documents relating to their trip when placing an online order on the website www.heritour-voyage.com. (For information, the agency’s call centre can be reached Monday to Saturday from 9:00 a.m. to 10:00 p.m., GMT+1). The email sending the exchange voucher shall serve as proof. It is received by the buyer by email after receipt of payment for the order. If the user who placed and paid for their order is unable to take delivery of the services or vouchers on the date they are made available, the services will not be refundable (“NO SHOW”). The exchange voucher must be presented before each participation in a service. As a precaution, if five days before departure (provided that you actually placed your order more than five days before departure) you have not received your travel documents for any reason whatsoever, Heritour Voyage invites you to report this by filling in a contact form or by contacting the agency by telephone. If you expressly request it, these travel documents may be sent to you in paper form and by other delivery methods, subject however to the feasibility of such arrangements in view of your order date, your departure date and, where applicable, your departure city. Heritour Voyage would then charge you a flat fee of 50 Euros including tax per order for the delivery costs incurred. In any event, in the event of incorrect transmission by the user of their contact details, Heritour Voyage declines all responsibility in the event of non-performance or improper performance of the trip due to non-receipt of the travel documents.
Article 9 – administrative and health formalities
Only a valid national identity card or passport allows travel. No other document may be used for travel, whether for an adult, a child or a baby. We remind you that any minor (- 18 years old) must obtain prior authorisation from the Heritour Voyage travel agency and must be accompanied by at least one of their parents. As a general rule, a valid passport is essential for the foreign destinations outside the European Union that we offer. Some countries require that the passport be valid for more than six months after the return date and also that you be in possession of a return ticket or onward ticket and sufficient funds. Minor children must have identity documents in their own names. Registration of minors on their parents’ passports, including so-called “old model” Delphine passports, is now impossible. Minors must hold an individual passport. For minors travelling with only one parent to or from abroad, in addition to the usual formalities, the accompanying parent must bring the family record book as well as an authorisation to leave the territory given by the parent who is not travelling. The same applies to minors accompanied by a third party. Heritour Voyage cannot under any circumstances accept the booking of an unaccompanied minor. Consequently, Heritour Voyage cannot be held responsible if, despite this prohibition, an unaccompanied minor is booked on a trip without its knowledge. Likewise, Heritour Voyage informs users that some countries require the passenger to prove that they have taken out travel assistance/repatriation insurance in order to issue the visa. The administrative and/or health formalities necessary for the execution of the trip are communicated to you, for information purposes, before your order, in the description of our services. Heritour Voyage wishes to draw the user’s attention to the fact that it is their responsibility to take note of the formalities that may be required to travel to the destination country and, where applicable, the transit country. Heritour Voyage also draws the user’s attention to the need to consult the information relating to health risks identified by the health authorities in the destination and transit locations, as well as the recommendations and health measures put in place to address these risks, before departure and during the stay of the beneficiaries. To do so, the user and the beneficiaries must consult the hyperlink provided for this purpose at http://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs_909/index.html. In addition, to properly prepare your trip, and whatever your nationality, we strongly advise you to consult all information on the countries to be visited and on the administrative and health formalities to be completed on the following websites http://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs_909/index.html, without forgetting any countries crossed during stopovers or transit. The completion of these formalities and any resulting costs are your responsibility. The formalities mentioned on the website are intended for French nationals. Consequently, foreign nationals must obtain prior information before registering from the competent authorities in their country of origin, as well as from the destination and/or transit country or countries. Between the publication of the information on the website and the user’s departure date, certain changes may occur. Heritour Voyage therefore advises the user to consult the website just before departure. Finally, it is your responsibility to strictly comply with these formalities and to ensure that the surnames and first names appearing on your travel documents (bookings, transport tickets, exchange vouchers, etc.) exactly match those appearing on your identity card, passport, visas, etc. If, due to failure to comply with these administrative or health formalities, you are unable to take part in an excursion or tourist package, the price paid cannot in any case be refunded. Likewise, Heritour Voyage cannot bear any fines and/or duties resulting from failure to comply with the customs or health regulations of the countries visited.
Article 10 – Evidence
Pursuant to the provisions of Article 1316-2 of the Civil Code, it is expressly agreed that, except in the event of a manifest error by Heritour Voyage, the data stored in the information system of Heritour Voyage and/or its partners and/or service providers, in particular in the electronic messaging tools used, shall have evidential value with regard to orders placed and the performance of the parties’ obligations. The data stored in this way on computer or electronic media constitutes evidence, and if produced as evidence by Heritour Voyage in any contentious or other proceedings, it shall be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same evidential value as any document drawn up, received or kept in writing.
Article 11 – right of withdrawal
Pursuant to the provisions of Article L 121-20-4 of the Consumer Code, the services offered on the website www.heritour-voyage.com are not subject to the right of withdrawal provided for in Articles L 121-20 et seq. of the Consumer Code in respect of distance selling. Consequently, the services ordered on the website are exclusively subject to the cancellation and modification conditions set out in these general terms and conditions of sale, and the user may not invoke the right of withdrawal.
Article 12 – cancellation – modification – transfer by the user
12.1 – cancellation and modification procedures
Any request for cancellation or modification of your order must be sent to Heritour Voyage by email without fail to the following addresses: contact@heritour-voyage.com or, even more simply, directly on the website in the “contact us” section, via the contact form. In any correspondence, you must обязательно state the order number or invoice number and the date of the excursion to be modified or cancelled. Heritour Voyage will then send you, by email, where applicable, confirmation of receipt of your cancellation or modification request. In the absence of this email, the modification or cancellation cannot be taken into account. It is therefore your responsibility in all cases to ensure that the confirmation email has been received. For legal certainty and transparency, Heritour Voyage will then remind you in this email of the cancellation or modification scale as provided for herein, in Articles 12.2 and 12.3 below, and will ask you to return the following email within the specified period: “I have duly noted the amount of the cancellation fees (or modification fees, as applicable) mentioned above, I confirm the cancellation (or modification) of my service. Surname, first name, file reference”, with the words “approved” to confirm your cancellation or modification request. Only the sending of this email by you shall constitute a final request for cancellation or modification. Consequently, sending such an email after the deadline may, where applicable, increase the fees under the cancellation or modification scale provided for in Articles 12.2 and 12.3 below, because until it has been sent, the booking will remain as originally made, Heritour Voyage itself remaining bound to its service providers with whom it has booked the services. In the event of modification or cancellation, and subject to deduction of the sums due under the provisions of Articles 12.2 and 12.3 hereof, Heritour Voyage will reimburse you within a reasonable period all sums previously paid, subject where applicable to the special provisions applicable to certain services as referred to in Article 12.1.2 below. For your part, cancellation or modification of your service for any reason whatsoever does not exempt you from payment of the sums for which you would remain liable to Heritour Voyage under the provisions of this article. Heritour Voyage also wishes to draw the user’s attention to the fact that external costs or costs not included in the service, and already incurred by you, such as those incurred for the issuance of visas, other travel documents, pre- or post-transport costs, vaccination costs, etc., cannot be refunded. Likewise, any customer who has booked an offer (excursion or tourist package) and arrives after the departure time of an excursion or tourist package may not claim a refund of their order. In the event of a customer being late, Heritour Voyage will wait 10 minutes after the scheduled departure time at the tour departure point. After 10 minutes, the customer’s booking will be considered a “no-show” and no refund request may be made. When you have taken out cancellation insurance, we remind you that it is your responsibility to inform the insurer directly of the cancellation or any other claim under the conditions and within the time limits set out in the insurance contract.
With regard to treatments, the services cannot be modified. Heritour Voyage also wishes to remind the user that any stay interrupted or shortened, or any service not used due to their own actions for any reason whatsoever, such as, for example, failure to show up or late arrival at the meeting point, will not give rise to any refund. Leisure services or excursions are neither taken back nor exchanged. With regard to tourist packages and hotel services included in the offers, Heritour Voyage wishes to remind the user that any stay interrupted or shortened, or any service not used due to their own actions for any reason whatsoever, such as, for example, failure to show up or late arrival at the meeting point, will not give rise to any refund. Furthermore, in the event of cancellation due to insufficient participants, no later than 22 days before the departure date, the customer shall not be entitled to any compensation.
12.2 – scale and fees in the event of cancellation by the user
Cancellation of your service will result in fees being charged to you according to the scale below, it being specified that administration fees are non-refundable.
- More than 16 days before departure: 50% of the total amount including tax
- Between 15 days and the day of the service, and after the service: 100% of the total amount including tax
Cancellation of your service will result in a refund according to the scale below:
- Cancellation before 3 months: 100% refunded
- Cancellation from 1 to 3 months: 50% refunded
- Cancellation less than 30 days before the service: 0% refunded
12.3 – scale and fees in the event of modification by the user
Any changes to the stay dates and/or changes to the choice of service will be considered a cancellation and are governed by the provisions of Article 12.2.1. Changes made to excursion services or tourist packages other than those relating to stay dates
- More than 30 days before departure: 16 Euros per person
- Between 30 and 16 days before departure: 40 Euros per person
- Between 15 and 7 days before departure: 77 Euros per person
- Less than seven days before departure: 100 Euros per person
This scale also applies in the event of transfer of the tourist package as provided for in Article 6.4 hereof, to which any fees requested by the service providers will also be added.
Article 13 – cancellation or modification by heritour voyage AND/OR its service providers
13.1 A tourist package
If Heritour Voyage were required to cancel your trip, you would be informed immediately, and all sums paid would be refunded to you immediately, and the provisions of Article R 211-10 of the Tourism Code would apply (see Article 21 below). Likewise, if a change had to be made before departure, the provisions of Article R 211-9 would apply (see Article 21 below). Heritour Voyage cannot, moreover, be held liable for changes made to any of the services assembled by the user themselves.
13.2 For all other services
For all other services than those mentioned above in Articles 12.2 to 12.3, cancellation or modification will result in the refund to the user, as soon as possible and subject to the deadlines imposed by the service provider, of all sums paid, without Heritour Voyage being otherwise liable for any compensation whatsoever. Heritour Voyage also reminds users that, in the same way, for any changes concerning services other than those mentioned in Articles 12.1 to 12.3 above, its liability cannot be engaged.
Article 14 – Insurance
Heritour Voyage has taken out, under the conditions provided for by the Tourism Code, with Generali Iard – (a public limited company with share capital of €94,630,300), 2 rue Pillet-Will, 75009 Paris, professional civil liability insurance covering in particular the financial consequences that may be incurred by the insured as a result of bodily injury, material damage and consequential loss caused to employees, service providers or third parties following faults, factual or legal errors, omissions or negligence committed in the course of its activity as a travel operator, up to an amount of €2,000,000 per insurance year for all claims combined. Heritour Voyage holds insurance policy no. AP832611. The Tourism Code and its implementing regulations governing the conditions for carrying out activities relating to the organisation and sale of travel and stays require “proof, in relation to customers, of sufficient financial security, specifically allocated to the reimbursement of funds received in respect of the services listed in Article 1 and to the provision of substitute services, resulting from the commitment of a collective guarantee body, a credit institution or an insurance company, such financial security including any repatriation costs and, in such case, having to be immediately available within the national territory”. Heritour Voyage benefits from the financial guarantee provided by Schneider Finance, 15 rue de Marignan, 75008 Paris, for an unlimited amount, of which it is an associate member. This financial guarantee is activated for the consumer customer when the tourism professional (Associate Member of the Association) to whom they have paid funds becomes financially insolvent. The guarantee provided by Schneider Finance is primarily delivered in the form of similar or equivalent substitute services, booked by the consumer customer through their travel agent. This service guarantee offers the consumer customer, who is the victim of the member’s financial failure, the advantage of carrying out, or even continuing, their trip or stay in secure conditions. Therefore, for participants in excursions and package tours, Heritour Voyage recommends that all its customers take out, at the time of booking, an insurance contract covering the consequences of certain cancellation cases, and an assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness.
Article 15 – Complaints
Any complaint of a commercial nature or relating to the quality of the services must be reported in writing as soon as possible, and no later than thirty (30) days from your return date, to the following address: SARL HERITOUR VOYAGE, 47 rue Guillaume Tell, 21000 Dijon.After this period, no complaint will be taken into consideration. An acknowledgement of receipt of your letter confirming that it has been received and handled by the relevant department will be sent to you within a maximum of 7 days. Complaints will only be accepted insofar as the difficulties they concern were previously reported during the performance of the service, directly on site to the service provider and in writing (ordinary mail, fax or email) addressed to Heritour Voyage so that Heritour Voyage and/or its service providers can attempt to remedy them in order to limit the losses you consider you have suffered and also limit the losses of Heritour Voyage, in the event that the fault is attributable to one of its service providers, such complaint reported during the performance of the service enabling it to better defend itself in relation to it. Heritour Voyage wishes to remind users that it sells individual trips, so any complaint must therefore be made individually, that is to say, one per booking. No action will be taken on collective complaints or petitions. Finally, Heritour Voyage wishes to draw your attention to the fact that it is the user’s responsibility to enquire, before placing any order, about any local events such as local festivals, religious festivals, national holidays, public holidays, etc., which could affect the smooth running of your trip, it being specified that no complaint on this basis may subsequently be addressed to Heritour Voyage.
Article 16 – Liability
16.1 – for use of the site
Heritour Voyage does not guarantee that the site will be free from anomalies, errors or bugs, nor that these can be corrected, nor that the site will operate without interruption or failure, nor that it is compatible with all equipment without exception. Heritour Voyage cannot be held responsible for malfunctions attributable to third-party software. Under these conditions, Heritour Voyage cannot be held liable for any type of foreseeable or unforeseeable damage, material or immaterial, resulting from the use of or, conversely, the total or partial inability to use the site. Finally, Heritour Voyage cannot monitor all the sites to which it links via hyperlinks, which exist solely to facilitate users’ searches; Heritour Voyage cannot under any circumstances be held responsible for their content. Consequently, by accepting these general terms and conditions of sale, the user declares that they are aware of the characteristics and limitations of the internet, particularly with regard to the technical performance of the applications developed thereon and with regard to the security of communications and data.
16.2 – for services
Heritour Voyage takes particular care in selecting its service providers and therefore ensures compliance with the contractual commitments made to users for any service ordered. With regard to excursion services and package tours, Heritour Voyage cannot be held liable for any non-performance or improper performance of all or part of the services provided for in the contract that is attributable to the user, to a case of force majeure, or to the unforeseeable and insurmountable act of a third party, whether French or foreign, involved in the provision of the services provided for in the contract. In any event, if Heritour Voyage were found liable, the compensation limit provided for in Article L211-16 of the Tourism Code would apply. With regard to all other services, Heritour Voyage can only be held liable in the event of damage caused by a fault on its part proven by the user. Heritour Voyage cannot be held responsible for the return of personal belongings and luggage left on board vehicles or in any other place. It is the user’s responsibility to check that they are in possession of their travel voucher.
16.3 liability limitations
Heritour Voyage can under no circumstances be held liable for the following losses or damages (whether such losses or damages were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of income or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of intangible assets or damage to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from use of the site, مهما the form of action. Heritour Voyage, in arranging bookings for services, hotels, tours, excursions, package holidays, transport or any service related to individual clients’ itineraries, cannot be held liable for injury, damage, loss, accidents, delays or irregularities, debts or expenses to persons or property as a result of any failure by any supplier, hotel, carrier, restaurateur or other company or person providing the services included in the services. In addition, Heritour Voyage and its suppliers cannot be held liable for any delay, change of itinerary or cancellation, illness, theft, labour disputes, machine breakdowns, government restrictions, acts of war or terrorism, weather conditions, defects in means of transport, mishaps or possible accidents, or any other cause beyond their control. This list of events is non-exhaustive. In the event of an occurrence making it impossible to carry out all or part of the agreed transport contract, the service must unfortunately be suspended. In no event shall Heritour Voyage be liable for damages, losses or disputes of any kind resulting from the use of this site. Likewise, Heritour Voyage cannot be held liable for any incidents of any kind occurring during the stay of Heritour Voyage customers. Likewise, for any cancellation of hotel rooms, flights, strikes, government restrictions, which may occur beyond the control of Heritour Voyage. Finally, no joint liability or responsibility may be assumed by Heritour Voyage for personal expenses not provided for in the contract, for delays or government decisions of any kind. If any of these conditions were found to be unlawful, invalid or unenforceable under the laws of any state or country in which these conditions are intended to have effect, to the extent of the jurisdiction in which that condition is unlawful, invalid or unenforceable, it shall be removed from these general terms and conditions and the remaining conditions shall be retained, remain applicable and continue to have full effect.
16.4 – deadlines and delays
In order to serve its customers as well as possible, Heritour Voyage endeavours to respond to requests within 3 working days from order confirmation. Nevertheless, this period is not contractual and cannot give rise to any claim. If the customer does not receive their services by email before arrival, they will have the option, by way of exception, to contact Heritour Voyage offices during working days and hours to receive a copy of their exchange vouchers or “vouchers” upon confirmation of their identity. The delivery times indicated on publications or order confirmations are given in good faith but without commitment. Any late penalty is excluded. The email sending the exchange voucher shall prevail. It is received by the user who placed the order, by email, after validation of the availability of the service and receipt by the agency of payment for the order. If the user who placed and paid for their order is unable to take delivery of the services or vouchers on the date they are made available, the services will not be refundable (NO SHOW). The exchange voucher must be presented before each participation in a service. Thus, as a precaution, if five days before departure (provided that you actually placed your order more than five days before departure) you have not received your travel documents for any reason whatsoever, Heritour Voyage invites you to report this by filling in a contact form or by contacting the agency by telephone. In addition, traffic and congestion may cause delays, particularly for private transfers. In this case, the customer remains solely responsible for any consequences and must ensure that the time allowed for check-in by the airline for their flight or train is sufficient. Under no circumstances will Heritour Voyage be responsible for costs incurred due to the delay of a flight or transfer. No compensation may be claimed from Heritour Voyage in these cases.
Article 17 – personal data protection
The information that the user communicates to Heritour Voyage when placing an order is not transmitted to any third party other than the providers of the ordered services and, where applicable, the health authorities. This information is considered confidential by Heritour Voyage and its suppliers. It is used only by the internal departments of Heritour Voyage and its suppliers, for processing the user’s order and for strengthening and personalising the communication and service offering reserved for Heritour Voyage users. In accordance with the provisions of the French Data Protection Act of 6 January 1978, the user has the right to access, rectify and object to the personal data concerning them. To do so, the user simply needs to make a request online or by post to Heritour Voyage, stating their surname, first name and address.
Article 18 – applicable law and jurisdiction
These general terms and conditions of sale, and more generally the contract you conclude with Heritour Voyage, are governed by French law. Any dispute relating to their interpretation and/or performance shall fall within the jurisdiction of the French courts. If any of these conditions were found to be unlawful, invalid or unenforceable under the laws of any state or country in which these conditions are intended to have effect, to the extent of the jurisdiction in which that condition is unlawful, invalid or unenforceable, it shall be removed from these general terms and conditions and the remaining conditions shall be retained, remain applicable and continue to have full effect.
Article 19 – services and obligations
Smoking (Law of 17 Sept. 77), eating or drinking alcohol (Law of 17 Sept. 97) is strictly prohibited on board vehicles. The service is subject to French law, and in particular to the Highway Code. Compliance with road legislation is mandatory for both the driver and passengers. Wearing a seat belt is compulsory under the regulations in force. The customer must behave courteously towards the driver and other passengers. The service provider reserves the right to terminate the service, without any compensation for the customer, in the event of a breach of safety rules. Our drivers are responsible during the service. They must expressly ensure compliance with the Highway Code and the specific provisions for the transport of persons (speed limits, seat belts, baby or child seats, etc.). Our company reserves the right to suspend the provision of the service or deny access to the vehicle in the event of the customer’s failure to comply with safety rules or any behaviour that is not appropriate towards the driver and/or other passengers. Loading luggage that does not comply with the vehicles’ weight and size characteristics is prohibited. Any damage caused to vehicles by customers will be invoiced in full on the basis of the repair costs. Customers are required to ensure that no item has been left behind in our vehicles; our company declines all responsibility in the event of damage, disappearance or theft of any item that may have been left there.
Article 20 – intellectual property and infringement
Heritour Voyage owns the intellectual property rights or holds the rights of use for all elements accessible on the site, in particular the texts, images, graphics, logo, icons, sounds and software. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, مهما the means or process used, is prohibited, except with prior written authorisation from Heritour Voyage. Any unauthorised use of the site or any of the elements it contains will be considered an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.
Article 21 – hypertext links and cookies
The website www.heritour-voyage.com contains a number of hyperlinks to other websites, set up with the authorization of Heritour Voyage. However, Heritour Voyage is unable to verify the content of the websites visited in this way and therefore accepts no responsibility for this. Browsing the website www.heritour-voyage.com may result in the installation of cookie(s) on the user’s computer. A cookie is a small file that does not identify the user, but records information relating to a computer’s browsing activity on a website. The data thus obtained is intended to make future browsing on the site easier and is also used to measure site traffic. Refusing to install a cookie may prevent access to certain services. However, the user can configure their computer as follows to refuse the installation of cookies: In Internet Explorer: Tools tab (gear icon at the top right) / Internet options. Click on Privacy and choose Block all cookies. Click OK to confirm. In Firefox: at the top of the browser window, click the Firefox button, then go to the Options tab. Click the Privacy tab. Set the Retention Rules to: use custom settings for history. Finally, uncheck it to disable cookies. In Safari: click the menu icon at the top right of the browser (represented by a gear). Select Settings. Click Show advanced settings. In the “Privacy” section, click Content settings. In the “Cookies” section, you can block cookies. In Chrome: click the menu icon at the top right of the browser (represented by three horizontal lines). Select Settings. Click Show advanced settings. In the “Privacy” section, click Preferences. In the “Privacy” tab, you can block cookies.