General conditions of sale
1. Object
These General Terms and Conditions of Sale set out all the conditions for the sale of Stays via the IBERIMO website, a brand represented by POPLIDAYS SAS (hereinafter the ‘Central’), registered in the Bayonne Trade and Companies Register under number 528 366 016, with its registered office at 1 ZA de Putillenea 64122, URRUGNE - Intra-Community VAT number: FR15484797659 Registration in the register of travel and holiday operators (Atout France): N°IM064110003.
Financial guarantee: Professional Solidarity Association of Tourism (APST), a collective guarantee organization provided by law 92-645 of 07/13/1992, 15 Avenue Carnot - 75017 PARIS - FRANCE. Civil liability insurance: Allianz IARD, 1 cours Michelet CS 30051 92076 Paris La Défense Cedex, FRANCE. Policy No. 53597718
Booking and payment for Stays with the Agency, whether these operations are carried out on the website, by email, or by phone, imply the Client's unconditional acceptance of these General Terms and Conditions of Sale.
When the Client makes a reservation for their Stay through the website, access and use of the website by the Client also necessarily imply the unconditional acceptance of the General Terms of Use of the Site, available under the "Legal Notices" section.
2. Definitions
For the purposes of these terms, each of the expressions below shall have the meaning given in its definition, namely:
“Agency”: The IBERIMO website, precisely identified under Article 1.1 herein;
“Client”: Natural person, precisely identified in the Specific Conditions, purchasing a Stay from the Agency;
“Host”: Accommodation provider (hotelier, furnished rental, cottage...) offering the selected accommodation reserved by the Client;
“Stays”: Refers to accommodation services of various categories in the territory of Spain, which the Client can select and book with the Agency.
“Site”: Refers to the website of the Agency, accessible at www.iberimo.com
3. Contractual documents - conformity reference framework
1. The contractual documents are in descending order of priority:
- The Specific Conditions, including in particular the following information:
- The dates and locations of the Stay,
- The accommodation type, its level of comfort, and its main features,
- The total price of the invoiced services and the payment terms for them,
- The services, fees, and any taxes not included in the price of the Stay,
- The specific conditions possibly requested by the Client and accepted by the Agency.
The Specific Conditions are formalized by the detailed summary of the Stay reserved by the Client, as sent to the Client by email, in accordance with the provisions of Article 4.3. They constitute the "Conformity Reference" for the services offered by the Agency and for the Stay sold to the Client by the Agency.
- These General Terms and Conditions.
2. These documents express the entirety of the Parties' obligations and form an indivisible contractual whole, in accordance with the provisions of Law No. 92-645 of July 13, 1992, and its implementing decree No. 94-490 of June 15, 1994, setting the conditions for the exercise of activities related to the organization and sale of travel and stays.
In the event of a contradiction between one of these documents, and unless otherwise stipulated, the higher-ranking document will prevail for the interpretation of the obligation in question.
Unless expressly agreed between the Parties, no other general or specific condition appearing in the documents sent or delivered by the Parties may be integrated into this Contract.
3. In accordance with Article 104 of implementing decree No. 94-490, Articles 95 to 103 of the said decree are fully reproduced in the Appendix to these General Reservation Terms.
4. Description of central services and reservation terms
1. The Agency offers the reservation of accommodations of various categories in different Destinations, as listed on the Site.
Descriptions of accommodations are faithful reproductions of the descriptions provided by our principals and only engage their responsibilities, unless there is an error in our transcription. If, despite our many precautions, your rental does not correspond to the given description, "Iberimo" as a service intermediary cannot be held responsible for any fault (due to concealment, omission, hidden defect...) of the owner or correspondent. Similarly, "Iberimo" acting as an intermediary cannot be held responsible if changes affecting the rented property or its environment had not been communicated to it by the owners or local agencies before the booking date and entry into the premises.
In certain residences, given the large number of apartments managed for rent, the photographs are provided as examples. The facade of the building is that of the chosen reference, but the tenant may be assigned an apartment overlooking another facade. Similarly, the interior photos are those of a randomly selected residence, so they are not contractual. The same applies to the interior equipment visible in the photos; these are not necessarily the ones present in the accommodations during the rental.
- In the case of nominative accommodation, the photos are those of the specific property, but it is possible that some equipment visible in the photos may not be available for rent; the equipment made available to tenants contractually corresponds to that mentioned in the description.
- When satellite TV is indicated, the satellite does not necessarily broadcast programs in French but often in the language of the owner. The fact that French channels are noted implies at least one generally being TV5 Monde. Regarding internet presence, Iberimo cannot be held responsible for the quality of the connection, which fluctuates due to weather conditions and network overload.
- The furniture of the accommodation is also likely not to correspond exactly to that presented in the photographs. Iberimo guarantees that the accommodation contains as many beds as the maximum number of Vacationers provided for the said accommodation. However, the type of sleeping shown in the photograph (double beds, single beds, bunk beds, sofa beds) cannot be guaranteed.
The use of accommodation at its maximum capacity may result in less comfort, which the Client expressly acknowledges and accepts.
- If the description mentions the presence of garden furniture, Iberimo does not guarantee that said furniture will correspond to the maximum number of Vacationers provided for the said accommodation.
- If the description mentions the presence of air conditioning, it may be throughout the accommodation or partial in 1 or more rooms.
- Regarding kitchen utensils, some countries do not have the same habits as those in France, so it is possible that you may not have at your disposal items such as a salad bowl, salad spinner, bowls, peeler, or vegetable peeler, etc...
- As for interior surfaces, some foreign agencies provide cadastral or built surfaces, which include outdoor terraces, covered and pool.
- Iberimo draws the attention of vacationers that not all foreign laws require pool safety. Iberimo cannot be held responsible for these facts.
2. The Client can book their stay either through the Site, by first completing the reservation form available on the Site from each accommodation presentation sheet, or by phone, using the contact details mentioned in Article 12.1 herein.
3. Regardless of the booking method chosen by the Client, they will receive a detailed summary of the reserved Stay (Specific Conditions), a financial situation corresponding to the booking deposits or the entire amount of the Stay due by the Client, and the login credentials (username + password) that will allow them to access a dedicated area on the Site, from which they can consult and manage all information related to their Stay.
The Client will have access to the following on this space:
- Detailed summary of the reserved Stay,
- Financial situations related to the various services concerned.
4. The Client is invited to carefully read the details of their Stay and to contact the Agency in case of errors.
5. The Client must validate the Stay offer either on the Site or by email. This validation necessarily implies the unconditional acceptance of these Terms, which will be attached to the offer, described under the Specific Conditions, and payment of the deposit, according to the payment terms mentioned in Article 6. The Client's validation of the Stay offer will only be considered as acquired from the payment and the successful collection of the deposit by the Agency.
6. After validating their reservation and paying all or part of the amount, and subject to the successful collection of the corresponding amounts and validation by the Agency of the availability on the desired dates of the selected accommodation, the Client will receive by email an acknowledgment of receipt from the Agency, summarizing the reservation details.
This email will constitute the Agency's acceptance of their order and will thus form the sales contract between the Client and the Agency. It will contain all the elements constituting the contract between the Client and the Agency.
7. The Agency reserves the right not to confirm a reservation for any reason, particularly due to a dispute regarding the payment of a previous reservation or a problem with the availability of the selected accommodation, without the Client being able to claim any compensation for this.
The Agency wishes to draw the Client's attention to the fact that the accommodation they have selected in the reservation process may no longer be available as soon as several users connected to the Site have initiated a reservation request for the same accommodation. The first user to make a reservation will have priority.
8. The Client is able to make a pre-reservation of their Stay.
In these conditions, the Client simply needs to follow the reservation process on the Site or by phone, check the corresponding box on the reservation form, or indicate it to the operator in the case of a phone pre-reservation.
It is not possible to simultaneously make valid pre-reservations for multiple Stays, nor is it possible to make multiple successive pre-reservations for the same Stay.
Once the pre-reservation is recorded, the Agency will contact the Client within 48 business hours (meaning working days, excluding weekends and holidays) to finalize the reservation, according to the conditions provided in this contract.
The possibility of pre-reservation does not guarantee the availability of the Stay or the maintenance of its price on the date of the possible reservation of the Stay.
The reservation of a Stay will in any case be firm and final only after its confirmation by the Agency and the collection of the corresponding deposit.
9. Regardless of the reservation and payment methods used by the Client, the Agency will confirm the reservation of their Stay only upon receipt of the corresponding amounts and will automatically send the Client, to their email address, the detailed summary of the Stay reservation and the banking transaction; as well as the ENTRY VOUCHERS that they must print and present to the Host to access the services concerned.
In cases where the detailed summary of the Stay reservation and the ENTRY VOUCHERS have not reached the Client, particularly due to a problem with their Internet messaging, it is the Client's responsibility to contact the Agency so that they can be sent to them by mail.
In any case, the Agency cannot be held responsible for additional costs or cancellation that would result from the Client's failure to present the required documents to the Host upon arrival at the location of the Stay.
The completion of administrative and health formalities and the costs of passports, identity cards, visas, vaccinations, etc., are the responsibility of the Client and the people accompanying them during the Stay.
10. In accordance with the provisions of Article L. 121-20-4 of the Consumer Code, and this Contract having as its object services of accommodation and possibly leisure, the right of withdrawal provided for in the context of distance selling by Article L. 121-20 is not applicable.
5. Guarantees and Liability
1. The Central Booking Office is obliged, under the obligations imposed by this contract, to use all necessary means to carry out the reservation of the Stay.
2. The Central Booking Office guarantees the conformity of the reserved services to the Compliance Reference (Special Conditions).
This guarantee of conformity refers solely to the adequacy of the services with the information and characteristics described in the Compliance Reference.
3. The Central Booking Office strives to provide the Client, on the Website, with the most reliable and qualitative information regarding accommodations and related services, as well as tourist information about the geographical areas in which the accommodations are located.
4. In accordance with the provisions of Article 23 of Law No. 92.645 of July 13, 1992, the Central Booking Office is automatically liable to the Client for the proper performance of the reserved services under this contract.
5. In cases where the Client believes that the Central Booking Office and/or the Accommodator has not fulfilled the obligations imposed by this contract, or that they have been poorly executed, the Client may make claims under the following conditions:
- Within 48 hours of entering the premises:
Any claims regarding the cleanliness or conformity of the accommodation must be made exclusively to the Accommodator within 48 hours of entering the premises.
After this period, they will be definitively inadmissible.
- Beyond 48 hours of entering the premises:
After the 48-hour period following entry into the premises, and for any other claim than those related to the conformity and/or cleanliness of the accommodation, the Client must contact the Central Booking Office by phone and then confirm within 4 days of arrival at the Stay by registered letter with acknowledgment of receipt to the address stated under Article 12-1 of these terms and conditions.
The Central Booking Office will send the Client an acknowledgment of receipt of their letter confirming its proper receipt and processing by the relevant department within seven working days of its receipt.
No action will be taken on collective claims or petitions.
Outside of these form and time criteria, no claims will be considered.
6. Fortuitous nuisances such as neighborhood noise, ongoing construction, various private or public authority events, cannot be opposed to the Central Booking Office, as they inconvenience all residents in the area where the rented accommodation is located. Similarly, water shortages due to drought, the presence of insects, and other similar nuisances cannot be the subject of claims against the Central Booking Office and do not entitle to reimbursement or compensation. The same applies to internet availability. Iberimo cannot be held responsible for the quality of the connection, which may fluctuate due to weather conditions and network overload.
7. According to current legislation, the rental of accommodations in Tourist Residences, villas, cottages, chalets, bungalows, and other outdoor accommodations does not fall within the responsibility of hoteliers. Therefore, the Central Booking Office cannot be held liable for the loss, theft, or damage of personal effects in these rental accommodations. The Central Booking Office draws the Client's attention to the fact that they are responsible for the security of the rented accommodation during the Stay and that it is their responsibility to ensure accordingly (example: extension of the main residence's multi-risk contract).
8. Any interrupted or shortened Stay, or any service not consumed due to the Client, for any reason, will not give rise to any refund or compensation.
9. In case of failure by the Accommodator, the Central Booking Office will endeavor to offer the Client replacement solutions with characteristics as close as possible to the reserved Stay.
In cases where the Central Booking Office cannot offer accommodation with equivalent characteristics, but only of a different type and/or lower category, the Client may opt for this solution, subject to the refund of the price difference between this accommodation and the one initially reserved.
In the event that the Client refuses this proposal, as well as in cases where the Central Booking Office cannot offer an alternative solution, the Client will be reimbursed for all amounts paid for the entire Stay, or for only additional services when the cancellation concerns only these services, excluding any other compensation of any kind.
10. The Client must use the rented accommodation as a "good family head" and cannot sublet or assign their rights under this contract without the formal consent of the Central Booking Office, in accordance with the provisions of Article 10 of this contract. Any professional activity is prohibited in the occupied accommodations. The Client must comply with the internal regulations, especially for noise, hanging laundry, cleanliness, garbage removal, etc.
In case of non-compliance with internal regulations, exceeding the number of persons stipulated on the ENTRY FORM, the presence of unauthorized animals, inappropriate behavior, excessive and repeated disturbances to neighbors, as well as damage to the rented property, the security deposit referred to in Article 9 of this contract will be retained, and tenants may be subject to eviction proceedings, without the right to any refund for unused days.
If no mention is made on this subject in the presentation sheet of the selected accommodation or in the detailed summary of the Stay reservation, the Client must default to considering that the Accommodator does not accept animals. In the event that animals are accepted, those falling under the 1st or 2nd category, according to Law No. 99-5 of January 6, 1999, will not be accepted under any circumstances. Animals must not disturb the tranquility or safety of other residents and must respect basic hygiene rules. It is often required that the animal be kept on a leash within the establishment. However, animals are still prohibited in certain communal areas (restaurant, pool, etc.).
11. In case of exceeding the number of persons stipulated in the contract or the ENTRY FORM, the presence of unauthorized animals, inappropriate behavior, excessive and repeated disturbances to neighbors, as well as damage to the rented property, the security deposit will be retained, and the Client and occupants of the relevant accommodation may be subject to eviction proceedings, without the right to any refund.
12. Regarding the refund of the difference, the price difference (excluding assistance, additional insurance, or additional fees) must be noted and communicated to us by email at reservation@iberimo.com, clearly specifying in the body of the email the link to the accommodation of the competing brand (French site subject to the same laws and taxation) where the price difference was observed within 48 hours of the reservation confirmation. The refund can only be granted on a strictly identical product (typology, location, orientation, view, equipment, area, etc.) and for identical Stay dates (arrival date and departure date). The refund of the difference will be made by bank transfer or credit card refund within eight days after validation of its proper application, within the limits of regulations on the prohibition of selling at a loss.
6. Financial Conditions
1. The prices communicated by the Central Booking Office are, subject to error or omission, per accommodation or per person, as indicated on the accommodation presentation sheet, all charges included, except:
- optional insurance premiums for cancellation assistance, see explanation below in the relevant section payable upon reservation,
- tourist tax, which may be collected by the Accommodator on the Stay premises,
- the security deposit required for furnished rentals, payable directly to the Accommodator on the Stay premises,
- in certain cases, additional fees such as final cleaning, air conditioning, or heating (see additional fees on the rental descriptions).
Prices vary according to dates, Stay durations, and the type of accommodation.
2. In the event of a manifest and justified error (ridiculously low price that a normally informed consumer cannot seriously claim to have taken for the real value of the proposed property) on the price displayed on the Site concerning accommodation reserved by the Client, the Central Booking Office reserves the right to cancel the reservation within 3 working days following the reservation, without the Client being entitled to any compensation.
3. Payment of the reservation deposit, corresponding to a minimum of 30% of the full VAT-inclusive amount of the Stay, or the full amount of the Stay in the case of a reservation made less than 45 days before the start date of the Stay, is required at the time of reservation:
- either online, on the Website, by credit card, through the secure payment solution of the Bank (CIC).
Credit cards accepted: Visa, Eurocard MasterCard, CB
The Central Booking Office will debit the Client's credit card upon receipt of the accommodation availability confirmation issued by the Accommodator.
The Central Booking Office guarantees the security and confidentiality of the Client's data relating to their credit card.
The Bank (CIC) has indeed adopted the TLS encryption process, which ensures the reliability of exchanges and transactions by encrypting all personal data necessary to process orders at the time of entry, such as addresses, email, credit card number, and bank details. Bank details are thus encrypted and transmitted directly to the Bank (CIC) via a secure connection, without passing through the Site.
- or by bank check or holiday voucher (ANCV only)
Payment by bank check is reserved for holders of a Euro-denominated bank account domiciled in France.
Checks must be made payable to "IBERIMO." Enter your details and the number of your reservation on the back of the check (bank or holiday), and send your payment to the address listed under Article 12-1 of this contract.
If the Central Booking Office has not received the check within 7 days of sending the reservation confirmation email, the reservation will be canceled.
The reservation will only be confirmed to the Client upon receipt of the Client's bank check.
In the case of a late reservation (between 45 and 1 days before the start of the Stay), the Central Booking Office will require the Client to pay by credit card on the Website or by phone the full amount of the Stay, which will not be debited by the Central Booking Office but only retained as a guarantee, pending the receipt and proper clearance of the bank check or holiday vouchers.
The Central Booking Office will only cash the payment made by credit card if it has not received the bank check or holiday vouchers within 10 days following the sending of the reservation confirmation email, or if the bank check or holiday vouchers could not be cashed for reasons not attributable to the Central Booking Office.
- or by phone by credit card, by providing the operator with the information on their credit card.
- or by wire transfer.
The Central Booking Office will provide its bank details to customers choosing this payment method.
In the case of the reservation deposit payment, the balance of the Stay must be paid no later than 45 days before the start of the Stay. Depending on the date of the Stay reservation, an additional deposit may be required between the payment of the deposit and the payment of the balance.
4. The Central Booking Office reserves the right to refuse the processing of a reservation whose payment has been refused by the relevant bank payment centers.
7. Modifications and Cancellation of the Stay
1. Requests for modifications to all or part of the Stay must be submitted in writing to the Central Office and are subject to the express and prior agreement of the Central Office, which may, depending on the nature and scope of the modifications, require payment of an additional fee.
The Central Office will also invoice a fee of €40 including VAT for processing these modification requests.
2. In case of late arrival, early departure, reduction in the number of people compared to the number specified in the Special Conditions and in the voucher, no refund will be made.
If the number of people on the accommodation premises on the start date of the Stay is higher than that indicated on the Entry Voucher, the Accommodator also reserves the right to deny the Client access to the accommodation or to demand immediate on-site payment of a supplement.
3. Cancellation by the client: Any cancellation must be notified to "IBERIMO" by registered letter; its receipt will determine the cancellation date resulting in the amount of fees. The specific conditions of each lessor are stated in all the descriptions of each advertisement. They will be included in your booking document. In the absence of specific conditions, the general conditions apply regarding the calculation of fees:
- More than 60 days before the arrival date: loss of deposits
- Between 59 and 0 days: 100% of the cost of the stay
The same applies to cancellation conditions specific to administrative travel restrictions related to health situations. They are also specific to each lessor, detailed in all online descriptions, and included in the booking document. In the absence of this, the general conditions apply.
Some governments may sometimes advise against coming to a particular country or region. However, if the region is open and secure, this does not constitute a refund for amounts paid or the issuance of a voucher.
The date of consideration of the cancellation request will be the day the Central Office is notified by fax or registered mail at the coordinates referred to in article 12-1 of these, it being recalled that the Client has the option of subscribing to cancellation assistance under the conditions set out in article 8 of these, which covers him as well as his ascendants and descendants, in certain serious cases (Accident, loss of employment, illness including Covid, serious injury, death), see the specific conditions provided on request and visible on our site. If the client unilaterally decides to shorten his stay for any reason, no refund will be due to him.
8. Cancellation Assistance
1. The Client has the option to take out optional assistance from the Central Office allowing the refund of their Stay in certain cancellation cases.
2. The amount of the assistance must be fully paid when booking the Stay and is not refundable under any circumstances.
3. The main features of the optional cancellation assistance offered by the Central Office are as follows: LINK TO CANCELLATION ASSISTANCE TERMS
9. Security Deposit - Additional Services - Key Handover - Inventory
1. In the case of renting furnished accommodation, excluding hotel-type accommodation or guest rooms, a security deposit will be requested from the Client by the Accommodator at the time of handing over the keys and payment of the tourist tax.
Depending on the Accommodators, the payment of this security deposit will be made in cash, by check, or possibly by taking an imprint of a credit card, as stipulated on the "ENTRY VOUCHER".
2. This security deposit will be refunded to the Client no later than fifteen days after the end of the Stay, the Accommodator reserving the right to deduct from the amount the estimated cost of the repair of any breakages and possible damage, as well as cleaning if the rental has not been returned in a correct state of tidiness and cleanliness. It is the responsibility of the tenant to recover his deposit from the lessor without IBERIMO having to intervene. In no case can IBERIMO be held responsible for sums that are not entrusted to it.
3. In cases where the Client wishes to take out additional services from the Accommodator (examples: rental of bed linen, bicycles, additional pets, etc.) in addition to those covered by this contract, he will pay the amount of these services directly to the Accommodator. It is specified that all additional services ordered directly on site from the Accommodator and without going through the Central Office are not covered by these conditions and therefore cannot engage the responsibility of the Central Office in any way.
4. To take possession of the accommodation upon arrival, the Client must first contact the Accommodator, who will inform him of the procedure upon arrival at the premises.
Arrival and departure times vary depending on the Accommodator. The Client must present himself, with his "ENTRY VOUCHER," to the Accommodator at the address and during the time slot indicated on the "ENTRY VOUCHER," so that the keys to the accommodation can be handed over and the inventory can be carried out.
In case of late arrival, the Client must inform the Accommodator in advance by telephone to better organize his arrival.
In the summer period, with a very high number of arrivals, it is not always technically possible to establish a contradictory inventory. The accommodation rented to the Client will therefore be deemed to comply with the description and in good condition. The Client will have 48 hours to notify the Accommodator of any anomalies or defects in the Accommodation and its equipment, if any, so that they can be remedied as soon as possible, specifying that neither the Accommodator nor the Central Office can be held responsible for the repair or restoration time.
5. The Client will ensure at all times the proper maintenance of the Accommodation and will return it in a state of perfect cleanliness. If this is not the case, cleaning or repair fees will be charged with a deduction from the security deposit.
Upon departure, the Client must carefully close the Accommodation and return the keys to his contact person on site. If the keys are not returned, the cost of replacing the lock cylinder will be deducted from the deposit or an additional charge may be requested on site depending on the Accommodator.
10. Assignment of Contract
The Client has the option to assign this contract, and thus their Stay, to any person of their choice who meets the conditions required for the Stay, provided that the Central Office has been informed no later than seven (7) days before the start of the Stay and no changes have been made to any of the characteristics of the Stay.
The Client's request will only be considered upon the receipt of an email from the Central Office confirming the acceptance of their request.
11. Personal Data
1. In accordance with the provisions of the Law of January 6, 1978, the Client has the right to access the data concerning them, as well as the right to modify, rectify, and delete such data. To exercise this right, the Client must send a postal or electronic mail to the coordinates specified under Article 12.1 herein.
2. Personal data concerning the Client, collected through the forms, and all future information, are intended solely for the exclusive use of the Central Office and the relevant Hosts, within the framework of the Stay reservation procedure, as well as for the provision of accommodation and additional services.
3. This information is not subject to any communication or transfer to third parties other than the technical service providers responsible for managing the services offered on the Site, who are required to respect the confidentiality of the information and to use it only for the specific operation for which they are required.
4. The Client's data will also be used to enhance and personalize communication with the Client, particularly through newsletters to which they may have subscribed.
5. The Central Office keeps the Client's personal data on its own servers and undertakes to strictly maintain the confidentiality of this data, which will be retained for a period of three (3) years from the expiration of this contract for any reason whatsoever. You can find more information on our privacy and data processing policy.
12. Miscellaneous
1. Contact
For any information or questions, our Customer Service is at your disposal:
- preferably by email: reservation@iberimo.com or through our contact form on the Site.
- by postal mail at the following address: IBERIMO, ZA de Putillenea 64122 URRUGNE,
- Tel. 04 77 29 46 80 from France or +33 (0)4 77 29 46 80 (France and outside France)
-
Our Hours:
From September to December: 9:30 am to 6:00 pm
From January to August: 9:30 am to 6:30 pm
Open on Saturdays and Sundays between June and August + holidays from 10:00 am to 6:00 pm
2. Contract Modifications
The Central Office reserves the right to unilaterally modify the terms herein, especially in the event of technical, legal, or jurisprudential developments, or the implementation of new services.
These modifications will not, however, be opposable to Clients who have booked their Stay prior to the effective date of these modifications.
3. Nullity
In the event that any provision of this Contract is deemed null and void under a legal or regulatory provision, present or future, or a decision with the authority of res judicata from a competent court or authority, that provision of the contract will be considered unwritten, with all other provisions of the Contract retaining binding force between the Parties.
4. Non-Waiver
The fact that either Party does not avail itself of any provision of this contract at a given time can never be considered a waiver on its part of the rights it derives from it.
5. Domiciliation and Correspondence Details
For the execution of this contract, the Parties elect domicile at the address of their registered office. The Client undertakes to provide the Central Office, within the framework of the Stay reservation procedure, with accurate and sincere information about their situation, as well as to regularly check the data concerning them and, if necessary, make the necessary modifications with the Central Office.
The Central Office draws particular attention to the need for the Client to provide a valid primary email address and to inform the Central Office promptly of any changes to it.
Any communication made by the Central Office to this email address is deemed to have been received and read by the Client, who undertakes to regularly check messages received at this email address and, if necessary, respond to them promptly.
13. Applicable Law and Competent Jurisdiction
The Contract is subject to French law, both for substantive and formal rules.
In the event of a dispute arising from the execution or interpretation of these conditions, only the French language version thereof will be binding for interpretation purposes. The Parties also agree to come together and try to find an amicable solution to their dispute before resorting to the competent jurisdiction.
IN THE EVENT THAT THE CLIENT IS A LEGAL ENTITY, THE DISPUTE WILL BE BROUGHT BEFORE THE COMPETENT JURISDICTION WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF LYON, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY PROCEEDINGS.
14. MEDIATION
According to Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.152-2 of the Consumer Code, has the option to submit a request for amicable resolution through mediation within one year from their written complaint to the professional. IBERIMO, as a member of L APST under the number Atout France IM042190010, has designated the tourism mediator as the entity for consumer mediation. To contact the mediator, the consumer must submit their request electronically on the website: www.mtv.travel.
According to Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, on online sales, here is the electronic link to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
ANNEX: REPRODUCTION OF ARTICLES 95 to 103 of Decree No. 94-490 of June 15, 1994, taken for the application of Article 31 of Law No. 92-645 of July 13, 1992, fixing the conditions for the exercise of activities related to the organization and sale of trips or stays
Art. 95. - Subject to the exclusions provided for in the second paragraph (a and b) of Article 14 of the aforementioned Law of July 13, 1992, any offer and sale of travel or stay services give rise to the delivery of appropriate documents that meet the rules defined by this title. In the case of the sale of air transport tickets or tickets for regular services not accompanied by services related to these transports, the seller issues to the buyer one or more tickets for the entire trip issued by the carrier or under its responsibility. In the case of on-demand transport, the name and address of the carrier, for whom the tickets are issued, must be mentioned.
The separate billing of the various elements of the same tourist package does not exempt the seller from the obligations imposed on him by this title.
- Prior to the conclusion of the contract and on the basis of a written medium bearing its business name, address, and indication of its administrative authorization to operate, the seller must provide the consumer with information on prices, dates, and other elements constituting the services provided during the trip or stay, such as:
- 1° Destination, means, characteristics, and categories of transport used;
- 2° Mode of accommodation, its location, comfort level, and main features, its approval, and its tourist classification corresponding to the regulations or customs of the host country;
- 3° Meals provided;
- 4° Description of the itinerary when it is a circuit;
- 5° Administrative and health formalities to be carried out in the event, in particular, of crossing borders as well as their deadlines;
- 6° Visits, excursions, and other services included in the package or possibly available for an additional fee;
- 7° The minimum or maximum size of the group allowing the realization of the trip or stay, and if the realization of the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in case of cancellation of the trip or stay; this date cannot be set less than twenty-one days before departure;
- 8° The amount or percentage of the price to be paid as a deposit when the contract is concluded as well as the payment schedule for the balance;
- 9° The terms of price revision as provided for in the contract under Article 100 of this decree;
- 10° Contractual cancellation conditions;
- 11° Cancellation conditions defined in Articles 101, 102, and 103 below;
- 12° Details regarding the risks covered and the amount of guarantees subscribed under the insurance contract covering the consequences of the professional liability of travel agencies and the civil liability of non-profit associations and organizations and local tourism organizations;
- 13° Information concerning the optional subscription to an insurance contract covering the consequences of certain cancellations or an assistance contract covering certain specific risks, including the costs of repatriation in the event of an accident or illness.
- The preliminary information given to the consumer commits the seller, unless in it, the seller has expressly reserved the right to modify certain elements. In this case, the seller must clearly indicate to what extent this modification can take place and on which elements.
In any case, the changes made to the preliminary information must be communicated in writing to the consumer before the conclusion of the contract.
- The contract concluded between the seller and the buyer must be written, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. It must include the following clauses:
a) The name, address, and telephone number of the local representative of the seller or, failing that, the names, addresses, and telephone numbers of local organizations likely to assist the consumer in the event of difficulty, or, failing that, the emergency call number allowing urgent contact with the seller;
b) For trips and stays by minors abroad, a telephone number and address allowing direct contact with the child or the person responsible for their stay on-site.
- 1° The name and address of the seller, its guarantor, and its insurer as well as the name and address of the organizer;
- 2° The destination or destinations of the trip and, in the case of a split stay, the different periods and their dates;
- 3° The means, characteristics, and categories of transport used, the dates, times, and places of departure and return;
- 4° The mode of accommodation, its location, its comfort level, and its main features, its tourist classification in accordance with the regulations or customs of the host country;
- 5° The number of meals provided;
- 6° The itinerary when it is a circuit;
- 7° Visits, excursions, or other services included in the total price of the trip or stay;
- 8° The total price of the invoiced services as well as the indication of any possible revision of this invoicing in accordance with the provisions of Article 100 below;
- 9° The indication, if applicable, of the fees or taxes related to certain services such as landing, disembarkation, or embarkation taxes in ports and airports, tourist taxes when they are not included in the price of the services provided;
- 10° The schedule and terms of payment of the price; in any case, the last payment made by the buyer cannot be less than 30% of the price of the trip or stay and must be made when the documents allowing the trip or stay are handed over;
- 11° The specific conditions requested by the buyer and accepted by the seller;
- 12° The terms under which the buyer can bring the seller a claim for non-performance or improper performance of the contract, a claim that must be sent as soon as possible, by registered letter with acknowledgment of receipt to the seller, and reported in writing, if necessary, to the organizer of the trip and to the provider of the services concerned;
- 13° The deadline for informing the buyer in the event of the cancellation of the trip or stay by the seller in the event that the realization of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7o of Article 96 above;
- 14° Contractual cancellation conditions;
- 15° Cancellation conditions provided for in Articles 101, 102, and 103 below;
- 16° Details concerning the risks covered and the amount of guarantees under the contract of insurance covering the consequences of the seller's professional liability;
- 17° Indications concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer), as well as those concerning the assistance contract covering certain specific risks, in particular, the costs of repatriation in the event of an accident or illness; in this case, the seller must give the buyer a document specifying at a minimum the risks covered and the risks excluded;
- 18° The deadline for informing the seller in the event of the assignment of the contract by the buyer;
- 19° The commitment to provide, in writing, to the buyer, at least ten days before the scheduled date of departure, the following information:
- The buyer may transfer their contract to an assignee who meets the same conditions to undertake the trip or stay, as long as the contract has not produced any effects.
Unless there is a more favorable provision for the assignor, they must inform the seller of their decision by registered letter with acknowledgment of receipt no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days.
This assignment is, in no case, subject to prior authorization from the seller.
- When the contract includes an express possibility of price revision, within the limits provided for in Article 19 of the law of July 13, 1992, it must mention the precise calculation methods.
Both upward and downward, variations in prices, including the amount of transportation costs and related taxes, the currency or currencies that may have an impact on the price of the trip or stay, the part of the price to which the variation applies, the exchange rate or rates used as a reference when establishing the price in the contract.
- When, before the buyer's departure, the seller is obliged to make a modification to one of the essential elements of the contract, such as a significant increase in price, the buyer may, without prejudicing any claims for damages potentially suffered, and after being informed by the seller by registered letter with acknowledgment of receipt:
- either terminate the contract and obtain an immediate refund of the amounts paid without penalty;
- or accept the modification or the substitute trip proposed by the seller; an amendment