INFORMATION FOR PARTICIPANTS
BY REGISTERING, THE CUSTOMER ACKNOWLEDGES THAT THEY:
HAVE BEEN ADVISED ABOUT the possibility of having recourse to mediation by MTV (Médiateur du Tourisme et du Voyage - the Tourism and Travel Mediation Service) in the event of disputes (after-sales disputes related to package travel, flight-only passenger transport, accommodation and airport reception). "After contacting the TERRALTO Complaints Department, and failing to get a satisfactory response within 60 days, the customer can apply to MTV. Their contact details, together with an explanation of how to apply, are available on its website: www.mtv.travel"
ARE AWARE of the conditions and prices of the trip and TERRALTO's special conditions of sale and the general conditions (the law). In particular, that they have been informed about the cancellation conditions in the event of force majeure.
HAVE BEEN INFORMED ABOUT THE USE OF THEIR DATA and of their right of access, rectification and deletion.
HAVE BEEN INVITED TO TAKE OUT INSURANCE to cover the risks of possible cancellation. This insurance policy can either:
- be the one offered by TERRALTO with the trip
- be that offered by their bank card
- be that offered by any insurance company known to them. Otherwise, the company Assur Travel, which specialises in travel insurance, can meet their needs: www.assur-travel.fr.
As self-insurance is prohibited by law, TERRALTO itself cannot offer this insurance policy.
It is up to the participant to check the conditions of the insurance and its exclusions and, where applicable, to take out a suitable insurance policy.
WITHDRAWAL PERIOD WHERE AN INSURANCE POLICY IS TAKEN OUT:
The Hamon law promulgated on March 17, 2014 creates new obligations to regulate the sale of travel insurance products. The obligations imposed by this new law are mainly specified in Articles L112-2 and L112-10 of the French Insurance Code. We invite you to check that you are not already covered by a guarantee covering one of the risks covered by the new contract.
If this is the case, you have the right to withdraw from this contract within a period of 14 calendar days from its conclusion, without costs or penalties, if all the following conditions are met:
- you have taken out this contract for non-professional purposes;
- this contract comes in addition to the purchase of goods or services sold by a supplier;
- you show that you are already covered for one of the risks covered by this new contract;
- the contract you wish to cancel is not fully implemented;
- you have not made any claim under this contract.
In this situation, you can exercise your right to withdraw from this contract, by letter or any other durable medium, addressed to the travel agency or the insurer of the new contract, accompanied by a document showing that you are already covered for one of the risks guaranteed by the new contract. The insurer is required to refund the premium paid, within thirty days of your withdrawal.
If you wish to withdraw from your contract but do not meet all of the above conditions, check the withdrawal conditions in your contract.
EUROPEAN GENERAL DATA PROTECTION REGULATION (GDPR) (25 May 2018):
The data provided by the participant is only for the following purposes:
- To allow the proper performance of services: administrative management, issuing tickets, if necessary obtaining visas, setting up insurance, preparation of room allocation, police declaration required in the countries visited, preparation of diet menus (where applicable), travel management for anyone with reduced mobility, participation in proposed activities (conferences, visits, entertainment, fun activities, etc.).
- In this context, they may be transmitted partially or in full to our partners (airlines, hotels, restaurants, local tourism agencies in the host countries, or any other provider involved in the successful delivery of the services ordered).
- To communicate any offers proposed by TERRALTO
TERRALTO do not transmit customer data to third parties for commercial purposes.
You can request access to your data for:
- Asking for correction or deletion
- Choosing to limit its use, provided that it is not information that is necessary for the performance of your contract or information that the law requires to be kept (accounting information etc.)
To exercise your rights, you can:
- Access your file by going to www.venio.fr/
- Write to TERRALTO - 36 rue des Etats Généraux - 78000 VERSAILLES
SPECIFIC CONDITIONS OF SALE
These conditions apply to all trips organised by Terralto except where there are special conditions for a particular trip.
A deposit is required for all registrations. The amount of the deposit is specified in the special conditions for each trip. The payment for the trip must be made 30 days before the date of departure, without any reminder from us. In case of late payment, the registration may be considered to have been cancelled by the participant. Any delay in payment will result in late fees according to the terms specified on the invoice. Registration for a trip implies acceptance of the general terms and conditions provided by law,Terralto's special conditions, and specific conditions related to this trip, as well as recommendations and warnings given by the Ministry of Foreign Affairs in respect of the country or countries concerned. These are accessible on the website www.diplomatie.gouv.fr or by phone at 01 43 14 66 99.
In the event of registration for a trip designed by Terralto on behalf of a specific group, all this information (special conditions, general conditions and warnings) is sent to the group leader. It is up to the latter to re-transmit all of this information to the participant during registration and Terralto cannot be held responsible in the case of non-transmission. Registration also implies medical fitness to travel in general, and more specifically for the chosen trip. As Terralto is not entitled to access to the medical file, it is up to the participant alone, or their family to ensure fitness.
Prices quoted are calculated based on a minimum number of participants, and the prices known and communicated by the various providers used by Terralto and take into account the known currency exchange rates. Any change to any of these rates may result in an increase or decrease in price. In the event of an increase of more than 10%, registered participants are entitled to cancel, free of charge, within one week. A price change cannot be made less than 21 days before departure, except for airport taxes that are definitively known on the day the tickets are issued. Changes to the services made on the spot during the trip for personal convenience may result in additional charges. Our prices are communicated on a double room basis. The registration of a single person leading to the allocation of a single room may justify the application of the single room supplement.
Changes in flight schedules may result in extra costs, to cover additional services required.
CANCELLATION BY PARTICIPANT
These cancellation fees are subject to change for certain journeys, in particular when suppliers incur additional charges (air tickets that are non-refundable after booking...) In this case, cancellation fees at each stage are communicated with the conditions of the trip. Cancellation by the participant is subject to a fee depending on the date of cancellation (date of receipt of the cancellation applies). A person can be replaced depending on the particular constraints of the trip. In this case, the costs of a change of name will be charged as well as any costs incurred depending on the situation (reissue of airline tickets, visa fees, etc.).
Where the participant has taken out cancellation insurance through Terralto, the cancellation must be reported directly by the participant and immediately to the insurance company by registered letter or fax, and to Terralto. The cancellation fee will be charged byTerralto to the participant and must be paid in order for the participant to claim the refund from the insurance company.
The guarantees covered by the insurance company are listed in the leaflet given to participants by the head of the group, or the organisation which has received the registrations. Visa fees are not refundable.
Participants who have purchased the trip without insurance but have their own personal insurance policy will have to inform their insurance company about the cancellation and will be able to provide the invoice provided by Terralto.
Any trip which has been cut short, and any service not used by the traveller, can in no case give rise to a refund (except for the conditions provided for under the insurance policy taken out).
The fee schedule will be specified in the special conditions of each trip.
FIRST / LAST DAY
The costs related to an early or late arrival or departure time (overnight in a hotel, transportation to the airport etc.), on the first or the last day of the trip, cannot be paid for by Terralto. They cannot in any case be taken into account to justify or compensate a possible cancellation.
OTHER ADMINISTRATIVE CONDITIONS AND PROCEDURES
For French nationalsTerralto will provide for guidance only information on the visas and vaccinations required. Terralto cannot be held responsible for this. This information is also available on the website of the Ministry of Foreign Affairs. Foreign nationals should make enquiries themselves at the embassy or consulate concerned. It is up to the participant to scrupulously respect the applicable formalities and to check the date of validity of their identity documents, as well as checking that the spelling of their surname and first name on the travel documents is exactly the same as on their identity papers (passport, visa etc.). Similarly, it is up to the participant to ensure that they (and also the others in their group) have complied with the police, customs and health formalities that have been indicated to them as required for the trip. Terralto cannot be held responsible if a participant arrives after the check-in time specified on the travel documents, or without necessary documents (passports, visas....). In these cases, the participant is liable to lose all or part of his trip. Similarly, a participant who does not show up at the start, or for whatever reason waives the services included in the programme to which they have subscribed, can in no case claim a refund. Travellers must be in possession of the documents required by the authorities of the different countries. Terralto cannot in any way bear the costs of cancellation resulting from refusals or delays in the issuance of documents by the competent authorities. Cancellation insurance policies may possibly reimburse these expenses. The guarantees covered by the insurance company are listed in the leaflet given to participants.
Terralto cannot be held responsible for flight cancellations, delays, strikes, timetable alterations, overbooking or changes to itineraries, or airport changes, including any consequences for the programme or transport connections. In such circumstances, delay or the changes suffered will not lead to any compensation payment from Terralto. Any expenses that may result are to be borne by the participant. In the event of a delay of more than two hours, cancellation or overbooking, Regulation EC 261/2004 of 11 February 2004 allows passengers to obtain reimbursement and/or compensation from the air carrier.
Terralto invites the participants to consult the notice in the embarkation zone informing them of their rights in this respect.
Terralto can never be held liable for consequential damages.
Terralto cannot be held responsible for:
- changes to itineraries, schedules and visits resulting from unpredictable events (bad weather, diseases, epidemics, strikes, quarantine, fiscal measures, government decrees, war or any impediment beyond its control) or their consequences. Terralto cannot be held responsible for circumstances of force majeure, or for the actions of third parties not connected to the provision of the services provided for in the contract or for poor performance attributable to the customer. The resulting expenses shall be borne by the participants. Any additional costs (hotel nights, additional charges etc.) generated locally in cases of force majeure. These costs will be fully borne by the participants.
- the cancellation of the trip when required by circumstances of force majeure, unforeseeable events (bad weather, diseases, epidemics, strikes, quarantine, fiscal measures, government decrees, war, or any impediment beyond its control) or when it results from a personal decision of the participant, taken in consideration of a particular event even though this event cannot be classified as force majeure.
- services purchased locally by the customer, including those resulting from oral advice from a local guide, or from the head of the group representing the association which ordered the trip for its members.
- travel before and after the trip, at the initiative of the participant.
- consequences suffered by participants if they themselves organise excursions outside the planned programme (late night outing, free excursion etc.).
- the consequences of non-compliance with the instructions and timetables, or of programme changes decided locally by the participants or the group leader that are not validated by Terralto or by its representative on site.
- changes in timetables, or the prices of visits decided without notice by local decision-makers (authorities, museums....) These costs will be fully borne by the participants.
The participants cannot claim any compensation for these various matters. The risks and guarantees covered by the insurance policy are specified in the leaflet.
Article L. 211-16.-" Any natural or legal person who engages in the transactions referred to inArticle L. 211-1 shall be legally liable to the buyer for the proper performance of the obligations resulting from the contract, regardless of whether this contract has been concluded at a distance or not, and whether these obligations are to be performed by itself or by other service providers, without prejudice to its right of recourse against them and within the limits of compensation provided for by international conventions.
However, it may exonerate itself from all or part of its responsibility by proving that the non-performance or the poor execution of the contract is attributable either to the buyer, or to the unforeseeable and insurmountable action of a third party unconnected to the provision of the services stipulated in the contract, or it is a case of force majeure. »
Article L. 211-17 " Article L. 211-16 does not apply to natural or legal persons for booking or sales transactions, concluded remotely or not, which are not contemplated as part of a tourist package as defined in Article L. 211-2, relating to either air transport tickets or other regularly scheduled transport methods. »
By registering, the participant acknowledge that Terralto has asked them to consult the warnings made available on the website www.diplomatie.gouv.fr or by calling +33 (0) 1 43 14 66 99. It is up to the representative of the entity that ordered the trip to forward these instructions to anyone who wishes to register. It is up to each participant to take note of recent developments both at the time of registration and before departure. Some parts of the world, such as the Middle East and some African countries, remain sensitive, as is shown by the media news broadcasts. The choice to register for a trip, particularly in these regions, is a personal decision taken in recognition of the risks. As stated by the Ministry of Foreign Affairs, no region of the world and no country can be considered immune to the risk of terrorism. The choice to leave is a personal decision that takes this into account.
Terralto cannot be held responsible for events of force majeure. In case of non-performance due to force majeure of one of the obligations stipulated in the contract, Terralto will not be considered at fault or liable for compensation. For the purposes of this clause, any event that is unavoidable and reasonably unpredictable at the conclusion of the contract is considered to be force majeure. These events include but are not limited to wars, natural events, fires or explosions, acts of terrorism, riots, strikes, epidemics, natural hazards, kidnappings that occur in the country or region, interruption of the means of transportation whatever the cause, legal or regulatory provisions.
If a political or health event occurs before or after the conclusion of the contract which may present constraints or dangers for the customer, Terralto may find it necessary to make the customer's departure conditional upon the signing of a document to the effect that the customer acknowledges having been made aware of the risks associated with their stay. Terralto may also have to cancel the customer's stay.
The participant acknowledges that a cancellation, including one attributable to force majeure events, will create significant costs for Terralto, which will cause them damage, including cancellation fees from the local service providers, and internal costs. Therefore the participant will have to come to an agreement with Terralto on compensation for this damage.
Terralto collects personal data in the context of orders placed in compliance with the Law of 6 January 1978 relating to data processing, files and liberties. The collection of this data allows Terralto to manage the requests of the participants and to ensure the execution of the contracts they have concluded. Terralto may be required to transmit this data to third parties, some of which are located outside the European Union, for the purposes of the stay. Participants have the right to access, modify, rectify and delete any information concerning them in Terralto's customer files in accordance with the provisions of the aforementioned law at Terralto, 36, rue des Etats Généraux - 78000 VERSAILLES.
Any contract concluded between TERRALTO and the customer is subject to French law.
In the event of a dispute with a participant (after-sales disputes related to package travel, flight-only passenger transport, accommodation and airport reception) the customer may have recourse to mediation by MTV (Médiateur du Tourisme et du Voyage - the Tourism and Travel Mediation Service). "After contacting the Terralto Complaints Department, and failing to get a satisfactory response within 60 days, the customer can apply to MTV. Their contact details, together with an explanation of how to apply, are available on its website: www.mtv.travel"
GENERAL TERMS AND CONDITIONS OF SALE
are set out in French Decree No 2007-669 of May 2nd, 2007 establishing the rules for operations relating to the organisation and the sale of journeys or stays. They must appear on the back of the registration form provided by the travel agent.
Article R211-5: Subject to the exclusions provided for in the second paragraph (a and b) of Article L.211-8, any offer and any sale of travel or stay services shall be subject to the submission of appropriate documents that meet the requirements of the rules defined under this heading. In the case of sale of air tickets or transport tickets on scheduled routes excluding the services related thereto, the seller shall deliver to the purchaser one or several tickets for the entire trip issued by the carrier, or under its responsibility. In the case of transport on demand, the name and address of the carrier on whose behalf the tickets are issued must be mentioned. Separate billing for different parts of the same holiday package will not release the vendor from compliance with the obligations stated herein.
Article R211-6 : Prior to the conclusion of the contract and by means of a written medium bearing its company name, address and the indication of its administrative business authorisation, the seller must provide the customer with information on prices, dates and other elements as part of the services provided during the trip or stay, such as:
1. The destination, means, characteristics and categories of transport used;
2. Type of accommodation, location, level of comfort 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 tour;
5. The administrative and health formalities that must be completed, especially when crossing borders and the time periods required for the completion of such formalities;
6. The visits, excursions and other services included in the package or available at an extra cost;
7. The smallest or largest size of the group required for the trip or stay to take place, as well as, if the trip or stay is subject to a minimum number of participants, the deadline set for informing the customer in the event of the cancellation of the trip or stay. This deadline cannot be less than twenty-one days before departure;
8. The amount or percentage of the price to be paid as a deposit upon signing the contract and the schedule for payment of the balance;
9. The conditions for revising prices as provided by the contract pursuant to Article R.211-10;
10. The terms and conditions for contract cancellation;
11. The cancellation conditions defined in Articles R.211-11, R.211-12 and R.211-13 below;
12. The details of the risks covered and the amount of coverage under the insurance contract covering the consequences of the professional liability of
travel agents and the civil liability of associations, non-profit organisations, and local tourism organisations;
13. The information on the optional purchase of an insurance contract covering the consequences of certain cases of cancellation, or an assistance contract covering certain particular risks, including repatriation costs in the case of accident or illness;
14. When the contract includes air transportation, the information for each flight segment, pursuant to Articles R.211-15 to R.211-18.
Article R211-7 - Prior information provided to the customer binds the seller, unless the seller has expressly reserved the right to change certain elements within it . In such a case, the seller must clearly indicate to what extent these changes may occur and in which elements. In any event, the changes made in the prior information must be transmitted to the customer in writing before the conclusion of the contract.
Article R211-8 - The contract between the seller and the buyer must be in writing, in two copies, signed by both parties, and one of which is given to the buyer. The contract must include the following elements:
1. The name and address of the seller, its guarantor and its insurer, and the name and address of the organiser;
2. The trip destination(s) and, in the case of multiple destinations, the relevant periods, with dates;
3. The means, characteristics and categories of transport used, the dates, hours and locations of departure and return;
4. The type of accommodation, its situation, level of comfort and main characteristics, its tourist classification by virtue of the regulations or customs of the host country;
5. The number of meals provided;
6. The itinerary if it is a tour;
7. The visits, excursions or other services included in the total price of the trip or stay;
8. The total price of services invoiced with the indication of any possible price revision by virtue of the provisions of Article R211-10 below;
9. An indication, where applicable, of charges or taxes relating to certain services such as landing, disembarkation or embarkation fees at ports and airports, and tourist taxes
when they are not included in the price of the services provided;
10. The schedule and terms of payment; in all cases the final payment made by the customer must not be less than 30% of the price of the trip or stay, and must be made when the documents enabling the trip or stay arrangements have been supplied;
11. Any particular terms and conditions requested by the purchaser and agreed to by the seller;
12. The methods whereby the purchaser may submit to the seller a complaint for non-performance, or poor performance of the contract. Any complaint must be sent as soon as possible by registered letter with an acknowledgement of receipt, and, when applicable, notified in writing to the trip organiser and to the provider of services involved;
13. The deadline for informing the purchaser in the event of cancellation of a trip or stay by the seller, if the trip or stay is subject to a minimum number of participants; in accordance with the provisions of 7° of Article R211-6 (above);
14. The terms and conditions for cancellation of the contract;
15. The cancellation conditions provided for in Articles R211-11, R211-12 and R211-13 below;
16. The details of the risks covered and the amount of coverage under the insurance contract, covering the consequences of the seller's professional liability;
17. The details regarding the insurance contract covering the consequences of certain types of cancellation taken out by the purchaser (policy number and insurer’s name) as well as those regarding the assistance contract covering certain particular risks, especially the cost of repatriation on grounds of accident or sickness. In this latter case, the seller must provide the purchaser with a document specifying at least the risks covered and those that are excluded;
18. The deadline for informing the seller in the event of contract assignment by the purchaser;
19. The undertaking to provide the following information in writing to the buyer, at least ten days
before the scheduled date of departure:
a) The name, address and telephone number of the seller’s local representative or, in the absence thereof, the names, addresses and telephone numbers of the local entities that may assist the customer in the event of difficulty or, in the absence thereof, the telephone number enabling the seller to be reached in the event of an emergency;
b) For foreign trips and stays by minors, a telephone number and an address for direct contact with the child, or the person on site responsible locally for the trip.
20. The clause providing for cancellation and refund without penalties of sums paid by the buyer in case of non-compliance with the information obligation in point 14 of Article R.211-6.
Article R211-9 - The buyer can transfer the contract to a transferee who fulfils the same conditions as they do for the trip or stay, as long as the contract has not yet had any effect. without any more favourable stipulation to the transferor, the latter must inform the seller of his decision by registered letter with an acknowledgement of receipt at least seven days before the beginning of the trip. In the case of a cruise, this period is extended to fifteen days. Assignment is not subject in any case to any prior authorisation by the seller.
Article R211-10 - When the contract contains an express right to revise prices within the limits provided for in Article L.211-13, it must indicate the specific terms for calculating price changes, whether upwards and downwards , including the amount of related transportation costs and taxes, the currency or currencies that may affect the price of the trip or stay, the portion of the price to which the variation applies, and the exchange rate for the currency or currencies used when setting the price shown in the contract as a benchmark.
Article R211-11 - If, before the buyer's departure, the seller is forced to make a change to one of the essential elements of the contract such as a significant price increase, and when it disregards the obligation to inform referred to in point 14 of Article R211-6, the buyer may, without prejudice to claiming reparation for any damages suffered, and after being informed of this by the seller by registered letter with acknowledgement of receipt:
- either cancel the contract and obtain immediate reimbursement of the sums paid;
- or accept the change or the replacement trip proposed by the seller; an amendment to the contract specifying the changes made shall then be signed by the parties. Any price reduction comes in the form of deduction from the sums that the purchaser may still owe and, if the payment already made thereby exceeds the price of the amended service, such additional payment must be returned to the purchaser before the date of his departure.
Article R211-12: In the event specified in Article L.211-15, when, before departure of the purchaser, the seller cancels the trip or stay, it must inform the purchaser by registered letter with acknowledgement of receipt. The purchaser, without prejudice to recourse in redress of possibly incurred damages, shall obtain from the seller immediate reimbursement without penalty of the sums paid. In such event, purchasers shall receive an indemnity at least equal to the penalty they would have borne if cancellation was a result of their own action on that date. The provisions of this article do not in any way represent an obstacle to the conclusion of an amicable agreement, the purpose of which is acceptance by the purchaser of a replacement trip or stay as proposed by the seller.
Article R211-13 - If after the buyer's departure the seller is unable to provide a major portion of the services under the contract, representing a significant percentage of the price paid by the buyer, the seller must immediately make the following provisions without prejudice to claims for reparation for any loss suffered:
- either propose services in replacement of those specified, by possibly bearing any additional charge and, if the services accepted by the purchaser are of a lower quality, the seller must reimburse them for the price difference upon their return;
- or, if unable to propose replacement services or if they are refused by the purchaser, provide transport tickets, without additional charge, to ensure their return, under terms and conditions that may be considered equivalent, to the departure location, or to another location agreed between the two parties. The provisions of this article are applicable in case of non-compliance
with the obligation provided for in the 14th point of Article R.211-6.
36 Rue des Etats Généraux—78000 Versailles
Tel. +33 130970510—Fax +33 139240015
SAS 47000 € Siren 442 838785 APE 633Z