General terms and conditions
CONDITIONS GENERALES ET PARTICULIERES DE VENTE – SAINT-LARY TOUR
Article 1 – Preamble
Article 1.1. Seller’s designation
Saint-Lary Tourist Office, a public industrial and commercial establishment, registered under SIREN number 517 627 964, with its head office at 37 rue Vincent Mir, 65170 – Saint-Lary-Soulan,
Telephone: 05.62.39.50.81
Email address: reservation@saintlary.com
Immatriculation with the register of travel and holiday operators: IM065140007
Financial guarantor: Association Professionnelle de Solidarité du Tourisme, 15 avenue Carnot, – 75017 Paris
Professional liability insurer: GENERALI, Actua Assurances et Conseils, 184 avenue de Saint Exupéry, 31400 – Toulouse.
Guarantees covered by the insurer: see details in Appendix 3
Hereinafter referred to as “l’Office de tourisme”
Article 1.2. Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the marketing by the Tourist Office of tourist services provided directly by the Tourist Office or by partner service providers, to persons who are consumers or non-professionals within the meaning of the Consumer Code or travelers within the meaning of the Tourism Code and who have the legal capacity to contract (hereinafter referred to as “the Customer(s)”).
Article 1.3. Definitions
Customer: a natural person who is a consumer or non-professional within the meaning of the French Consumer Code, or a traveler within the meaning of the French Tourism Code, who contracts with the Tourist Office under the present general terms and conditions of sale.
Prestation: a travel service or tourist package within the meaning of article L. 211-1 of the French Tourism Code.
Online contract: contract concluded within the framework of the purchase of service(s) on the Saint-Lary Soulan Tourist Office websites:
https://www.saintlary.com/hiver
https://www.saintlary.com/ete
https://www.resa.saintlary.com
https://www.colduportet.com
Distance contract: any contract concluded between a professional and a consumer, as part of an organized system of distance sales or provision of services, without the simultaneous physical presence of the professional and the consumer, through the exclusive use of one or more distance communication techniques until the conclusion of the contract, excluding the Tourist Office website.
Ticketing: one-off service sold for a specific date and time (theatrical performances, shows, tours, etc.)
Durable medium: any instrument enabling the consumer or the professional to store information addressed personally to him or her, so that he or she can refer to it later for a period of time appropriate to the purpose for which the information is intended, and which enables the identical reproduction of the stored information (article L. 221-1 of the French Consumer Code).
Article 2 – Content and scope
These general terms and conditions of sale apply ipso jure to all services provided by the Tourist Office.
They apply to sales over the Internet or by means of other distribution and marketing channels (distance or on-site sales).
Any order or purchase implies unreserved adherence to these terms and conditions of sale, which prevail over all other conditions, with the exception of those that have been expressly accepted by the seller and appear on the booking contract.
Article 3 – Pre-contractual information
The Customer acknowledges that, prior to placing an order and/or entering into a contract, he has been provided, in a legible and comprehensible manner, with the present general and special sales conditions and with all the information listed in article L. 221-5 of the French Consumer Code as well as article R. 211-4 of the French Tourism Code.
The Customer further acknowledges having been provided with the form taken in application of the decree of
March 1, 2018 “fixing the model information form for the sale of travel and stays”.
Article 4 – Price
Article 4.1. Final price and additional taxes
The final price is announced in euros, including all taxes (VAT) per person or in the form of a package. It may be calculated according to the number of participants. It does not include transport, local transportation unless otherwise stated, or personal expenses. In some cases, additional charges may be paid directly to the service provider, notably for optional extras (e.g. parking, wifi, etc.).
The booking fee is €20 for stays of 5 nights or more, or €10 for stays of 2 to 4 nights.
It amounts to 2% of the total amount of the file for groups (+ of 16 people)
The amount of the tourist tax will be calculated by number of night(s) and by number of people of more than 18 years on the basis of the classification of the selected accommodation (whose amounts are reproduced hereafter in appendix 1 and appendix 2). The tourist tax must be paid at the time of booking and cannot be reimbursed under any circumstances.
For rental accommodation, a security deposit will be required when the keys are handed over. Failing this, the accommodation will not be made available. The amount of the security deposit is specified on the accommodation exchange voucher. The security deposit is returned by post by the accommodation provider after departure.
The end-of-stay cleaning is the responsibility of the customer, unless it is mentioned “cleaning included” in the description. A cleaning service may be offered at an additional cost, which will be specified on request.
More generally, any charges not included will be specified in the booking contract.
Prices for package holiday offers
-In hotels
Prices include room, or room and breakfast, or half-board, or full-board. Unless otherwise indicated, prices per person are calculated on the basis of two people per room in the cheapest hotel participating in the offer.
Prices do not include: tourist tax, transport, drinks, personal expenses, cancellation insurance, repatriation assistance or snow insurance. When a customer occupies a room designed for two people, a supplement called “single room supplement” is charged, indicated in the price. Special children’s rates are available in some hotels.
For groups: (based on a minimum of 16 people) rates are specified directly in the contract. They do not include: tourist tax, transport, drinks, personal expenses, cancellation insurance and repatriation assistance.
-Seasonal rental
Tourist prices include seasonal rental. Unless otherwise indicated, prices per person, excluding school vacations, are calculated on the basis of four people in the cheapest seasonal rental. They do not include: tourist tax, transport, drinks, personal expenses, liability insurance, meals, breakfasts, cancellation insurance, repatriation assistance or snow insurance. Arrivals are on Saturday from 4 pm and departures on the following Saturday before 10 am, unless otherwise indicated.
-Other services
Prices are calculated per person. For spa products (e.g. “Fitness and Health” week), any consultation with the spa doctor is not included in the package.
Article 4.2. Payment methods
The customer guarantees the Tourist Office that he/she has the necessary authorizations to use the method of payment chosen by him/her, when validating the contract. The Tourist Office reserves the right to suspend any reservation management and any execution of services in the event of refusal to authorize payment by bank card by officially accredited organizations or in the event of non-payment of any sum due under the contract.
In an effort to reduce the effects of credit card fraud, the Tourist Office reserves the right to carry out random checks and may ask the Customer to send by post or email proof of postal address, EDF bill or any other document attesting to domicile, together with a copy of the credit card.
The Tourist Office reserves the right to refuse to honor a reservation from a customer who has not paid in full or in part for a previous reservation, or with whom a payment dispute is in progress.
Payments made by the customer will not be considered final until the amounts due have been received by the Tourist Office.
The Customer has several means of payment offering optimum security among the following, the payment methods accepted may vary depending on the booking channel followed, as indicated in article 6 of these terms of sale:
a. by credit or proprietary bank card (Carte Bleue, Visa card, Eurocard/Mastercard),
b. by bank check,
c. by bank transfer (only for groups),
d. by cash,
e. by vacation vouchers.
Article 4.3 Payment terms
Unless otherwise stipulated in the booking contract, a deposit of 30% of the total amount to be paid indicated on the contract is paid at the same time as the booking contract is signed.
The Customer must pay the Tourist Office the balance on the date stipulated in the contract, i.e. 30 days before arrival for services including an overnight stay and on receipt of the invoice for services without an overnight stay. Guided tours are subject to special conditions.
For late bookings (less than 30 days before the start of the service), the full price is due upon reservation.
If the customer fails to pay the deposit within the required time, the option will be cancelled. Should the customer fail to pay the balance, he will be deemed to have cancelled his stay on the date scheduled for payment of the balance.
Article 5 – Price revision
The Tourist Office undertakes to apply the current rates indicated at the time of booking, subject to availability on that date, but reserves the right to modify its prices under the conditions set out in the present article.
In accordance with article L. 211-12 of the French Tourism Code, the price may be modified upwards or downwards after the reservation has been confirmed, to take account of changes in:
1° The price of passenger transport resulting from the cost of fuel or other energy sources;
2° The level of taxes or fees on travel services included in the contract, imposed by a third party not directly involved in the performance of the contract, including tourist taxes, landing or embarkation and disembarkation taxes at ports and airports; or
3° Exchange rates in relation to the contract.
The possible application of a price increase in application of the preceding paragraph will be notified to the Customer in a clear and comprehensible manner and accompanied by a justification and calculation, on a durable medium, no later than twenty days before the start of the services.
Inversely, the Customer has the right to a price reduction corresponding to any decrease in the costs mentioned in 1°, 2° and 3°, which occurs after the contract has been concluded and before the start of the trip or stay.
If the increase exceeds 8% of the total price of the package or travel service, the traveler may accept the proposed change, or request cancellation of the contract without paying cancellation fees and obtain a refund of all payments already made.
Article 6 – Bookings
Article 6.1 Online bookings
In the event that one or more services are booked online, the booking process is as follows.
The customer browses the website https://www.saint-lary.com and/or https://www.resa.saintlary.com to identify the services likely to meet his or her needs.
Once one or more services have been identified, the customer adds them to his or her virtual basket.
On the basket page, the customer views a summary of the requested service.
The confirmation of the order implies acceptance of the general terms and conditions of sale and forms the contract. An e-mail acknowledging receipt of the order and payment will be sent by the vendor as soon as possible.
Article 6.2 Remote offline bookings
In the event that one or more services are booked remotely offline, the booking process is as follows:
The customer may request the issue of a quote when considering booking a service.
Customers wishing to make a firm booking will inform the Tourist Office, which will send them a booking contract with options by e-mail or post, together with these general terms and conditions of sale if they have not been sent with the quotation or if no quotation has been requested.
The contract proposal with option has a validity limit, beyond which it is no longer valid: the customer must then request the issue of a new contract, whose conditions may differ from the first.
To validate the booking, the customer must return all these documents initialled and signed to the Tourist Office, keeping a copy for himself, together with a deposit cheque corresponding to 30% of the total cost of the service or the full cost of the service if the booking is made less than 30 days before the start of the services, unless otherwise stipulated in the contract.
On receipt of the documents, the Tourist Office acknowledges receipt to the customer by e-mail within 1 working day, and the reservation is confirmed.
The full balance is payable 30 days before the customer’s arrival. No late payment will be tolerated under penalty of cancellation of the file and non-refund of the deposit.
On receipt of the balance, the Tourist Office will send its Customer an exchange voucher which must be presented to the accommodation provider on the day of arrival.
Article 6.3 Reservations in the presence of the customer at the Tourist Office
Reservations made at the counter by individual visitors proceed as follows:
-For services taking place on the same day, the Customer makes his reservation at the counter after having had the opportunity to consult the general conditions of sale, the information form and the reservation contract. After choosing the service, the customer pays in full, and receives proof of payment and the voucher. A booking contract is sent to the customer by e-mail.
For services that are to take place at a later date, the customer’s booking is made directly at the counter after he/she has been given the opportunity to consult the general sales conditions and the booking contract and information form. After payment of the deposit or the full amount, a copy of the contract, the general conditions of sale and the standard form are sent to the customer by e-mail, together with the voucher or ticket required for the service, on the day of the service.
For reservations made for groups:
The customer selects and determines the service required.
After consulting the general terms and conditions of sale, the booking contract and the information form, the customer or group representative signs the booking contract and pays the deposit or the full price, depending on the nature of the service. A copy of the contract, the general terms and conditions of sale and the form are sent to the customer by e-mail, together with the tickets or vouchers required for the service.
If the customer requires time to reflect, without having signed his contract at the counter, he can follow the remote booking process provided for in article 6.2.
No modification, (particularly of headcount) will be accepted less than 7 days before the start of the holiday.
Article 7 – No right of withdrawal
Article L. 221-28 of the French Consumer Code stipulates that the right of withdrawal cannot be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities which must be provided on a specific date or during a specific period. Article L. 221-2 of the Consumer Code also excludes this option for passenger transport and tourist packages.
The Tourist Office avails itself of this absence of right of withdrawal for all services falling within the scope of article L. 221-28 or L. 221-2 of the Consumer Code.
The consumer or non-professional Customer will have no right of withdrawal.
Article 8 – Modification of the contract
Article 8.1. Modification at the initiative of the office
The Tourist Office may unilaterally modify the clauses of the Contract after its conclusion and before the start of the tourist service, without the Customer being able to object, provided that the modification is minor and that the Customer is informed as soon as possible in a clear, comprehensible and apparent manner on a durable medium.
If the Tourist Office is obliged to unilaterally modify one of the main characteristics of the Contract within the meaning of article R. 211-4 of the French Tourism Code, that it cannot meet the specific requirements agreed with the Customer, or in the event of a price increase in excess of 8%, it shall inform the Customer as soon as possible, in a clear, comprehensible and apparent manner, on a durable medium : of the proposed modifications and, if applicable, their impact on the price of the trip or stay; of the reasonable timeframe within which the Customer must inform the Tourist Office of the decision he has made; of the consequences of the traveler’s failure to reply within the set timeframe; if applicable, of the other service proposed, as well as its price.
When the modifications to the contract or the alternative service result in a reduction in the quality of the trip or stay or in its cost, the traveler is entitled to an appropriate price reduction.
If the contract is terminated and the Customer does not accept an alternative service, the Tourist Office will refund all payments made by or on behalf of the Customer as soon as possible, and no later than fourteen days after termination of the contract.
Article 8.2 Modification at the Customer’s initiative
Requests for modification of confirmed files must be made in writing. Only modifications notified by return of a contract by the Tourist Office are deemed accepted (no corrections made directly by the Customer will be taken into account). Any change to the date of stay or accommodation requested by the customer constitutes cancellation of the initial order (with application of the appropriate charges) and registration of the new order. Any stay shortened or not used by the customer, or started late by the customer, will not be reimbursed.
Any modification of the file at the customer’s request will incur a modification fee of 20€.
The Office is committed to the customer only on the services sold.
The Office will not be held responsible for:
any services subscribed by the customer other than those invoiced by the Office;
any modification of the services at the customer’s initiative.
In the event that a customer (individual or group) who has booked a service turns up in a lower number than that provided for in the booking, unless agreed by the Tourist Office, no refund will be made and the prices corresponding to the contracted prices will be invoiced, excluding the conditions and according to the deadlines set out in article 9.1 of these general terms and conditions of sale.
In the event of the customer (individual or group) arriving in numbers greater than those specified in the booking, and without the express authorization of the Tourist Office resulting in additional individual invoicing, these additional people will not be able to take part in the service. The contract is drawn up for a maximum number of people. If the number of participants exceeds the capacity, the service provider may refuse to accept additional clients. In this case, the price of the service remains the property of L’Office de tourisme de Saint-Lary Tour.
The conditions for accepting a pet are set by the accommodation provider. Should the customer fail to comply with these conditions, the owner of the accommodation may refuse to accept the animal. An “animal” supplement will be systematically requested for the duration of the stay when the keys are handed over.
Arrival times (excluding packages) are on Saturdays from 4:00 pm and departures are on the following Saturday before 10:00 am, unless otherwise indicated.
The Customer must arrive on the scheduled day, at the address and at the times indicated on the voucher. If this is not possible, the customer must inform the service provider directly.
Article 9 – Cancellation of the contract
Article 9.1. Termination of the contract by the Customer
The Customer may terminate the contract at any time, prior to the start of the service. For such termination to be valid, the customer must inform the Tourist Office by email or post.
The Tourist Office may ask the Customer to pay a cancellation fee, according to the following schedule:
-More than 30 days before the start of the service: 30% of the total price
-between 30 and 16 days before the start of the service: 50% of the total price
-between 15 and 8 days before the start of the service: 75% of the total price
-less than 8 days before the start of the service: 100% of the total price will remain due to the Tourist Office.
If the customer does not show up within 24 hours of the contracted arrival date, the contract becomes null and void and the Tourist Office may dispose of the accommodation.
These cancellation fees will not be due if the contract is terminated as a result of exceptional and unavoidable circumstances occurring at or in the immediate vicinity of the destination and having significant consequences on the performance of the contract. In this case, the Tourist Office will reimburse any payments made in full, without however entailing any additional compensation.
Article 9.2. Termination of the contract by the Tourist Office
The Tourist Office may terminate the contract at any time, prior to the start of the service.
In this case, the Tourist Office will proceed with a full refund of the sums paid by the Customer. The customer will be entitled to additional compensation corresponding to that which would have been payable by the Tourist Office if the contract had been terminated by the customer, in accordance with article 9.1 of these general terms and conditions of sale.
However, the Tourist Office will not be liable for any additional compensation if the contract is terminated in the following two cases:
1) The number of people registered for the trip or stay is less than the minimum number indicated in the contract. In this case, the Tourist Office will notify the Customer of the cancellation of the contract by email or post within the period specified in the contract, according to the following schedule
– twenty days before the start of the trip or holiday in the case of trips lasting more than six days;
– seven days before the start of the trip or holiday in the case of trips lasting between two and six days;
– forty-eight hours before the start of the trip or stay in the case of trips lasting no more than two days;
2) The Tourist Office is prevented from performing the contract due to exceptional and unavoidable circumstances (e.g. unfavorable weather conditions preventing the performance of the service). In this case, the Tourist Office will notify the traveler of the cancellation of the contract by email or in writing as soon as possible before the start of the trip or stay.
Article 10 – Assignment of the contract
Article 10.1. Possibility for the Customer to assign his contract
The Customer has the possibility of assigning his contract to an assignee who meets the same conditions as him to make the trip or stay, as long as this contract has not produced any effect.
Article 10.2. Advance notice to assign the contract
The Customer may only assign his contract on condition that he informs the Tourist Office of his decision by any means capable of producing an acknowledgement of receipt no later than seven days before the start of the trip. Under no circumstances is this assignment subject to prior authorization by the organizer or retailer.
Article 10.3. Joint and several liability of the assignor and assignee
The assigning Customer and the assignee are jointly and severally liable for payment of the balance of the price and any additional costs that the assignment may give rise to.
Article 11 – Legal warranty of conformity
Article 11.1. Principle
The Tourist Office is the sole guarantor of the conformity of the services to the contract. As such, the non-professional or consumer customer may make a claim under the legal warranty of conformity provided for in articles
L. 217-11 et seq. of the French Consumer Code and L. 211-16 of the French Tourism Code.
Article 11.2. Implementation of the legal warranty of conformity
The consumer or non-professional customer must notify the Tourist Office of any defects and/or lack of conformity as soon as possible after the services have been provided, in accordance with article L. 211-16 II of the French Tourism Code. This communication must be made, with supporting documents, no later than 48 hours after arrival, so that the Tourist Office can investigate the disturbance and assess the reality of the alleged defects efficiently and in the interests of both parties.
If any of the travel services are not performed in accordance with the contract, the organizer or retailer shall remedy the non-conformity, unless this is impossible or involves disproportionate costs, taking into account the extent of the non-conformity and the value of the travel services concerned.
Defects and/or defects found may give rise to rectification, substitution, price reduction or reimbursement as soon as possible, taking into account the extent of the non-conformity and the value of the travel services concerned.
In the event of the Office proposing a replacement service or a price reduction, the traveler may only refuse the other services proposed if they are not comparable to what was provided for in the contract, or if the price reduction granted is not appropriate.
The Tourist Office’s guarantee is limited to the reimbursement of services actually paid for by the consumer or non-professional Customer, and the Tourist Office may not be considered responsible or in default for any delay or non-performance following the occurrence of a case of force majeure or exceptional or unavoidable circumstances.
Article 11.3 Contact details for the Seller
In accordance with article R 211-6, 4° of the French Tourism Code, the Customer may promptly contact the Tourist Office at the contact details shown in article 1.1. “Seller’s designation” of these general terms and conditions of sale, in order to communicate with it effectively, request assistance if the Customer is in difficulty or complain about any non-conformity noted during the execution of the trip or stay.
Article 12 – Intellectual property
All technical documents, products, drawings, photographs given to purchasers remain the exclusive property of the Tourist Office, the sole owner of the intellectual property rights on these documents, and must be returned to it on request.
Buyers Customers undertake not to make any use of these documents, likely to infringe the supplier’s industrial or intellectual property rights, and undertake not to disclose them to any third party.
Article 13 – Protection of personal data
Article 13.1. Data collected
As part of its business of selling Tourist Stays and Services, the Seller implements and operates processing of personal data relating to Customers and Beneficiaries.
As such, the Tourist Office may be required to collect the following personal data: first name, surname, title, age, postal address, e-mail address, telephone numbers, family composition, special features noted on the contract, weight, height, payment terms.
Article 13.2. Purpose
The collection of this personal data is essential to the performance of the contract, and in the event of refusal to communicate it, the Customer will be exposed to difficulties in the performance of the service, which will not give rise to any liability on the part of the Tourist Office.
This personal data is collected for the exclusive purpose of ensuring the management of the Vendor’s Customers in the context of the conclusion of the contract and its performance, on the basis of the Customer’s consent. They are only used for the purposes to which the Customer has consented.
More specifically, the purposes are as follows:
-Identification of persons using and/or reserving services
-Formalization of the contractual relationship
-Realization of services reserved with the Tourist Office
-Management of contracts and reservations
-Communication to partners with a view to the realization of services by the partners concerned
-Accounting in particular management of customer accounts and monitoring of customer relations,
-Processing operations relating to customer management,
-Prospecting and/or sending information, promotions to Customers
-Compiling sales statistics
-Developing customer knowledge.
-Sending newsletter
Article 13.3. Persons authorized to access data
The persons authorized to access data collected within the Tourist Office are as follows: employees of the Tourist Office and its partners involved in the services requested by the Customer, and where applicable, subcontracted service providers of the Tourist Office involved in the provision and/or administration of the services and being brought to intervene in this capacity on the processing, it being then specified that in such hypothesis, whether partners or subcontractors, this is carried out in compliance with the regulations in force.
Article 13.4. Data retention
This collected personal data is retained for the legal retention period relating to the purpose of the processing, and for a maximum of 5 years.
Personal data relating to the Customer’s bank card is retained exclusively for the period necessary to complete the transaction.
Personal data relating to a prospect who would not enter into a booking contract with the Tourist Office is retained for a period of 3 years from the date of collection.
Personal data required to send out the newsletter is kept for as long as the customer does not unsubscribe.
The Tourist Office implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Tourist Office cannot guarantee the security of the transmission or storage of information on the Internet.
The Tourist Office has formalized the rights and obligations of Customers and Beneficiaries with regard to the processing of their personal data within a document called the Privacy Policy, accessible at the following address: https://www.saint-lary.com/ete/mentions-legales and on request from the Tourist Office.
Article 13.5. Rights of the holder of the data collected
In application of the regulations applicable to personal data, each user has the right to query, access, modify, oppose and rectify, on legitimate grounds, the collection and processing of his or her personal data. It is possible to request that such data be rectified, completed, clarified, updated or deleted.
These rights may be exercised by writing a signed letter to the Data Protection Officer, at the e-mail address rgpd@saintlary.com, specifying “MY DATA” in the subject line and enclosing a copy of your identity document with your request.
At any time, the Customer may lodge a complaint with the CNIL in accordance with the procedures indicated on its website (https://www.cnil/fr).
Article 13.6. Modification of the clause
The Tourist Office reserves the right to make any modification to the present clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the Tourist Office undertakes to publish the new version on its website, and will also inform users of the modification by e-mail, at least 15 days before the effective date.
Article 13.7. Opposition to telephone canvassing
You have the option of registering on the telephone canvassing opposition list on the following website: http://www.bloctel.gouv.fr/.
Article 14 – Language of the contract
These general terms and conditions of sale are drawn up in the French language. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 15 – Insurance
The Customer undertakes to hold and be up to date with his civil liability insurance to cover any damage he may cause.
The Customer may take out optional cancellation insurance: Open location saisonnière n°52124582 and Open Tourisme n°52124583 (cabinet GENERALI ACTUAL 184 avenue de Saint-Exupéry – Toulouse. This insurance covers the cancellation of the services included in the booking, in accordance with the conditions set out in the following insurance contract: http://resa.saintlary.com/conditions-assurance-annulation.html.
The cost of this cancellation insurance is specified on the option and booking contract (3% of the total cost of the booking). This insurance can only be taken out at the time of booking. Once taken out, the cancellation insurance cannot be withdrawn.
Article 16 – Minors
When minors, unaccompanied by a parent or other authorized person, travel on the basis of a contract for tourist services including accommodation, the person responsible for the minor must communicate for the conclusion of the contract information enabling direct contact to be established with the minor or the person responsible for the minor at the minor’s place of stay.
Article 17 – Liability of the Tourist Office
Article 17.1 – Full liability
The Tourist Office is fully liable for tourist services contracted under the present general terms and conditions of sale.
The Tourist Office may, however, exonerate itself from all or part of its liability by proving that the damage is attributable either to the Customer, or to a third party unrelated to the provision of the travel services included in the contract and is of an unforeseeable or unavoidable nature, or to exceptional and unavoidable circumstances.
The organizer as well as the retailer are responsible for the proper performance of all travel services included in the contract in accordance with article L. 211-16.
Article 17.2. Limitation of the Tourist Office’s liability
In accordance with article L 211-17, IV of the French Tourism Code, the amount of any damages that the Tourist Office may be ordered to pay to the Customer for any reason whatsoever, will be limited to three times the total price excluding taxes of the services, with the exception of personal injury and damage caused intentionally or through negligence.
Article 18 – Exceptional and unavoidable circumstances
Any event that creates a situation beyond the control of both the professional and the traveler, and whose consequences could not have been avoided even if all measures had been taken, thus preventing the performance under normal conditions of their obligations, are considered causes of exoneration from the obligations of the parties and entail their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts for more than three months, these general conditions may be terminated by the aggrieved party.
Article 19 – Assistance to the traveler
The Tourist Office is responsible for the proper performance of the services provided for in the contract. In this context, if the Customer encounters difficulties, the Tourist Office will provide appropriate assistance as soon as possible, having regard to the circumstances of the case, and in particular:
It will provide useful information on health services, local authorities and consular assistance.
It will help the traveler make long-distance communications and find other travel services.
The organizer or retailer will be entitled to charge a reasonable price for this assistance if this difficulty is caused intentionally by the traveler or by his negligence. The price charged will not exceed the actual costs incurred by the organizer or retailer.
The Tourist Office can be contacted on 05.62.39.50.81 or by email info@saintlary.com.
Article 20 – Accessibility and safety
Not all establishments marketing overnight stays are accessible to people with reduced mobility.
Accessible accommodation is detailed on the Tourist Office website.
Some sports or leisure activities sold by the Tourist Office require good physical condition and are not accessible to people with disabilities, pregnant women or children. Certain services are governed by regulatory constraints and are not accessible to all members of the public.
Some activities also require adapted equipment.
The Customer undertakes to comply at all times with the guidelines and recommendations of the Tourist Office service provider and with health and safety rules.
Article 21 – Dispute resolution
Article 21.1. Applicable law
These general terms and conditions are subject to the application of French law. This applies to both substantive and formal rules. In the event of a dispute or claim, the Customer shall first contact the Tourist Office to obtain an amicable solution.
Article 21.2. Mediation
The Customer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The customer may thus refer the matter to the Médiateur du Tourisme et du Voyage on the following website: https://www.mtv.travel/ in the event that the response provided by the Office to the customer on his complaint is deemed insufficient within 60 days.
Article 21.3. Online sales
In the event that the service has been purchased online by the Customer, the latter is informed that, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, he/she has the option of lodging a complaint and selecting a dispute resolution body on the following website:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
Article 22.4. Competent jurisdiction
All disputes to which the purchase and sale transactions concluded in application of the present general terms and conditions of sale may give rise, concerning both their validity, interpretation, performance, termination, consequences and consequences and which could not be resolved amicably between the seller and the Customer, will be submitted to the competent courts under the conditions of common law.
Article 22.5. Non-waiver
Non-waiver by either party of a breach by the other party of any of the obligations referred to in these terms and conditions shall not be construed for the future as a waiver of the obligation in question.
Article 22.6. Proof
It is expressly agreed that the data contained in the information systems of the office have probative force as to orders, requests, and any other element relating to the use of the Site. They may be validly produced, notably in court, as a means of proof in the same way as any written document.
Article 22 – Linked travel services
If, after choosing a travel service and paying for it, you book additional travel services for your vacation trip or stay through our Tourist Office or on its targeted advice, you will NOT benefit from the rights applicable to packages under Directive (EU) 2015/2302 and Article L.211-2 of the French Tourism Code.
However, if you book additional travel services during the same visit or contact with our Tourist Office, the travel services will be part of a linked travel service. In this case, the Tourist Office has, as required by European Union law, protection in order to refund the sums you have paid to it for services that have not been performed due to its insolvency.
L’Office de tourisme de Saint-Lary Soulan has taken out insolvency protection with Association Professionnelle de Solidarité du Tourisme, 15 avenue Carnot, – 75017 Paris.
Travelers can contact this entity if they are denied travel services due to the insolvency of the Office de tourisme.
Note: this protection against insolvency does not apply to contracts concluded with parties other than the Tourist Office that can be performed despite the Office’s insolvency.
[Website on which the (EU) 2015/2302 directive transposed into national law can be consulted https://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=B6B56671A51841699A8FB7B4B5EB08A2.tplgfr21s_1?idArticle=LEGIARTI000036242695&cidTexte=LEGITEXT000006074073&categorieLien=id&dateTexte=20180701].
