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Odalys - General Sales Conditions

Last updated : 30-11-2011

The current terms and conditions are applicable in relation to the organisation of the sale of trips, stays and/or packages, in compliance with articles R211-3 to R211-11 of the French Code of Tourism, of which the complete reproduction is set out below :

Article R.211-3
Subject to exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any services of offer and sale of trips or holidays give rise to the handing over of appropriate documents that meet regulations defined in this section. In the case of air transport ticket sales or regular line transport tickets that are not accompanied with services linked to this transport, the vendor issues one or several tickets to the purchaser for the entire trip, issued by the transporter or issued under the transporter's liability. In the case of transport by request, the name and address of the transporter, on whose behalf the tickets are issued, must be detailed. Separate invoicing of different elements of the same tourist package does not lead to the vendor being exempt from obligations arising from the statutory provisions of this section.

Article R.211-3-1
Exchange of pre-contractual information or the availability of contractual conditions is carried out in writing. This may take place by electronic means under conditions of validity and performance as provided for in Articles 1369-1 to 1369-11 of the Civil Code. The vendor's name or corporate name and address are mentioned as well as the registration number as provided in Article L. 141-3 or, if applicable, the name, address and registration details of the federation or union mentioned in the second paragraph of Article R. 211-2.

Article R.211-4
Prior to entering into a contract, the vendor must provide the consumer with information on the prices, dates and other constituent elements of the services supplied during a trip or holiday, such as:

• 1° the destination, means, features and category of transport used;
• 2° the accommodation, its location, degree of comfort and main features, its approval and tourist rating corresponding to regulations or customs in the country to be visited;
• 3° catering services offered;
• 4° description of the itinerary if the service purchased is a tour;
• 5° administrative and health formalities to be completed, and the deadlines within which they should be completed, by nationals or citizens of other member countries in the European Union or another State that is part of the agreement on the European economic space, especially in cases where borders are crossed;
• 6° visits, excursions and other services included in the fixed price or possibly available at further cost;
• 7° the minimum and maximum number of participants enabling the trip or holiday to take place and, if the trip or holiday is subject to a minimum number of participants, the deadline upon which the consumer should be informed of the cancellation of the trip or holiday; this date may be set at no less than twenty-one days before the due departure date;
• 8° the amount or percentage of price to be paid as a down payment upon entering the contract and the schedule established for the payment of the balance due;
• 9° the terms upon which prices may be revised, as provided for in the contract pursuant to Article R. 211-8;
• 10° contractual cancellation terms and conditions
• 11° cancellation terms and conditions set out in Articles R. 211-9, R. 211-10 et R. 211-11;
• 12° information concerning the optional taking out of an insurance policy covering the consequences of certain specific risks, particularly repatriation costs in case of accident or illness;
• 13° when the contract includes air transport services, information for each leg of the flight, as provided for in Articles R. 211-15 to R. 211-18.

Article R.211-5
Prior information given to the consumer binds the vendor, unless in this information the vendor expressly reserves the right to modify certain elements. The vendor should, in this case, clearly indicate how this modification may intervene and what elements may be affected. In any case, modifications made to prior information should be communicated to the consumer before the contract is entered into.

Article R.211-6
The contract entered into between the vendor and the purchaser must be written, drawn up in two examples, one of which is handed to the purchaser, and signed by both parties. When the contract is entered into electronically, Articles 1369-1 to 1369-11 of the Civil Code are applied. The contract must include the following clauses:

• 1° the name and address of the vendor, its managing director and insurance company as well as the name and address of the organiser;
• 2° the destination or destinations of the trip and, in the case of split holidays, the different periods and dates;
• 3° the means, features and categories of transport used, the dates and points of departure and return;
• 4° the accommodation, its location, degree of comfort and main features, its approval and tourist rating corresponding to regulations or customs in the country to be visited;
• 5° catering services offered;
• 6° description of the itinerary if the service purchased is a tour;
• 7° visits, excursions and other services included in the total price of the trip or holiday;
• 8° the total price of services invoiced and the indication of any possible revision of this invoice on the strength of provisions in Article R. 211-8 ;
• 9° the indication, if necessary, of charges or taxes relating to certain services, such as landing, disembarking or boarding taxes in airports and ports, visitor's occupancy tax when this has not been included in the price of the service or services supplied;
• 10° the schedule and methods of payment of the price; the last instalment made by the purchaser may not be less than 30% of the price of the trip or holiday and must be made at the time the documents enabling the trip or holiday to be undertaken are handed over to the purchaser;
• 11° particular terms and conditions requested by the purchaser and accepted by the vendor;
• 12° the method according to which the purchaser may make a claim against the vendor for the nonperformance or incorrect performance of the contract; such a claim being sent as soon as possible by any means enabling a proof of delivery to the purchaser be obtained, and, if necessary, notified in writing to the organiser of the trip and service provider concerned;
• 13° the deadline when the purchaser is notified if the trip or holiday is cancelled by the vendor in cases when the trip or holiday is reliant upon a minimum number of participants, in compliance with provisions in paragraph 7 of Article R. 211-4;
• 14° contractual cancellation terms and conditions
• 15° cancellation conditions set out in Articles R. 211-9, R. 211-10 and R. 211-11 ;
• 16° details concerning the risks covered and the amount of guarantees in the insurance policy covering the consequences of the vendor's professional public liability;
• 17° information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the purchaser (policy number and name of the insurer), and information concerning the assistance contract covering certain particular risks, and particularly repatriation costs in case of accident or illness; in this case, the vendor must give the purchaser a document at least detailing the risks covered and risks excluded;
• 18° the deadline on which the purchaser must inform the vendor of any transfer of contract;
• 19° the undertaking to supply the purchaser, at least ten days before the anticipated date of departure, with the following information:
  • a) the name, address and telephone number of the vendor's local representative, or, failing this, the names, addresses and telephone numbers of local organisations likely to help the consumer should any difficulties arise, or, failing this, an emergency telephone number in order to contact the vendor;
  • b) for trips and holidays abroad for minors , a telephone number and address providing direct contact with the child or the person in charge on the site of his/her holiday;
• 20° the cancellation clause and reimbursement without penalties of the sums paid by the purchaser should the obligation of information set out in paragraph 13 of Article R. 211-4 not be met;
• 21° the undertaking to supply the purchaser with the departure and arrival times in due course before the start of the trip or holiday.

Article R.211-7
The purchaser may transfer his/her contract to a transferee who meets the same conditions as him/her to go on the trip or holiday, as long as this contract does not produce any effect. Unless more favourably stipulated to the transferor, the latter should inform the vendor of his/her decision by any means that enables a proof of delivery to be obtained at least seven days before the start of the voyage. When the service sold is a cruise, this deadline is fifteen days. This transfer is not subject, in any case whatsoever, to prior authorization from the vendor.

Article R.211-8
When the contract includes an express possibility of price revision, within limits set out in Article L. 211-12, it should mention the precise method of calculation, for both increases and decreases, in price variation and particularly for the amount of transport charges and related taxes, the currency or currencies that may have an implication on the price of the trip or holiday, the part of the price to which the variation is applied, the rate of the currency or currencies applied as a reference when establishing the price detailed in the contract.

Article R.211-9
When, before the purchaser's departure, the vendor is obliged to modify one of the elements that is essential to the contract, such as a significant price increase, and when the vendor disregards the obligation of providing information mentioned in paragraph 13 of Article R. 211- 4, the purchaser may, without prejudice to any recourse for compensation for any possible damages suffered, and after having been informed by the vendor by any means that enables proof of delivery to be obtained:

• either terminate his/her contract and obtain without penalty the immediate reimbursement of amounts paid;
• or accept the modification or the substitute trip proposed by the vendor; a rider to the contract detailing the appropriate modifications is then signed by the parties; any reduction in price is deducted from the amount that may still be due by the purchaser, and, if the payment already made exceeds the price of the modified service, the excess shall be restored to the purchaser before departure.

Article R.211-10
In the case provided for in Article L. 211-14, when, before the purchaser's departure, the vendor cancels the trip or holiday, the latter should inform the purchaser by any means that enables proof of delivery to be obtained; the purchaser, without prejudice to any recourse for compensation for any possible damages suffered, obtains immediate reimbursement, without penalty, of sums paid from the vendor; in this case, the purchaser receives an allowance that is at least equal to the penalty they he would have had to pay if the cancellation had been made by him/her on that date. Provisions of this article do not, in any case whatsoever, obstruct the conclusion of any amicable agreement for a substitution trip or holiday proposed by the vendor and accepted by the purchaser.

Article R.211-11
When, after the departure of the purchaser, the vendor is unable to supply a predominant part of the services provided for in the contract that represent a sizeable percentage of the price paid by the purchaser, the vendor must immediately make the following arrangements without prejudice to any recourse for compensation for any possible damages suffered:

• either offer services to replace the anticipated services by possibly bearing any price supplement and, if the services accepted by the purchaser are of an inferior quality, the vendor should reimburse the difference in price to the purchaser, upon his/her return;
• or, if no replacement services are proposed or if these are refused by the purchaser for valid reasons, to supply the purchaser at no extra cost, transport tickets in order to ensure his/her return, in conditions that may be deemed to be equivalent, to the point of departure or to another place accepted by both parties.

The provisions of this article are applicable should the obligation set out in paragraph 13 of Article R. 211-4 not be met.

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Specific Sales Conditions

General Information

French Privacy law
In accordance with article 27 of the law 78-17 with relation to computing, to files and the right to privacy, of the 6th January 1978, you are informed that all information is collected by Odalys, in order to make your booking and that for marketing reasons we may re-use this information or communicate it to a third party. In accordance with article 34 of the Law 78-17 you have right to access, rectify or oppose your personal details, by writing to Odalys Evasion - Avenue René Descartes - BP 412 - ZAC du Parc de la Duranne - 13591 AIX-EN-PROVENCE Cedex 3

Absence of the right of withdrawal
In accordance with article L121-20-4 of the Consumer Code, the right of withdrawal is not applicable to service providers in the fields of accommodation, transport, food and drink, or leisure activities due to be provided at a specific date or period.

Commercial offer
This present catalogue constitutes the pre-conditional offer in accordance with the articles R. 211-5 et R. 211-6 of the Code of Tourism. Odalys however reserves the right to modify certain services offered, according to the conditions set out in article R211-6 above.
The reservation of a stay and/or a trip implies that the present specific conditions are accepted. A printing error is always possible. The variations in economic conditions can lead to a modification of prices before the signing of the contract.
Your attention is drawn to the fact that the buildings, apartments and swimming pools are liable to look different when photos are taken with a wide-angle lens. Photos are only given by way of example and cannot be considered legally binding. Surface areas of villas, apartments, mobile-homes, bedrooms, swimming pools, etc. are approximations and given only as a rough estimation.
We cannot be held responsible for any road works or building work undertaken by the commune or by private individuals, near the sites rented out.

Reservation
A deposit by cheque, representing 25% of the total cost of your stay, a handling fee of 20 € (15 € for a booking made online via the Odalys web sites) and the full amount of insurance, if applicable, should be sent along with any booking. The remaining amount should be paid 30 days before departure, without any reminder on our part, failing which we may consider your booking to be cancelled, and may charge the contractual cancellation fees, as set out below. In the case of reservations made less than 30 days before the beginning of the stay, the full amount is required on reservation.
Most of our stays include 7 nights, from Saturday to Saturday. You are reminded that any accommodation, intended to be rented out to a certain number of people may not under any circumstances be used by a greater number.
The dates and prices of the stay are confirmed by e-mail after payment of the 25% deposit. After payment of the total cost of your stay, we will send you a voucher («bon de séjour») which includes all the necessary practical information. Payment made by credit card acts as a guarantee of reservation and insures the payment of the stay.

Our prices
Prices indicated are in euros. Payment of your stay is to be made in euros.
Our prices do not include : the tourist tax which is to be paid on the premises, and which differs according to the town concerned, the fixed charge per week or per stay for your pet, the deposit which is to be paid on arrival and given back to you on the day of departure, after inventory, any optional services, (eg. : television hire, bed or bathroom linen hire) or additional services such as end-of-stay cleaning.
Our prices for ski-lifts do not include insurances. Insurance for ski-lifts can be taken out at the ski-lift office, directly at the resort.

Special offers
Under no circumstances can special offers and reductions have a retro-active effect.

Baby equipment
Where this option exists, you are strongly advised to reserve this in advance, directly at your Residence

Animals
Only certain of our establishments accept pets, sometimes under the condition of a fixed charge to be paid upon arrival at the residence. It is recommended that you contact the residence directly, to see if pets are accepted and to be informed of the conditions. They must not cause a nuisance to other clients (noise, hygiene, smell...). Animals are strictly prohibited around the swimming pools. Dangerous or aggressive animals, as well as "exotic pets" are not allowed. Please bring with you the animal's health record.

Leisure activities
The information concerning activities, as presented in the sections "Places to go" or "In the surroundings" or "The resort's attractions" are only mentioned by way of a guide. These activities are available at the resort or nearby and participation implies a supplementary cost.
Please check the general sales conditions for ski-passes with the ski-lift office, directly at the resort.

Cleaning
Your villa, apartment or mobile-home should be given back perfectly clean and tidy. At most of our residences, there is the possibility of requesting end of stay cleaning at a supplementary charge, starting at 52 €, to be paid on the premises (with the exception of certain residences where the end of stay cleaning is obligatory)

Stay abroad
You must necessarily possess all the documents required by the regulations of the country visited: vaccinations, proof of identity, passport and insurance.

Children under the age of 18 travelling alone
In order to travel abroad, an unaccompanied minor must have an authorization signed by the parents.

Foreign nationals
Please obtain information from the consulates of each country as to visas that may be required. We are not responsible for those who do not comply with currently applicable regulations.

Air transport
You are informed of the times, the itineraries and the type of aircraft, which remain however subject to modification. Information as to the name of the transporter is to be given at least 8 days before the departure date or when the contract is signed, if this is less than 8 days before the departure (in the case of a charter flight, this information will be communicated in the form of a list). Flight delays are at times inevitable No compensation can however be made in the case of a delay, even in the case of the modification of the length of the programme originally envisaged. Departures and return journeys to Paris can be at either Orly or Roissy airports but no compensation or reimbursement of transport costs between the two airports can be made.
We wish to remind you that charter flights are cut-price but non-scheduled flights and that as a result of this they may take place very late at night or early in the morning
Our company cannot be held responsible for the failure of its clients to check in, as a result of inability to present valid travel documents or failure to respect the correct places and times.

Transfer of contract
If you transfer your contract, you should inform us by registered letter, with acknowledgement of receipt, 7 days at the latest before the beginning of your stay, indicating the personal details of the beneficiaries and ensure that they fulfil the conditions necessary to your particular stay.

Holiday Vouchers (Chèques-Vacances)
We wish to draw your attention to the fact that ODALYS is registered with the Agence Nationale pour les Chèques Vacances. We accept these vouchers in payment of holiday rentals in France or in European Union destinations. We advise you to send them to us correctly filled in, by registered letter.

Arrivals and departures
We wish to inform you that in most of our residences in France, arrivals are between 5pm and 8pm on Saturday and departure the following Saturday, before 10am. The villa, room, apartment or mobile-home should be perfectly clean and tidy on departure.

Cancellations and modifications
We require written confirmation for any cancellation or modification.
In all cases a charge of 15 € will be retained for administration costs, plus the following contractual cancellation fees:

• 30 € cancellation charge, for a cancellation more than 30 days before departure.
• 25% of the total cost of the stay for a cancellation between 29 and 15 days before departure
• 75% of the total cost of the stay for a cancellation between 14 and 3 days before departure
• 100% of the total cost of the stay for a cancellation less than 3 days before departure or failure to appear on the arrival date.

No reimbursement can be made for any stay that is interrupted or shortened for any reason whatsoever.

Rules and regulations
To make life easier for all our holidaymakers, a copy of the rules and regulations is displayed in each apartment, room, villa or camp site; thank you for reading and respecting them.

Responsibility
We wish to bring to your attention the fact that, in accordance with the present ruling, the rental in a Tourist complex or villa does not come into the domain of the responsibility of hotelkeepers. Consequently Odalys cannot be held responsible for the loss, theft or deterioration of any personal belongings in our residences or villas, whether in the apartments, car parks or in communal parts of the building (ski lockers, bicycle sheds etc.).

We wish to remind you that you are responsible for the security of the apartment or villa during your stay and that you must be aptly ensured. Taking certain precautions might avoid you possible unpleasant consequences: close large windows before leaving your apartment, room or villa, don't forget to lock your door. You are reminded that Odalys cannot accept responsibility for any personal belongings left in your apartment, room, house or villa when vacating the premises.

Repatriation assistance, insurance against cancellation
Our prices do not include any travel insurance. This remains optional and will be offered when you make your booking. We offer you a double insurance with TMS Assurance who will bear the contractual cancellation fees in the following cases:

• Accidents, illness or death of the insured party, of his spouse or partner, ascendants, and descendants with the exclusion of previously existing illnesses.
• Serious damages, requiring the insured party to be present on the day of departure, due to theft, fire or natural disaster.
• Redundancy of the insured party.

This insurance also offers the following guarantees by way of assistance:

• Repatriation of the members of the family or other accompanying parties, in the case of hospitalization or death.
• Medical costs up to a limit of 3811,23 €.
• Costs for search or assistance : up to a limit of 762,25 €.

Cost of this insurance :

• 25 € per accommodation rented in France or abroad.
• 15 € per person for hotel option in France or abroad.

Complaints
Any complaints concerning a trip or a stay, should be sent by registered letter, within 30 days following the stay, to the following address:
Odalys - 20, avenue de l'Opéra - 75001 PARIS

Applicable Law and jurisdiction :
The current terms and conditions are subject to French law. In the event of legal action, only the French courts will be qualified.

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This site is edited by : Odalys Evasion
French L.L.C. with a capital of 7 500 Euro
RCS Paris 511 929 739
European V.A.T. number: FR63511929739
Company registered with the French "Régistre des opérateurs de voyage et de séjours" under number IM075100274 (ex n° LI 075 09 0021),
issued by Atout France : 23, place de Catalogne - 75685 Paris Cedex 14
Financial guarantee : Association Professionnelle de Solidarité du Tourisme (1 448 180 €)

Address :
20 avenue de l'Opéra,
75001 PARIS
Tél. +33 (0)1 58 56 56 56
Fax + 33 (0)1 45 61 23 33

Bureau Aix en Provence :
Avenue René Descartes,
Parc de la Duranne - BP 412 -
13591 Aix en Provence CEDEX 3
Tél. +33 (0)4 42 97 58 00
Fax +33 (0)4 42 97 58 01

Civil and Professional Responsibility Insurance :
AGF / Allianz - Agence Montmirail
6 rue Jean Jacques Vernazza
BP 712 - 13322 MARSEILLE
This insurance contract is valid worldwide.

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Ecritel - French L.L.C. with a capital of 2.325.000 Euro
RCS Paris B 332 484 021
51, rue Le Peletier - 75009 Paris