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General Sales Conditions of La Clusaz Tour

PREAMBLE
 
The hereby contract is subjected to the conditions of Law n° 92.645 from 1992, July,13th  and to its decree n° 94.490 of 1994, June,15th implementing the practice conditions of activities related to the organization and sale of trips and holidays.
 
The hereby general conditions, completed by the particular conditions, make up an indivisible whole that establishes the written contract in accordance with the R.211-6 article of Tourism Law (Code du tourisme).
 
  1. Identification of the vendor, of its guarantor and its insurance company:
 
Identification of the vendor:

Société de Gestion des Activités Touristiques de La Clusaz, a semi-public company with a €200,000 capital RCS  ANNECY B 527672398 and headquarters located :
1 place de l'église – BP6
Mairie de La Clusaz
74220 LA CLUSAZ – France
Hereafter named La Clusaz Tour
 
Travel agency licence N°: IM074110070
 
Guarantor:
Banque Laydernier
10 Avenue du Rhône-74000 ANNECY
Financial guarantee: 46 000,00 €
 
Liability insurance:
HISCOX
19 rue Louis LEGRAND – 75002 PARIS
« Assurances Professionnelles by Hiscox, Tourisme Pro » Contract n° HA RCP0222151
 
  1. Fares
 
Maintenance charges are included in our prices (fixed rate for water, electricity and heating – unless otherwise specified in the descriptive), except for booking fees and optional insurance premiums (art.6) which are payable at the moment of booking. The local tourist tax will be demanded by the accommodation provider upon your arrival (art.9).
 
Our prices are informative and can be subject to mistake or omission. The booking of your stay becomes effective only upon the reception of the total booking costs (down payment and balance) via our secure payment system. When receiving this payment, La Clusaz Tour considers that the customer agrees to the terms, conditions, services and prices of his stay. He shall not claim to be mistaken since he has captured the information himself.
 
The prices appearing on the website can be modified at any time, without previous notice. These modifications cannot be applied to bookings which availability has been confirmed by La Clusaz Tour. Our prices do not include supplements (pets, sheet hire for accommodation renting, to be paid directly to the service provider on arrival). In case the price may include any of supplements other than accommodation rental, it will be indicated in the description of the accommodation.
 
The price is calculated according to a precise number of persons. If the number of persons is lower than the number provided in the contract, the price remains the same. On the other hand if the number is higher the price is revised upwards as a result of the increase of fixed and variable service charges.
 
  1. Booking
 
You may book your holidays whether on the website or through the call center at 0033 450 32 38 33 or by e-mail at reservation@laclusaz.com
 
It is reserved for the users who have been informed and accept the integrality of General Sales Conditions and Particular Conditions of Tourist Holiday Selling including the procedure of booking and sales. 
 
The buyer accepts the integrality of General Sales Conditions and Particular Conditions of Tourist Holiday Selling with an electronic signature by ticking in the box and transmitting the personal and bank details. On the express agreement this signature has the same value as the manuscript signature between the parties. The demand will not be finalized without an electronic signature of the buyer. For all the sales throughout the call center or by e-mail the buyer accepts expressly the General Sales Conditions which can be found on the website.
 
In this respect it is on the buyer’s responsibility to make sure that the personal and bank details that he has transmitted during the booking are correct and that they will allow him/her to receive the confirmation of the booking. If the buyer would not receive this confirmation, it falls to the buyer to contact La Clusaz Tour.
 
Under no circumstances La Clusaz Tour will be considered responsible in case the buyer does not receive a confirmation of his demand due to the error occurred by data acquisition.
 
The accommodation or service providers confirm the bookings made on the website according to their availability, those bookings can be refused in case of unavailability or circumstances that could threaten your safety or be detrimental to the quality of the service offered.
 
The services are available in small quantity and are handled real-time. We insist on the fact that the services offered at a certain price may become unavailable if several users connected at the same time on the website are interested in the same service. The first user that books it shall have priority.
If La Clusaz Tour cannot confirm a booking because the service is not available, we shall inform the customer by email or by post mail within the 72 hours following the booking and any amount of money paid by the customer shall be returned immediately, unless the customer chooses another service equivalent in quality according to our availabilities.
 
The booking contract is concluded between 2 parties. Any modifications concerning the buyer should be transmitted to the seller by registered letter with acknowledgement of receipt latest 7 days before the beginning of the holidays. La Clusaz Tour reserves the right to demand the buyer to cover any indemnities caused by the changes of the buyer.
 
Any holidays with pets must be indicated to La Clusaz Tour when booking. If you don't respect the « no pets » clause, La Clusaz Tour as well as the owner shall reserve the right to break the contract or to increase the price.
 
Any booking on the website www.laclusaz-tour.com or via our call centre or by email shall be accompanied by a down payment of 30% of the total cost of your booking plus a booking fee of 12€/ booking.
 
The balance shall be paid 30 days before arrival at the latest, unless a special clause is mentioned in the contract. La Clusaz Tour shall send a reminder for balance payment. In case of no balance payment within 72 hours after the notice of La Clusaz Tour, any booking with unsettled balance will be considered by La Clusaz Tour as cancelled by the customer. The down payment will be kept by La Clusaz Tour and the balance payment will be claimed by all legal means.
 
In case the booking occurs less than 30 days before arrival, the total cost shall be paid when booking.
 
In case of last-minute booking (less than 7 days before the date of arrival), credit card shall be the only way of payment accepted.
 
Any late payment shall automatically and unilaterally lead to the cancellation of the booking. The previously booked options shall then be sold again by La Clusaz Tour to any other client and the down payment shall be kept as compensation.
 
  1. Payment conditions
 
The bookings (down payment and balance) are directly made online by credit card (Visa or Mastercard). You will be asked for the 16 digits and the expiration date of your credit card as well as the 3 last digits appearing at the back of your card (Paybox secure payment by Laydernier Bank).
 
The Credit Cards Central Network's agreement and the effective debit of your bank account make your booking effective. In case of refusal from the Credit Cards Central Network, La Clusaz Tour shall reserve the right to cancel the booking.
Sometimes the down payment or the balance by credit card is refused due to expenses limit. Please contact your bank for further information.
 
In case of payment by cheque (only cheques issued from a French bank will be accepted), please do indicate your contract number at the back of your cheque. Please send the cheque (payable to La Clusaz Tour) or your French Holiday Vouchers to:
LA CLUSAZ TOUR, 161 place de l'église, BP 7, 74220 LA CLUSAZ
La Clusaz Tour disclaims all responsibility in case the French Holiday Vouchers are not sent by registered letter.
 
You can also do a transfer payment. In order to ask for our bank account details or our IBAN if you live abroad, please call us on 00450 32 38 33 or send us an email at reservation@laclusaz.com. The booking will be effective, according to our availabilities, upon the reception of the down payment or the total amount of booking.
 
For any type of payment, La Clusaz Tour reserves the right to ask the customer a copy of his/her ID card, his/her phone number and the hours when it is possible to call him/her as well as the name and address of the bank that manages his/her credit card or bank account.
 
In case the payment is not made before due dates, the contract can be cancelled by La Clusaz Tour, and the customer shall not be able to claim any refund of the prepaid sums nor any damages.
 
  1. Modification or cancellation
 
  1. Total or partial cancellation or modification of the booking on the customer's initiative
 
  1. Modification on the customer’s initiative
 
The customer can modify his/her file by adding complementary services from his/her account on the website www.laclusaz-tour.com, in the section “My account”. The adding modifications shall induce an amendment to the initial contract, indicating the complementary amount that will be due.
 
Any modification of your holiday dates or accommodation and/or additional services/activities asked by the customer constitutes a cancellation of the initial booking (with application of the cancellation fees described in 5.1) and implies the creation of a new booking according to the conditions described above.
 
The requests for booking modifications shall be sent by mail or by email to La Clusaz Tour. As a result of the acceptance of the modifications, La Clusaz Tour shall send you a new contract (any correction made by the customer directly on the contract sent by La Clusaz Tour will be refused).
 
  1. Total or partial cancellation on the customer’s initiative
 
Any cancellation on the customer's initiative shall be notified to La Clusaz Tour by registered letter with acknowledgement of receipt or by email with acknowledgement of receipt at reservation@laclusaz.com. The deductions below take effect from the mail's dispatch date. La Clusaz Tour shall refund the prepaid sums, except for the booking and insurance fees that are always kept by La Clusaz Tour, after deducting the amounts kept as penalties, according to the following scale:
 
For self-catered apartments :
 
  • more than 60 days before arrival : 30% of the total booking amount
  • between 60 and 46 days before arrival : 50% of the total booking amount
  • between 45 and 31 days before arrival : 80% of the total booking amount
  • less than 31 days before arrival or in case of no-show : 100% of the total booking amount.
 
For tourism residences:
 
  • more than 15 days before arrival : 25% of the total booking amount
  • between 15 and 3 days before arrival : 75% of the total booking amount
  • between 3 days before arrival or in case of no-show : 100% of the total booking amount.
 
For hotels:
 
  • more than 15 days before arrival : 30% of the total booking amount
  • between 15 and 2 days before arrival : 50% of the total booking amount
  • less than 2 days before arrival or in case of no-show : 75% of the total booking amount.
 
 
ATTENTION: specific conditions for  apartments "La Ferme des Lombardes"
  • more than 60 days before arrival : 30% of the total booking amount
  • between 60 and 42 days before arrival : 50% of the total booking amount
  • less than 42 days before arrival or in case of no-show : 100% of the total booking amount.

 
By no means can these amounts be used for another booking.
 
Thus we highly recommend you to contract the Cancellation Insurance we offer, it will allow you to receive compensation in case of cancellation (you are not always refunded by the Insurance so we highly recommend you to read the Cancellation Insurance's refunding conditions).
Any cancellation of service/activity shall be subjected to the aforementioned scale of cancellation fees.
 
  1. Modification or cancellation on a service provider's  initiative:
 
5.2.1 Modification before departure
 
If external circumstances compel us to do so, La Clusaz Tour could be forced to modify or cancel your booking.
 
In case of an essential modification or cancellation of the booking by La Clusaz Tour, the customer shall whether put an end to his/her booking and then claim for a refund, or agree the modification offered by signing an amendment to the contract. This must be made within 7 days after being informed by post mail or by e-mail. In the absence of answer within this deadline, the customer shall be considered as refusing the modification.
 
In case the cancellation is La Clusaz Tour's initiative, you shall get an immediate refund of the total sum paid, but the cancellation shall never give rise to damages.
 
5.2.2 Modification after departure
 
After departure of the buyer in case of disability to execute one of the planed services according to the article L.211-5 from the Tourism Law, La Clusaz Tour will offer to the buyer the services that cannot be supplied taking in charge supplement of the eventual price (C. tourism, art. L. 211-215 and R.211-11).
 
The buyer may either accept the modification, either terminate the contract. In case the buyer would like to terminate the contract, he/she would need to justify “valid causes” in order to refuse the services proposed by La Clusaz Tour as the replacement.
 
5.2.3 Cancellation for insufficient number of participants
 
If a certain number of participants is needed in order to carry out the holiday or service and that the number has not been reached, the holiday or service will be cancelled and the buyer will be informed latest 15 days before the start date of holiday or service concerned.
 
  1. Right of cancellation:
 
The withdrawal period concerning on-line selling does not apply to touristic services (article L121-20-4 from the Code of Consumption). Thus in accordance with the legal measures, no refund claim further to on-line selling shall be taken into account once the booking is confirmed.
 
  1. Breaking-off of your holidays:
 
Neither refund nor discount shall be granted in case of late arrival or early departure.
 
  1. Cancellation Insurance/ Ski Insurance:
 
La Clusaz Tour offers you a Cancellation Insurance from Chapka Assurances that covers the cancellation and interruption of your holidays, civil liability, and damages to goods in your holiday residence. Insurance's coverage and exclusion clauses are depicted in the policy descriptive. The cost of this insurance represents 4% of the rental value. This value is mentioned in the booking contract. The hereby insurance can be subscribed only when the booking file is created and covers only the services booked by the client at that date. The claim for refund shall be addressed to the insurance company within the deadline mentioned in the policy. It must be sent together with the compulsory documents asked by the insurance company.
 
You may also subscribe for a Ski Insurance Aravis Security especially made for rescue on the slopes (not valid in off-piste). Refund guaranteed: medical expenses, ski lift passes, ski lessons. Full cover: evacuation and search expenses.
 
  1. Packages:
 
Ski passes, activities or the various products offered by La Clusaz Tour can be ordered at the same time as the accommodation. The number of complementary services (eg. ski passes) shall not exceed the number of persons staying in the accommodation.
 
For any modification or cancellation of the booked packaged products, please see paragraph 5.
 
 
  1. Linen/towels rental:
 
You can rent all linen and rowels with la Clusaz Tour.
For all linen and / or towel rent with the “Pressing des Aravis”, the client has to pick up and bring at this same place located on the church square, in the center of La Clusaz. The opening hours are noted in the contract. In case of arrival outside these opening hours, the client must contact the “Pressing des Aravis” to agree on an arrangement. The client cannot claim compensation if the laundry is not notified in advance of arrival outside the opening hours.
 
An inventory list will be included in each packet and must be completed and returned with the linen. In case of bad restitution, a penalty will be charged.
 
The customer has the possibility to cancel the linen and / or towel booking, at the latest 10 days before arrival.
 
If you have to pick up them at the estate agency, you have to bring them at this same place (noted in the contract).
 
 
  1. Local Tourist Tax:
 
The local tourist tax is not included in the prices indicated by La Clusaz Tour, it shall be paid upon arrival to the owner. It is free for children under 18.
 
  1. Deposit:
 
Each apartment or chalet rental will require a deposit payment upon your arrival. The deposit amount may vary according to the type of accommodation and according to the owner. The amount of the deposit is mentioned on the offer or the booking form.
 
  1. Liability:
 
La Clusaz Tour cannot be blamed for unforeseeable circumstances or force majeure or events caused by a third party. However, even in case of those 3 possibilities, La Clusaz Tour shall strive for finding appropriate solutions in order to overcome the difficulties encountered.
The pictures illustrating the services are not contractual.
Any specific requests from the customer will be transferred to the accommodation provider but are not contractual.
Building works: it is possible that unexpected building works are undertaken close to clients’ accommodation. La Clusaz Tour refuses all liability in respect of nuisance caused and has no influence over the carrying out of works. The client cannot claim any damages in this respect.

 
  1. Complaints / litigation:
 
In case of complaint or difficulty encountered during your stay, you have the obligation to notify it immediately to the service provider on the spot, so that a solution can be quickly found.
 
Any complaint, disputation or litigation concerning your holidays shall be written and sent to La Clusaz Tour by registered letter with acknowledgement of receipt, at the latest 15 days after you leave. Any complaint made after this deadline shall not be taken into account.
 
The organizer's answer to the complaint will vary according to the investigation that will be lead with the service providers.
 
La Clusaz Tour shall not have any control over the mediation between the tenant and the owner concerning all the details that are not linked to the sales of holidays and shall not commit itself on inventories and statements of state of repair, cleanings and deposit policy.
 
  1. Linguistic divergences
 
In case of divergences occurred on the translated version of the General Sales