ARTICLE 1: THE TOURIST OFFICE
The EPIC/Office de Tourisme de Luxeuil-les-Bains, a local tourist organisation, authorised by prefectoral decree n°AU 070030001, within the framework of the law of 13th July 1992, can ensure the reservation and sale of all types of services, leisure activities and reception of general interest in its geographical area of intervention of the communes of the department (70) which collect the tourist tax and possibly those which participate in the financing of tourist development programmes, in accordance with its missions. It facilitates public access by offering a choice of services. Under no circumstances will the EPIC Office de Tourisme de Luxeuil-les-Bains be held liable if contracts signed with service providers are used by third parties or for purposes other than tourism.
ARTICLE 2: DURATION OF THE SERVICE
The customer who signs this contract concluded for a fixed period may not, under any circumstances, claim any right to remain in the premises at the end of the service.
ARTICLE 3: RESPONSIBILITY
The EPIC/Office de Tourisme de Luxeuil-les-Bains, which offers services to a customer, is the sole interlocutor of this customer and is answerable to him/her for the execution of the obligations arising from the present conditions of sale. The EPIC/Office de Tourisme de Luxeuil-les-Bains cannot be held responsible for fortuitous events, cases of force majeure or the actions of any person not involved in the organisation and running of the service.
ARTICLE 4: RESERVATION
The reservation becomes firm when a deposit of 30% of the total price and a copy of this rental contract, signed by the customer, have been returned to the EPIC/Office de Tourisme de Luxeuil-les-Bains before the deadline indicated on the contract. The second copy must be kept by the customer. The contract concluded between the parties may under no circumstances be passed on, even partially, to third parties, whether natural persons or legal entities, without the written agreement of the Office de Tourisme de Luxeuil-les-Bains. The customer formally undertakes to pay EPIC/Office de Tourisme de Luxeuil-les-Bains, on presentation of an invoice, the balance of the agreed service still due, at the latest 30 days before arrival. For a contract concluded between the 29th day before the customer's arrival and the day of arrival, the entire stay will be due. Payment must be made by bank or postal cheque or by cheque payable to the Trésor Public. Customers who fail to comply with these conditions will be deemed to have cancelled their stay unless prior agreement has been reached.
ARTICLE 5: PAYMENT OF THE BALANCE
The customer formally undertakes to pay the EPIC/Office de Tourisme de Luxeuil-les-Bains, on presentation of an invoice, the balance of the agreed service still due, 30 days before the start of the service. Customers who have not paid the balance by the agreed date are deemed to have cancelled their stay. The service will then be offered for sale again and no refund will be made. Payment must be made by bank or postal cheque, or by holiday cheque made payable to the Trésor Public.
ARTICLE 6: LATE REGISTRATIONS
In the event of registration less than 30 days before the start of the service, full payment will be required at the time of reservation.
ARTICLE 7: EXCHANGE VOUCHER
On receipt of the accommodation fees, the EPIC/Office de Tourisme de Luxeuil-les-Bains will send the customer an exchange voucher, which the customer must return to the service provider on arrival.
ARTICLE 8: ARRIVAL
The customer must arrive on the specified day and at the times indicated on this contract. If this is not possible, the customer undertakes to inform the EPIC/Office de Tourisme de Luxeuil-les-Bains. In the event of a late arrival or a last-minute impediment, the customer must inform the service provider, whose address and telephone number appear on the voucher or description sheet.
ARTICLE 9: CANCELLATION BY THE CUSTOMER
All cancellations must be notified by registered letter with acknowledgement of receipt to the EPIC/Office de Tourisme de Luxeuil-les-Bains. The cancellation date recorded will be used to determine the amount of fees withheld according to the following terms and conditions:
Cancellation more than 30 days before the start of the service, a penalty of 15 euros per booking will be deducted.
Cancellation between the 30th and 21st day inclusive before the start of the service, 25% of the total cost of the booking will be retained,
Cancellation between the 20th and 8th day inclusive before the start of the service, 50% of the total cost of the booking will be retained,
Cancellation less than 7 days before the start of the service, the entire booking will be retained.
If the customer does not show up within 24 hours of the arrival date indicated on the contract, the present contract becomes null and void and the Tourist Office may dispose of the accommodation. Any outstanding balance must be paid by the customer within 8 days. If the stay is cut short, the price of the stay remains the property of the Tourist Office. No refund will be made.
ARTICLE 10: MODIFICATION BY EPIC/OFFICE DE TOURISME DE LUXEUIL-LES-BAINS OF AN ESSENTIAL ELEMENT OF THE CONTRACT
In the event that the EPIC/Office de Tourisme de Luxeuil-les-Bains is obliged to modify one of the essential elements of the contract prior to the scheduled start date of the service, the purchaser may, without prejudice to any claims for damages, and after having been informed by the vendor, by registered letter with acknowledgement of receipt :
cancel the contract and obtain immediate reimbursement of the sums paid, without penalty,
or accept the modification or substitution of service locations proposed by the vendor: an amendment to the contract specifying the modifications made is then signed by the parties.
Any price reduction will be deducted from any sums still owed by the purchaser and, if the payment already made by the latter exceeds the price of the modified service, the excess amount will be returned to the customer before the start of the service.
ARTICLE 11: CANCELLATION BY EPIC/OFFICE DE TOURISME
In the event that the EPIC/Office de Tourisme de Luxeuil-les-Bains cancels the service before the start of the event, it must inform the purchaser by registered letter with acknowledgement of receipt. The customer will be reimbursed immediately and without any penalty that he would have had to bear if the cancellation had been made by him on that date, except when the cancellation is imposed by circumstances of force majeure or by the safety of the participants. These provisions do not apply when an amicable agreement has been reached for the customer to accept a substitute service offered by the EPIC/Office de Tourisme de Luxeuil-les-Bains.
ARTICLE 12: FAILURE OF THE EPIC/Office de Tourisme de Luxeuil-les-Bains TO PROVIDE THE SERVICES PROVIDED FOR IN THE CONTRACT DURING THE PERFORMANCE OF THE CONTRACT
If, during the course of the service, the EPIC/Office de Tourisme de Luxeuil-les-Bains is unable to provide a major part of the services provided for in the contract, representing a significant percentage of the price paid by the purchaser, the EPIC/Office de Tourisme de Luxeuil-les-Bains will, without prejudice to any claims for compensation for damage suffered, offer a replacement service and bear any additional costs. If the service accepted by the customer is of inferior quality, EPIC/Office de Tourisme de Luxeuil-les-Bains will reimburse the difference in price. If the EPIC/Office de Tourisme de Luxeuil-les-Bains is unable to offer a replacement service, or if the purchaser refuses the replacement service for valid reasons, the former will pay the latter compensation calculated on the same basis as in the event of cancellation by the EPIC/Office de Tourisme de Luxeuil-les-Bains.
ARTICLE 13: INTERRUPTION OF SERVICE
In the event of interruption of the service by the customer, no reimbursement will be made unless the reason for interruption is covered by the customer's cancellation insurance.
ARTICLE 14: CAPACITY
The present contract is drawn up for a specific number of people. If the number of holidaymakers exceeds the capacity provided for by the service, the service provider may refuse the additional customers, break the service contract (in the latter case, the price of the service remains the property of the EPIC/Office de Tourisme de Luxeuil-les-Bains) or request a supplement for the number of holidaymakers present, depending on the capacity of the service.
ARTICLE 15: TRANSFER OF CONTRACT BY THE CUSTOMER
The purchaser may assign his contract to a transferee who fulfils the same conditions as he does to provide the service. In this case, the purchaser must inform EPIC/Office de Tourisme de Luxeuil-les-Bains of his decision by registered letter with acknowledgement of receipt at least 7 days before the start of the service. The contract must be transferred at cost price. The assignor and the assignee are jointly and severally liable to the vendor for payment of the balance of the price, as well as any additional costs incurred as a result of the assignment.
ARTICLE 16: INSURANCE
The customer is responsible for all damage caused by himself. He is invited to take out a holiday-type insurance policy to cover these various risks. The EPIC/Office de Tourisme de Luxeuil-les-Bains has taken out civil liability insurance with AXA ASSURANCES - Monsieur LAMBOLEY Olivier -
52 rue Jules Jeanneney - 70300 LUXEUIL-LES-BAINS.
ARTICLE 17: INVENTORY OF FIXTURES FOR SEASONAL RENTALS
For rentals, an inventory is drawn up jointly by the tenant and the owner or his representative on arrival and departure of the furnished accommodation or gîte. This inventory is the only reference in the event of a dispute concerning the inventory of fixtures. The state of cleanliness of the furnished accommodation or gîte, on the tenant's arrival, must be noted in the inventory of fixtures. Cleaning of the premises is the responsibility of the holidaymaker during the rental period and before departure.
ARTICLE 18: SECURITY DEPOSIT
On the customer's arrival at a rental property, a security deposit, the amount of which is indicated on the description sheet, is requested by the service provider. After a joint inventory of fixtures has been drawn up at the end of the rental period, this deposit is returned, less the cost of restoring the premises if any damage has been noted. In the event of early departure (before the times mentioned on the description sheet) preventing the inventory of fixtures from being drawn up on the day of the tenant's departure, the security deposit will be returned by the service provider within a period not exceeding one week.
ARTICLE 19: PAYMENT OF CHARGES
At the end of the stay, the customer must pay the supplier any charges not included in the price of the stay (e.g. tourist tax). The calculation is made on the basis of the calculation mentioned in the description sheet, and a supporting invoice is issued by the service provider.
ARTICLE 20: PRICES OF SERVICES
a) In hotels: Prices include room and breakfast, or half-board, or full-board. These prices, per person, are calculated on the basis of two people per room in a 2-star hotel. Unless otherwise indicated, they do not include: transport, drinks, personal expenses, cancellation and repatriation assistance insurance. Special children's rates: free for children aged 0 to 3 in their parents' room in certain hotels (list available from the Tourist Office), 50% discount for children aged 4 to 11 in their parents' room in certain hotels (list available from the Tourist Office). For groups (based on 20 people): prices per person are calculated on the basis of two people in a double room (one free per 20 people). Arrivals are from 4pm and departures before 10am, unless otherwise indicated.
b) Seasonal rental: Prices include seasonal rental. These prices, per person, excluding school vacations, are calculated on the basis of two people in the cheapest 1-star holiday rental and are degressive for additional accompanying persons. Unless otherwise indicated, they do not include: transport, drinks, personal expenses, liability insurance, meals, breakfasts, cancellation and repatriation assistance insurance. Arrivals are on Saturday from 4pm and departures on the following Saturday before 10am, unless otherwise indicated. c) Other services : Prices are calculated per person.
ARTICLE 21: CAMPSITES
Unless otherwise specified, campsites are booked by the week. Requests for electrical hook-up must be specified at the time of booking.
ARTICLE 22: OTHER SERVICES
Special conditions for other services are sent by EPIC/Office de Tourisme de Luxeuil-les-Bains with the proposal and description of the service. Insufficient numbers of participants may be a valid reason for cancellation of certain types of service. In this case, the EPIC/Office de Tourisme de Luxeuil-les-Bains will refund all sums paid. This eventuality cannot occur less than 21 days before the start of the service. Any dispute concerning the exclusive application of the present general terms and conditions will fall under the exclusive jurisdiction of the court in the county town of the EPIC/Office de Tourisme de Luxeuil-les-Bains. EPIC/Office de Tourisme de Luxeuil-les-Bains has taken out professional liability insurance with AXA Assurances n° 1957700404.
ARTICLE 23: PETS
The present contract specifies whether or not the customer may stay with a pet. Should the customer fail to comply with this clause, the owner of the accommodation may refuse to accept the animals.
ARTICLE 24: DISPUTES
Any complaint relating to a service must be submitted to the EPIC/Office de Tourisme de Luxeuil-les-Bains within three days of the start of the service. Any other complaint relating to a service must be addressed, as soon as possible, by letter, to the EPIC/Office de Tourisme de Luxeuil-les-Bains, which has sole authority to rule on disputes. In the event of persistent disagreement, disputes may be submitted to the quality department of the Fédération Nationale des Offices de Tourisme et Syndicats d'Initiative, which will endeavor to reach an amicable agreement. Any dispute arising from the application of the present terms and conditions shall fall within the exclusive jurisdiction of the court in the county town of the EPIC/Office de Tourisme de Luxeuil-les-Bains.
Prices: see conditions specific to each product. Packages do not include transport, personal expenses, insurance (cancellation, assistance, repatriation) and tourist tax. Cancellation insurance of 3% is recommended for all stays including an overnight stay. The booking fee is 1.50 euros per booking for afternoon or day packages and 8 euros for packages with overnight stay(s). Economic fluctuations may lead to changes in rates and services. Any service provider has the right to refuse or interrupt a service if the customer infringes the law. Any service requested in excess of the contract will be the subject of an invoice, payment for which will be required immediately. Appointments : They will be specified on each contract according to the products and arrival times.
AUTHORIZATION TO MARKET TOURISM PRODUCTS N° AU070030001 DATED JANUARY 21, 2003. PROFESSIONAL LIABILITY INSURANCE: AXA ASSURANCES 1957700404. APS FINANCIAL GUARANTEE