SPECIFIC CONDITIONS OF SALE
These Specific Conditions of Sale apply to all the provisions of services concluded by SARL MAGNIFIC ESCAPADES, a limited liability company with a capital of 10,000 Euros with registered head office at 1, Rue Saint Sébastien, F-67210 BERNARDSWILLER, entered in the Commercial and Company Register of SAVERNE under number 797 877 958, and engaged in the following services:
- Organization of tourist excursions, as package and made-to-measure, of one day, involving the discovery of the Wine Route, the cultural heritage of Alsace and the adjacent regions, and of local cuisine;
- Organization of tourist stays of several days based around the world of wine and viniculture, culture, and cuisine, in Alsace and in the adjacent wine-growing regions;
- French and foreign tourists, individuals or in groups;
- Individuals from Alsace, in search of ideas of an original and unexpected nature;
- Companies in the locality and in other regions, enterprise committees, and companies engaged in organizing events, within the framework of the organization of seminars, invitations to foreign clients, etc.
These Specific Conditions of Sale are systematically provided to every Client who in fact requests them, in order to allow them to place orders with the Service Providers. They are likewise displayed on the MAGNIFIC ESCAPADES Internet site.
Their purpose is to inform the client, prior to registration, of the content of travel, stays and excursions, prices and means of payment, and conditions for cancellation and change to the contract. The MAGNIFIC ESCAPADES Conditions of Sale are valid as from 1 November 2013. Your contract is governed by the conditions of sale in force on the day of placement of your order.
These present Specific Conditions of Sale apply to all the services in the MAGNIFIC ESCAPADES range. The purchase of programmes or of stays implies that the Client shall abide in full by the general and specific conditions of sale, and irrevocably accepts the whole of their provisions.
The information provided on the Internet site is not of a contractual status. The prices may be subject to minor fluctuations throughout the year. The photos presented on the site are not of a contractual nature, and are used by way of illustration.
The sales of services are not deemed complete and finalised until after the conducting of the following formalities:
- Preparation of an estimate, citing a date of validity, and acceptance of this by the Client;
- Signing by the Client of an order form and acceptance by the Providers, embodied by an acknowledgement of receipt;
- Remittance of the payment on account.
For one-day excursions, registration by the Client is deemed to constitute acceptance of the description of the services provided by MAGNIFIC ESCAPADES. No prior estimate will be provided.
Registration for one of our trips, stays, or excursions implies abiding by the conditions set forth hereinafter, of which the participant acknowledges having taken due note.
In order to be considered as definitive, every registration must be accompanied by a remittance of a payment on account of 50% of the total amount of the travel item involved, by cheque sent by post or by bank transfer, mandatorily accompanied by the estimate which we have provided and the order form signed by the Client. The settlement of the balance is to be provided at the latest 30 days before departure. In view of the fact that services must be reserved at the place of performance of the travel item in order to guarantee the satisfactory performance of the contract, any balance not settled before the 30th day prior to departure will incur discharge from liability on our part. A Client who has not paid the balance by the agreed date shall be deemed to have cancelled the travel item, and shall therefore incur the cancellation fee which was notified at the time of registration. In cases of registration made less than a month before departure, payment in full shall be due at the time of registration.
Regarding 1 day or 1/2 day tours:
In order to be considered as definitive, every registration must be accompanied by payment of the whole amount of the excursion, by cheque sent by post or by bank transfer.
Regarding company seminars and events:
- Down-payment of 50% of quotation amount on booking day
- Second down-payment of 30% of quotation amount 30 days prior to the beginning of the event
- Remaining amount payable at reception of invoice after the event.
2. TARIFFS AND PRICE REVIEWS
The descriptions of the travel items in our catalogues specify, for each type of travel item, the stay and the services which are included in the price. The all-inclusive nature of our prices exclusively includes the whole of the services described in the programmes. Our prices are shown in Euros per person. Unless expressly indicated, the following are never included in the price: Insurance, optional excursions, and “extras” to be paid locally, as well as tips or personal gratuities.
Our prices must be confirmed by MAGNIFIC ESCAPADES at the time of registration.
With the signing of the registration form, the price becomes fixed and definitive. In accordance with the law, however, we may find ourselves obliged to amend our prices and our programmes in order to take account solely of the costs of transport, associated in particular with fuel prices. MAGNIFIC ESCAPADES will make every effort to inform the Client of this immediately.
3. TRANSPORT – AIR AND RAIL SERVICES
MAGNIFIC ESCAPADES is a dedicated travel agency which specialises in catering for Clients who expect a quality service. As a dedicated agency, we are not in a position to provide air or rail tickets. In return, with a commitment to provide quality of service, we shall facilitate your purchase of travel tickets by putting you in touch with airlines or railway companies.
4. SERVICES ON LAND
MAGNIFIC ESCAPADES sells services which are provided on land. Services which are reserved and not used shall not give rise to any reimbursement. Services which are voluntarily altered locally are subject to the conditions of our providers. Supplementary replacement services shall incur a surcharge, which must be settled directly and shall not under any circumstances incur the liability of MAGNIFIC ESCAPADES.
With regard to international hotel accommodation, the applicable rulings require that Clients take possession of the rooms as from 14.00 hours, whatever the time of arrival, and vacate them before 12.00 whatever the time of departure.
The food provided is indicated in the programmes.
7. CHANGES ATTRIBUTABLE TO MAGNIFIC ESCAPADES
MAGNIFIC ESCAPADES guarantee the satisfactory performance of the services which have been ordered. However, the schedules and itineraries indicated in the programmes may be changed as a result of circumstances beyond the control of MAGNIFIC ESCAPADES, or changes may be imposed due to decisions taken by the service providers in the light of religious or civil festivals, strikes, demonstrations, or other major events. With a constant concern to make improvements, and depending on compelling local circumstances, MAGNIFIC ESCAPADES reserve the right to change the order of visits.
8. CHANGES ATTRIBUTABLE TO THE CLIENT
As far as possible, MAGNIFIC ESCAPADES will try to satisfy requests made for changes, at the latest one month before departure. If these requests for changes relate to extensions of stay, an increase in the number of persons, or the purchase of additional services, only the price of these changes shall be invoiced as extras. In all other cases, 30 Euros as an additional handling charge per person will be invoiced.
9. ASSIGNMENT OF CONTRACT
In accordance with Article R.211-7 of the Tourism Code, as shown in the General Conditions of Sale, the Client is entitled to assign the contract. The party making the assignment must mandatorily inform MAGNIFIC ESCAPADES of this at the latest 7 days before the date of departure, by registered letter with acknowledgement of receipt, specifying the name and address of the assignee, and attesting that this person fulfils the same conditions as he or she does with regard to undertaking the travel item. Such assignment shall incur the following charges to be met by the assignor:
- Up to 30 days before departure: 23 Euros per person
- From 29 to 15 days before departure: 46 Euros per person
- From 14 to 7 days before departure: 153 Euros per person
- Under certain circumstances, and with justification given, the charge for assignment may be increased.
10. CONDITIONS AND COSTS OF CANCELLATION
By MAGNIFIC ESCAPADES
We reserve the right to cancel a travel item in the event of there being an insufficient number of participants, at the latest 21 days before departure (two days for one-day excursions). The sums paid will be reimbursed in full. The Client shall not be entitled to claim any indemnity.
By the Client
In the event of the Client being obliged to cancel the travel item, he or she must inform MAGNIFIC ESCAPADES by registered letter with acknowledgment of receipt as soon as possible. The date of acknowledgement of receipt shall be taken as the date of cancellation for the invoicing of the cancellation charges:
- More than 45 days before departure, 5% of the total amount of the travel item,
- From 45 to 31 days before departure, 15% of the total amount of the travel item,
- From 30 to 21 days before departure, 35% of the total amount of the travel item,
- From 20 to 8 days before departure, 75% of the total amount of the travel item,
- From 7 to 3 days before departure, 100% of the total amount of the travel item,
- Less than 2 days, or no-show, 100% of the total amount of the travel item.
Regarding 1 day or 1/2 day tours:
If the Client is obliged to cancel an excursion, he or she must inform MAGNIFIC ESCAPADES by registered letter with acknowledgement of receipt or by E-mail. The date of acknowledgement of receipt shall be taken as the date of cancellation for the invoicing of the cancellation charges:
- More than 7 days before the date of the tour, 50% of the total amount of the tour,
- Less than 7 days before the date of the tour, 100% of the total amount of the tour.
Regarding company seminars and events:
- less than 12 weeks prior to the start of the seminar or event: 50 % of total amount
- less than 10 weeks prior to the start of the seminar or event: 60 % of total amount
- less than 6 weeks prior to the start of the seminar or event: 80 % of total amount
- less than 10 days prior to the start of the seminar or event: 100 % of total amount
MAGNIFIC ESCAPADES acts as an intermediary between a number of service providers, and shall not incur any liability in their place. Any unforeseeable situations, in particular natural disasters, riots, strikes, etc. or reasons associated with the safety or security of the Client and/or resulting from instructions issued by an administrative authority may incur the cancellation of a departure at any time, or the changing or intervention in the progress of the travel item. In such cases, MAGNIFIC ESCAPADES cannot be held liable, and no indemnity may be claimed.
For all types of travel items, we reserve the possibility, if the need arises:
- To convey travellers by train, taxi, or scheduled bus;
- To change the order of excursions;
- To substitute one means of transport by another;
- To substitute a hotel by an establishment of equivalent category.
The charges incurred by these circumstances shall not under any circumstances give rise to compensation.
MAGNIFIC ESCAPADES likewise reserve the right to change the planned dates, schedules, or itineraries if they deem that the safety or security of the traveller cannot be ensured, without the traveller being entitled to claim any indemnity whatsoever.
The Client is obliged not to put any items of value or fragile items in baggage, such as jewels or medications. For journeys by coach or during excursions or transfers, Clients must never leave baggage, objects, or items of clothing inside coaches (apart from in baggage compartments provided for that purpose) or in vehicles during stops. MAGNIFIC ESCAPADES cannot under any circumstances be held liable for thefts, damage, or loss of baggage, objects, or clothing during the travel item.
13. AFTER-SALES SERVICE
Any complaints due to non-performance or poor performance of the travel contract must be made known locally to the service provider, or to the service provider concerned, or to MAGNIFIC ESCAPADES, explaining the complaint, within 24 hours. If you have not been able to obtain satisfaction, we would be grateful if you could send your complaint by registered letter with acknowledgement of receipt, accompanied by all the items in support of your complaint, within a period of 15 days after your return. The time taken for our enquiries among the service providers will determine the time taken for a response.
Unless expressly stated otherwise, no insurance is included in the prices indicated for the travel items, stays, or excursions. Clients are therefore recommended to conclude an insurance contract covering the consequences of certain instances of cancellation, and an insurance contract covering certain specific risks, in particular the costs of repatriation in the event of accident or illness.
15. MISCELLANEOUS PROVISIONS
MAGNIFIC ESCAPADES reserve the right to refuse access to excursions, and in particular to the transport vehicle, to any Client who is under the influence of alcohol or drugs, or who is behaving in a manner which is dangerous to himself or to others, on the actual day of the excursion, without indemnity. Parents are responsible for minor children who consume alcohol on excursions, in particular with regard to the imbibing of wine.
In the event of damage or disorder caused by the Client to the transport vehicle, a lump-sum indemnity of 75 Euros will be demanded from the Client immediately, on pain of refusal by MAGNIFIC ESCAPADES to grant access to the vehicle and the pursuit of the excursion by the Client concerned.
MAGNIFIC ESCAPADES draw attention to the fact that, in accordance with Article 1384, Para. 4 of the Civil Code, parents are, by exercise of their parental authority, jointly and severally liable for damage caused by their minor children living with them, and shall therefore be held financially liable for the repair of damage caused by their minor children.
16. LANGUAGE OF CONTRACT – APPLICABLE LAW
By express agreement between the parties, these present Specific Conditions of Sale and the transactions of purchase and sale deriving therefrom are governed by French law. They are drawn up in the French language. In the event of them being translated into one or more languages, only the French text shall be taken as authentic in the event of dispute or litigation.
17. ACCEPTANCE BY THE CLIENT
These present Specific Conditions of Sale are expressly agreed to and accepted by the Client, who declares and acknowledges that he or she is fully aware of them, and thereby renounces the assertion of priority of any other document which runs counter thereto.