Article 19: Mandatory mentions – Tourism Code
Decree No. 2017-1871 of December 29, 2017 taken for the application of Ordinance No. 2017-1717 of December 20, 2017 transposing Directive (EU) 2015/2302 of the European Parliament and of the Council of November 25, 2015 on package travel and related travel services
1° Article R. 211-1 is replaced by the following provisions:
“Art. R. 211-1.-The regulatory provisions of Titles I and II are applicable to any natural or legal person who engages in the operations mentioned in Article L. 211-1, subject to the provisions of the second sentence of III, IV and V of that article and the provisions of Articles L. 211-7 and L. 211-17-3 relating to services sold under a general agreement concluded for the organization of business travel.
“The regulatory provisions of Titles I and II are not applicable to air and rail carriers issuing the tickets mentioned in 2° and 3° of V of Article L. 211-1, respectively.
“The operations for issuing the tickets provided for in the preceding paragraph must be carried out by the air or rail carriers directly or by means of their own automated equipment implemented under their responsibility.
“The issuance of transport tickets shall be carried out in accordance with the legislative and regulatory texts or international agreements specific to the organization of transport.”;
2° After Article R. 211-1, two Articles R. 211-1-1 and R. 211-1-2 as follows:
“Art. R. 211-1-1.-For the application of B of II and III of Article L. 211-2, the travel service whose value is at least 25% of the amount of the combination represents a significant part.
“Art. R. 211-1-2.-The form mentioned in I of Article L. 211-3 is set by joint order of the minister in charge of tourism and the minister in charge of the economy and finance.”
Art. R. 211-4.-Prior to the conclusion of the contract, the organizer or retailer must provide the traveler with the following information:
1° The main characteristics of the travel services:
a) The destination or destinations, itinerary and periods of stay, with the dates and, when accommodation is included, the number of overnight stays included;
b) The means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and place of stopovers and connections. When the exact time is not yet fixed, the organizer or retailer shall inform the traveler of the approximate time of departure and return;
c) The location, main characteristics and, if applicable, the tourist category of the accommodation under the rules of the country of destination;
d) The meals provided;
e) The tours, excursions or other services included in the total price agreed upon for the contract;
f) When not apparent from the context, whether any travel services will be provided to the traveler as part of a group and, if so, if possible, the approximate size of the group;
g) Where the benefit of other tourism services provided to the traveler relies on effective verbal communication, the language in which such services will be provided;
h) Information on whether the travel or vacation experience is generally suitable for persons with reduced mobility and, if requested by the traveler, specific information on the suitability of the travel or vacation experience for the needs of the traveler;
2° The company name and geographical address of the organizer and retailer, as well as their telephone and, if applicable, electronic contact details;
3° The total price including taxes and, if applicable, any additional fees, charges or other costs, or, when these cannot be reasonably calculated before the conclusion of the contract, an indication of the type of additional costs that the traveler may still have to bear;
4° The terms of payment, including the amount or percentage of the price to be paid as a deposit and the timetable for payment of the balance, or the financial guarantees to be paid or provided by the traveler
5° The minimum number of persons required for the trip or stay and the deadline referred to in III of Article L. 211-14 preceding the start of the trip or stay for possible cancellation of the contract in the event that this number is not reached;
6° General information concerning the applicable passport and visa requirements, including the approximate time required to obtain visas, as well as information on health formalities, of the country of destination ;
7° A statement indicating that the traveler may cancel the contract at any time before the start of the trip or stay, subject to payment of an appropriate cancellation fee or, where applicable, a standard cancellation fee claimed by the organizer or retailer, in accordance with I of Article L. 211-14
8° Information on compulsory or optional insurance covering the costs of termination of the contract by the traveler or on the cost of assistance, covering repatriation, in the event of accident, illness or death.
With respect to the packages defined in e of 2° A of II of Article L. 211-2, the organizer or retailer and the professional to whom the data are transmitted shall ensure that each of them provides, before the traveler is bound by a contract, the information listed in this article insofar as it is relevant to the travel services they offer. The form by which the information listed in this article is brought to the attention of the traveler is set by a joint order of the Minister of Tourism and the Minister of Economy and Finance. This order specifies the minimum information to be brought to the traveler’s attention when the contract is concluded by telephone.
Art. R. 211-5.-The information mentioned in 1°, 3°, 4°, 5° and 7° of Article R. 211-4 communicated to the traveler is part of the contract and may only be modified under the conditions defined in Article L. 211-9. Art. R. 211-6.-The contract must include, in addition to the information defined in article R. 211-4, the following information:
1° The particular requirements of the traveler that the organizer or the retailer has accepted;
2° A statement indicating that 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 and that they are obliged to provide assistance to the traveler in the event of difficulties, in accordance with article L. 211-17-1
3° The name of the entity in charge of insolvency protection and its contact information, including its geographical address;
4° The name, address, telephone number, e-mail address and, if applicable, fax number of the organizer’s or retailer’s local representative, a contact point or other service through which the traveler can quickly contact the organizer or retailer and communicate with him effectively, request assistance if the traveler is in difficulty or complain about any non-conformity noted during the execution of the trip or stay;
5° A statement indicating that the traveler is required to communicate any non-conformity that he/she notices during the execution of the trip or stay in accordance with II of Article L. 211-16;
6° When minors, unaccompanied by a parent or other authorized person, are traveling on the basis of a contract that includes accommodation, information allowing direct contact with the
minor or the person responsible for the minor at the minor’s place of stay;
7° Information on available internal complaint handling procedures and out-of-court dispute settlement mechanisms and, if applicable, the entity to which the professional belongs and the online dispute settlement platform provided for in Regulation (EU) No. 524/2013 of the European Parliament and of the Council;
8° Information on the traveler’s right to assign the contract to another traveler in accordance with Article L. 211-11.
With regard to the packages defined in e of 2° of A of II of Article L. 211-2, the professional to whom the data are transmitted informs the organizer or retailer of the conclusion of the contract giving rise to the creation of a package. The professional provides him with the information necessary to enable him to fulfil his obligations as an organiser. As soon as the organizer or retailer is informed of the creation of a package, he shall provide the traveler, on a durable medium, with the information mentioned in 1° to 8°.
Art. R. 211-7.-The traveler may assign his contract to an assignee who meets the same conditions as he does to carry out the trip or stay, as long as this contract has not produced any effect.
Unless stipulated more favorably to the assignor, the assignor is required to inform the organizer or retailer of his decision by any means that allows for an acknowledgement of receipt no later than seven days prior to the start of the trip. This transfer is not subject, under any circumstances, to prior authorization by the organizer or retailer.
Art. R. 211-8.-When the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it shall mention the precise methods of calculation, both upwards and downwards, of price variations, in particular the amount of transport costs and related taxes, the currency or currencies that may affect the price of the trip or stay, the portion of the price to which the variation applies, as well as the rate of the currency or currencies used as a reference when establishing the price appearing in the contract.
“In the event of a price reduction, the organizer or retailer shall have the right to deduct its actual administrative expenses from the refund due to the traveler. At the request of the traveler, the organizer or retailer shall provide proof of these administrative expenses.
“Art. R. 211-9.-When, prior to the traveler’s departure, the organizer or retailer is forced to make a change to one of the essential elements of the contract, if he cannot meet the specific requirements mentioned in 1° of article R. 211-6, or in the event of a price increase of more than 8%, he shall inform the traveler as soon as possible, in a clear, understandable and apparent manner, on a durable medium: 1° Of the proposed changes and, if applicable, of their repercussions on the price of the trip or stay;
2° Of the reasonable period of time within which the traveler must communicate to the organizer or retailer the decision he is making;
3° Of the consequences of the traveler’s failure to respond within the set period of time;
4° If applicable, of the other service proposed, as well as its price.
When the changes 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 traveler does not accept an alternative service, the organizer or retailer shall reimburse all payments made by or on behalf of the traveler as soon as possible and in any event no later than fourteen days after the contract is terminated, without prejudice to compensation pursuant to Article L. 211-17.
Art. R. 211-10.-The organizer or retailer shall make the refunds required under II and III of Article L. 211-14 or, under I of Article L. 211-14, shall refund all payments made by or on behalf of the traveler minus the appropriate resolution fees. Such refunds to the traveler shall be made as soon as possible and in any event no later than fourteen days after the contract is terminated. In the case provided for in III of Article L. 211-14, the additional compensation that the traveler is likely to receive is at least equal to the penalty that he would have borne if the cancellation had occurred on his own initiative on that date.
Art. R. 211-11.-The assistance due by the organizer or retailer pursuant to Article L. 211-17-1 consists in particular of:
1° Providing useful information on health services, local authorities and consular assistance;
2° Helping the traveler to make long-distance communications and find other travel services.
The organizer or retailer is 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 shall in no case exceed the actual costs incurred by the organizer or retailer.