Terms

Separateur

Conditions of sales

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

These general conditions will be submitted with your contract.
We bring in additional conditions due to the character of our holidays. These are the “particular conditions” of our agency detailed below. Any purchase of a stay constitutes acceptance of general and particular terms and conditions of sale.

Particular conditions

Any purchase of a tour implies acceptance of these conditions. We would draw your attention to the fact that your trip constitutes a package tour as understood by the regulations in force and as such that you are entitled to the rights specified in Article 11 of this document.

1. Inscription

To be regarded as validated, each inscription must be obligatorily accompanied by:

  • the payment of  30% of the total cost of the stay and the inscription file filled in and signed by the customer. The outstanding sum must be paid by, at the latest, 30 days before departure.
  • If a reservation is made less than 30 days before departure, the total cost must be paid upon reservation and the file inscription filled in and signed by the customer.

The non-payment of the outstanding cost involves the automatic cancellation of the inscription.

2.Cancellation

Any request for modification of service (s) emanating from the customer will be considered as a cancellation by the customer followed by a new registration and will result in the application of the fees provided below.

2.1. Individual  or group cancellation

Any cancellation or modification by the customer before the departure must be notified to Evazio by written cay, with acknowledgement of delivery.

In the event of cancellation (except if you find a substitute), cancellation’s fees will be retained:

  • Cancellation more than 45 days before departure: Fee of 50 € per person
  • Between 45 & 31 days before departure: 30 % of the total cost
  • Between 30 and 16 days before departure: 50 % of the total cost
  • Between 15 and 8 days before departure: 75 % of the total cost
  • Between 7 and the departure’s day (no show): 100 % of the total cost

Special cancellation conditions apply to travel with cruises, notwithstanding the above schedule. They will be described in the data sheets of these trips.

These expenses will be refunded to you (except insurance cost and overheads) by the “Cancellation” insurance in the event of justified cancellation, if you choose to subscribe it (see Insurance “Cancellation”).

A holiday which is interrupted, or any service not used, by the customer, for whatever reason, cannot be refunded.

If the stay is cancelled by our fact, either because the minimum number of participants is not reached (decision taken 15 days before the date), or in consequence of conditions endangering the safety of the participants, or by cause beyond control, it will be proposed to you in the majority of the cases one or more formulas of replacement or the full refunding of the paid sums.

No indemnity will be paid.

Warning: every outdoor activity is depending on meteorology conditions. During the stay, some activities may be cancelled because of bad meteorology conditions (The guide is only responsible for taking this decision). Every cancelled and not replaced activity will be full refunded. No indemnity will be paid.

2.2. Additional terms for group cancellation (6 people or more)

For any cancellation or modification by the customer at more than 45 days before departure. Cancellation’s fees are the following :

  • If cancellation up to 25% of the total number of people in the reservation, 50% of the deposit (minimum 50 pr person) will be retained by EVAZIO and this for each person who has been canceled.
  • If cancellation of 26% to 50% of the total number of people in the booking, 75% of the deposit will be retained by EVAZIO and this for each person who has been canceled.
  • If cancellation of more than 51% of the number of people in the reservation, the total amount of the deposit will be retained by EVAZIO and this for each person who has been canceled.

These cancellation fees will be refunded (excluding insurance cost and 50 euros per person) by the “Cancellation” insurance in case of justified cancellation, if you choose to subscribe (see Insurance “Cancellation”).

A holiday which is interrupted, or any service not used, by the customer, for whatever reason, cannot be refunded.

2.3. Cancellation by some participants and continuation of the trip for others. Shared services costs.
If one or more travelers of the same trip cancels their participation in a trip maintained for the other participants, it may be applied to the person(s) who cancels an additional cancellation fee below:
For shared services maintained for the participants in the trip (for example, shared room, transfer of persons or luggage): a 100% fee, regardless of the date of cancellation, will be charged to the participant(s) who cancels, based on the shared service cost of the trip.

These cancellation fees will be refunded (excluding insurance cost and 50 euros per person) by the “Cancellation” insurance in case of justified cancellation, if you choose to subscribe (see Insurance “Cancellation”).

3. Insurance policies

3.1. Repatriation Assistance

3.1.1. For the European Union resident ONLY

For your convenience, the “repatriation assistance” insurance is included in the overall price of your stay, with the exception of group or company travel offers subject to a prior quote, for which this insurance is optional.

Insurance Company : April International. Contrat 4091226 – Option 19.

The cost is only 0.85% of the total amount of the package tour (with a minimum of 3.90 €).

This policy includes the following guarantees:

  • Transport / Repatriation: Actual costs
  • Sending a doctor on site: Actual costs
  • Fixed on the spot: 46 € per day (Max 10 days)
  • Extended stay: 46 € per day (Max 10 days)
  • Return of accompanying persons: one way ticket
  • Medical expenses abroad (Franchise of 30 €)

Western Europe, Mediterranean Basin: 30490 €

Rest of world: 76225 €

  • Emergency dental care: 229 €
  • Repatriation of the body: Actual costs
  • Funeral expenses: 762 €
  • Early return: one way ticket
  • Search and rescue expenses: 762 €
  • Legal assistance abroad: 762 €
  • Advance of bail abroad: 7622 €

A copy of the General Conditions of Insurance will be given before registration, on request.

3.1.2 For not European Union resident ONLY

This Insurance is optionnal. The cost in depending of the duration and the age of the traveler.

  • From 35 to 42 euros for 8 days max.
  • From 65 to 78 euros for 15 days max.

Please ask us for any information.

If you do not subscribe our insurance, YOU MUST HAVE your own insurance.

3.2. Insurance “Cancellation” (Optional)

We subscribed near the Group April International a “Cancellation” insurance policy – Contrat 4091226 Option 16.

This insurance is optional. Its price is 3 % of the total cost of the stay (with a minimum of € 6).

This insurance covers the refunding of cancellation fees before departure (excluding the fee of 50 euros per person) to a maximum of 7623 € per person and maximum 38112 € per event, (deductible of 15 €) for the following justified reasons:

  1. Death, serious bodily injury, critical illness, hospitalization of the client or a family member defined by the contract, excluding relapses and aggravations
  2. Serious property damage to home or business premises.
  3. Economic redundancy of the client or his spouse
  4. Death, serious bodily injury, critical illness, hospitalization of the client or a family member defined by the contract, including relapses and aggravations
  5. Pregnancy status not known at the time of the contract and against indicating the nature of the reserved stay
  6. Medical pregnancy complications
  7. Hospitalization of more than 4 consecutive days caused by a mental illness
  8. Death, hospitalization > 48 hours of uncles, aunts, nephews and nieces
  9. Contraindications and vaccination follow-up
  10. Obtaining employment, occupational transfer
  11. Modification, suppression of paid holidays
  12. Call for a catch-up examination
  13. Administrative convocations
  14. Refusal of a tourist visa
  15. Theft from home or business premises
  16. Serious damage to the vehicle.
  17. Loss or theft of identity papers and / or tickets
  18. Accident or incident of public passenger transportation, excluding strike

This insurance also covers your luggage:

  • Valuables: 50% of the insured capital (Franchise of 30 € per file)
  • Theft, loss, destruction of luggage: 1524 €  / person.

A specimen (In French) will be given to you before your inscription on request

3.3. Insurance “Cancellation / Luggage” in the event of strike by the airline company’s personnel. (Optional)

if you wish to be insured in the event of strike by the airline company’s,  you can subscribe the « Perle Confort » policy near the Group APRIL International.

This insurance price is as follow :

Travel price per person  Insurance price

  • Up to 350 €                             18 €
  • From 351 to 700 €                 26 €
  • From 704 to 1200 €               37 €
  • From 1201 to 2000 €             52 €
  • From 2001 to 4000 €             62 €

4. Risks

Any excursion involves a risk, even minimal. Each participant assumes them in all knowledge, commits himself not making carry the responsibility for the accidents and incidents being able to occur within the normal framework of this activity, to Evazio and its subcontractors. This is also valid for having rights and members of the family.

Each participant must conform to the rules of prudence and follow the advice given by the guide. Evazio could not be held for responsible for the accidents resulting from imprudence from a member of the group.

Some of our stays are sold without guide. The fixed price includes a description of the route and a map. The not accompanied stays thus suppose a suitable knowledge of the map reading and orientation, in particular in mountain. Each participant must conform to the rules of prudence and the highway code.. Evazio cannot be held for responsible for the accidents resulting from the imprudence of a participant, a bad reading or a bad interpretation of the descriptions.

5. Modifications

For each stay, we indicate a program with the choice of itineraries, activities, accommodation and restaurants that seemed the most judicious according to the places and the seasons.

Our companions are likely to modify some of them for meteorological reasons, group levels, security.
In addition, the programs were established according to the last elements known at the time of writing: imponderables are always possible and situations beyond our control can modify the course.

6. Prices

All prices are in Euros, taxes included. What the price includes and does not include is indicated in the technical file of each trip or on the quote. The total price charged includes additional services requested by the traveler. The total price of the trip, including the possible extra charges accepted, is communicated to the traveler then mentioned on the invoice.

6-1. Price change

The price of our trips is firm, definitive and in euros. However, in accordance with article L211-12 of the French Tourist Code, the price may be adjusted upwards or downwards, up to 20 days before the date of departure, without possibility of cancellation on your part, for one or the other (or both) price change as follow:

  • Passenger transport resulting from the cost of fuel or other sources of energy;
  • The level of taxes or charges on travel services included in the contract, imposed by a third party who does not participate directly in the performance of the contract, including tourist taxes, landing fees or embarkation and landing at ports and airports. Any refusal by the traveler(s) to pay this adjustment, if it is not significant, will be considered as a cancellation by the traveler(s) and will be done application of cancellation fees of article 2.

7. Transport

Evazio is responsible for the transports included in the package. Any delay of the traveler to the scheduled meeting place for any reason (technical incident, accident, cancellation, strike, additional stopover, fortuitous events, political, social, cultural, climatic), because of third party or force majeure could not give the right to cancellation of the trip free of charge or any compensation and the company Evazio would not have to bear any consequence of any type whatsoever, especially the assumption of costs of pre or post-routing.

7.1. Luggage Transfer

In the case where the transfer of luggage from one lodging to another is included in your package, your luggage must be closed and left at the reception of your accommodation, with the labels which are provided to you and which you must inform according to our procedure.

We recommend that you store your valuables with you and not leave them in your luggage during transport.
Evazio can not be held responsible in case of theft or loss when transporting luggage.

In case of non-compliance with the luggage labeling rules (described at the beginning of your trip), the costs incurred by the search and the routing of a forgotten luggage will be charged to the traveler.

8. Complaints

8.1. During the trip

You undertake to inform Evazio of any non-compliance observed during your trip by immediately contacting our emergency number or our local representant (we will give you the coordonates before departure).

8.2. After the trip

Travellers can make any complaints in writing accompanied by documentary evidence to Evazio as soon as possible after they return from their trip.

If, after referring the matter to our Customer Service department, you have not received a satisfactory response within a maximum of 60 days, you may contact the Travel and Tourism Mediation Service, whose contact details are as follows : MTV Médiation Tourisme Voyage – BP 80 303 – 75 823 Paris CEDEX 17. Details of how to refer a case can be found on their website: www.mtv.travel.

9. Litigations

All claims must be written and sent, registered, to Evazio 58 Rue Ferrère 33000 Bordeaux – France,  at the latest within 8 days following the date of return of the stay, accompanied by the supporting documents. At the end of this period, no claim will be accepted.

Any litigation will be stated by the jurisdictions of Bordeaux.

10. Modification of the conditions of sale

Evazio reserves the right to modify or update these conditions of sale at any time without notice. The version of the conditions of sale applicable to the booking of the trip is that in force on the day of the reservation.

11. Liability of the traveller

The combination of travel services we offer you constitutes a package as defined by EU Directive 2015/2302 and Article L.211-2 II of the French Tourism Code.

You are therefore entitled to all the rights granted by the European Union that apply to packages as transposed into the Tourism Code. Evazio will be fully responsible for the proper performance of the overall package.

In addition, as required by law, Evazio holds insurance to refund your payments and, where travel is included in the package, to repatriate you in the event Evazio becoming insolvent.

 

General conditions

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 (EU Directive 2015/2302 and Article L.211-2 II) :

Article R. 211-3

Any offer and any sale of the services referred to in Article L.211-1 shall give rise to the delivery of appropriate documents that meet the rules set out in this Section.

Article R. 211-3-1

The exchange of pre-contractual information or the provision of pre-contractual conditions shall be made in writing. This may also be done electronically. The following shall be indicated: the name or business name and the address of the organiser or retailer and their registration number in the register provided for in ArticleL.141-3 or, where appropriate, the name, address and registration number of the federation or union referred to in the second indent of Article R.211-2.

Article R. 211-4

Before concluding a contract, the organiser or retailer shall provide the traveller with the following information:

1. the main characteristics of the travel services:

a) the travel destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included;

b) the means, characteristics and categories of transport, the points, dates and time of departure and return, the duration and places of intermediate stops and transport connections. Where the exact time is not yet determined, the organiser or retailer shall inform the traveller of the approximate time of departure and return;

c) the location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination;

d) the meal plan;

e) visits, excursions orother services included in the total price agreed for the contract;

f) where it is not apparent from the context, whether any of the travel services will be provided to the traveller as part of a group and, if so, where possible, the approximate size of the group;g) where the traveller’s benefit from other tourist servicesdepends on effective oral communication, the language in which those services will be carried out;

h) whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the traveller’srequest, precise information on the suitability of the trip or holiday taking into account the traveller’s needs;

2. the trading name and geographical address of the organiser or retailer, as well as their telephone number and, where applicable, e-mail address;

3. the total price inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the traveller may still have tobear;

4. the arrangements for payment, including any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by the traveller;

5. the minimum number of persons required for the trip or holiday to take place and the time-limit, referred to in Article L.211-14(III), before the start of the trip or holiday for the possible cancellation of the contract if that number is not reached;

6. general information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination;

7. information that the traveller may cancel the contract at any time before the start of the trip or holiday in return for payment of an appropriate cancellation fee, or, where applicable, the standardised cancellation fees requested by the organiser or retailer, in accordance with Article L.211-14(I);

8. information on optional or compulsory insurance to cover the cost of cancellation of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death.With reference to packages as defined in Article L. 211-2(II)(A)(2)(e), the organiser or retailer and the trader to whom the data are transmitted shall ensure that each of them provides, before the traveller is bound by a contract, the information set out in this Article in so far as it is relevant for the travel services they offer.

The form communicating the information listed in this Article to the traveller shall be laid down by joint order of the Minister for Tourism and the Minister for Economic Affairs and Finance. This joint order shall specify the minimum information that must beprovided to the traveller when the contract is concluded by telephone.

Article R. 211-5

The information referred to in Article R.211-4(1), (3), (4), (5) and (7) and provided to the traveller shall form part of the contract and may be changed only under the conditions set out in Article L.211-9.

Article R. 211-6

In addition to the information specified in Article R.211-4, the contract must include the following information:

  1. the special requirements of the traveller which the organiser or retailer has accepted;
  2. information that the organiser and retailer are responsible for the proper performance of all travel services included in the contract in accordance with Article L.211-6 and that they are obliged to provide assistance if the travelleris in difficulty in accordance with Article L.211-17-1;
  3. the name of the entity in charge of insolvency protection and its contact details, including its geographical address;
  4. the name, address, telephone number, e-mail address and, where applicable, the fax number of the localrepresentative of the organiser or retailer, of a contact point or of another service which enables the traveller to contact the organiser or retailer quickly and communicate with him efficiently, to request assistance when the traveller is in difficulty or to complain about any lack of conformity perceived during the performance of the trip or holiday;
  5. information that the traveller is required to communicate any lack of conformity which he perceives during the performance of the trip or holiday in accordance with Article L.211-16(II);
  6. where minors, unaccompanied by a parent or another authorised person, travel on the basis of a contract which includes accommodation, information enabling direct contact with the minor or the person responsible for the minor at the minor’s place of stay;
  7. information on available in-house complaint handling procedures and on alternative dispute resolutionmechanisms and, where applicable, on the entity by which the trader is covered and on the online dispute resolution platform pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council;
  8. information on the traveller’s right to transfer the contract to another traveller inaccordance with ArticleL.211-11.

Withreference to packages as defined in Article L. 211-2(II)(A)(2)(e), the trader to whom the data are transmitted shall inform the organiser or retailer of the conclusion of the contract leading to the creation of a package. The trader shall provide them with the information necessary to comply with their obligations as an organiser. As soon as the organiser or retailer is informed that a package has been created, they shall provide the information referred to in points 1. to 8. to the traveller on a durable medium.

Article R. 211-7

A traveller may transfer his or her contract to a transferee who satisfies the same conditions as the traveller in order for the transferee to undertake the trip or holiday, provided that the contract has not yet produced any effects.Unless more favourable provision is made, the transferor shall be required to inform the organiser or retailer of his/her decision by any means capable of producing an acknowledgement of receipt no later than seven days before the start of the trip. Under no circumstances shall this transfer be subject to prior authorisation by the organiser or retailer.

Article R. 211-8

Where the contract includes an explicit possibility of price revision, within the limits laid down in Article L.211-12, it shall specify the calculation methods for price changes, whether increases or decreases, in particular with regard to the transport costs and related charges, the currency or currencies that could have an impact on the price of the trip or holiday, the part of the price to which the change applies, and the exchange rate of the currency or currencies taken as the reference when the price specified in the contract was established.In the event of a price decrease, the organiser or retailer shall have the right to deduct actual administrativeexpenses from the refund owed to the traveller. At the traveller’s request, the organiser or retailer shall provide proof of such administrative expenses.

Article R. 211-9

Where, before the traveller leaves, the organiser or retailer is obliged to alter one of the essential components of the contract, if the organiser or retailer is unable to meet the specific requirements referred to in Article R.211-6(1) or if there is a price increase of more than 8%, they shall inform the traveller without unduedelay in a clear, comprehensible and readily visible manner on a durable medium of the following:

  1. the proposed changes and, where appropriate, their impact on the price of the trip or holiday;
  2. the reasonable period within which the traveller has to inform the organiser or retailer of his decision;
  3. the consequences of the traveller’s failure to respond within the prescribed period;
  4. where applicable, the other arrangements offered and their price.

Where the changes to the contact or the substitute arrangements result in a trip or holiday of lower quality or cost, the traveller shall be entitled to an appropriate price reduction.If the contract is cancelled and the traveller does not accept other arrangements, theorganiser or retailer shall refund all payments made by or on behalf of the traveller as soon as possible and in any event not later than 14days after the contract is cancelled, without prejudice to compensation pursuant to Article L211-17.

Article R. 211-10

The organiser or retailer shall provide any refunds required under Article L.211-14(II) and (III) or, pursuant to Article L.211-14(I), reimburse any payments made by or on behalf of the traveller minus the appropriate cancellation fee. Such refunds shall be made to the traveller as soon as possible and in any event not later than 14 days after the contract is cancelled.In the case provided for in Article L.211-14(III), the additional compensation that the traveller may receive shall be at least equal to the penalty he/she would have had to bear if the cancellation had been made by the traveller on that date.

Article R. 211-11

The assistance provided by the organiser or retailer in application of Article L.211-17-1 shall consist in particular in:

  1. providing appropriate information on health services, local authorities and consular assistance;
  2. assisting the traveller to make distance communications and helping the traveller to find alternative travelarrangements.

The organiser or retailer shall be able to charge a reasonable fee for such assistance if the difficulty is caused intentionally by the traveller or through the traveller’s negligence. That fee shall notin any event exceed the actualcosts incurred by the organiser or retailer.

 

Conditions of sales updated November 15, 2019