General Terms and Conditions of Sale and Use of the website www.you-moov.com
These General Terms and Conditions of Sale and Use (hereinafter referred to as the “GTCSU”) aim to set out the arrangements for commercialising the services sold on the booking website you-moov.com (the “Site”) belonging to EUROPE AUTOCAR, an SAS (simplified joint stock company) with capital of 193,980 €, whose registered office is at 1, rue St Jacques 77700 BAILLY ROMAIVILLIERS, registered in the Business and Companies’ Register, Meaux, under no. 745 550 913.
Travel agent registration no. IM077170006
Financial guarantee taken out with GROUPAMA ASSURANCE-CREDIT & CAUTION, 8-10 rue d’Arstog – 75008 PARIS
Travel agency business liability insurance (article 6 of decree no. 94490 of 15 June 1994): HDI GLOBAL SE
In accordance with the law, we ask you to read these GTCSU, along with any other specific conditions featured on the pages of the Site governing the use of the website www.you-moov.com and relations with Europe Autocar SAS. These Terms and Conditions concern the legal rights and responsibilities that apply when you use the Site.
Any booking made on this Site implies full acceptance of these GTCSU and the payment of the sums due for the said booking.
The GTCSU may be amended and updated at any time without notice. Users should therefore check the Site regularly. Updates apply as soon as they are published on the Site.
In accordance with the provisions of article L.211-9 of the Tourism Code, all the information featured in the different communication media, and particularly in the brochures and on the Site, may be modified; consumers will be informed of these modifications before any Services are purchased.
ARTICLE 1 - DEFINITIONS
The meanings of the terms used in this document are as follows:
Exchange Voucher: refers to a voucher that may be exchanged for one or more Services organised and/or sold by the Vendor.
Customer: refers to la private individual or legal entity who buys a Service by signing into the Website www.you-moov.com. When he uses the Site, the Customer is subject to the same obligations as the User.
Order: refers to the purchase of a Service made and paid for by the Customer via the Website www.you-moov.com.
Site: refers to the electronic trading site www.you-moov.com, which is accessed free via the Internet and is open to any User of the network.
Affiliated Site: refers to a third-party site with which the Vendor has a contractual relationship.
Services: refers to the Services sold directly on the Site or via its affiliated sites, i.e. transfers (car, minibus, coach), tourist services, particularly excursions, circuits, tours, leisure activities, and gastronomic and cultural discoveries.
User: refers to the individuals connected to the Site.
Vendor: refers to Europe Autocar.
ARTICLE 2 – USING THE SITE
This Site is placed at the User’s disposal free of charge (apart from the cost of connecting up to the Site) for his own personal use, as long as he complies with the terms and conditions set out below.
Its use implies full acceptance of all the GTCSU.
The Site or any Affiliated Site is intended for personal, non-commercial use and/or to send in legitimate requests to book the proposed Services.
The Site’s function is to assist the User in his search for transport and Services related to travel and tourism, and to make the appropriate bookings. The User must be aged at least 18 and must be legally capable of engaging in a contract and using this Site in accordance with the General Terms and Conditions.
The User agrees not to use the Site to make speculative, false or fraudulent requests. The User agrees not to use robots or other automatic ways of accessing the Site, unless specially authorised to do so by you-moov.com or CENTRALE DE RESERVATION EUROPE AUTOCAR.
The Site may only be used to make bookings or purchases for legitimate reasons. No other form of use or misuse is permitted, particularly for reasons contrary to public convention and morality.
If the User fails to abide by these Terms and Conditions, CENTRALE DE RESERVATION EUROPE AUTOCAR reserves the right, at any time and without notice, to prohibit or restrict access to all or part of the Site, without prejudice to any claims for damages.
Except in cases of fraud, the User is financially liable for the procedures he engages in on the Site, and particularly for any use that may be made of his e-mail address and password. He also guarantees the veracity and accuracy of the information concerning him that he enters on the Site.
Any operations involving the copying, reproduction, new publication, downloading, placing on the Internet, dissemination, transmission, making available to the public or other uses of the content of you-moov.com (text, images, URL, price information, etc.) for purposes other than personal, non-commercial use are strictly prohibited. All other uses of the content of you-moov.com require CENTRALE DE RESERVATION EUROPE AUTOCAR’S written authorisation.
ARTICLE 3 - BOOKING
The Customer has the option of placing his Order on the Site.
The Customer first of all selects the Service(s) that he wishes to buy, having checked their prices and, where relevant, the Terms and Conditions Specific to every type of Service featured on the Site.
Some of the Services commercialised on the Site and its affiliated sites are subject to availability. The User has no right to demand compensation if the chosen Service is not available.
The Customer may view his basket at any time to check the Services he has selected, the total cost of his Order and, if he wishes, modify the various components of his order. The Customer must register for all purchases by setting up an account via the form provided. Registration gives him the right to a login and password, which he will need to access his account and manage and monitor the Services proposed on the Site, and for which he has sole responsibility.
The Customer also has the option of buying Services for other people. In this case, the Customer declares that he is authorised to place the order on behalf of this third party. The Customer pays for the selected Service and is then responsible for seeking a refund from the beneficiary third party.
The User may not place an order via the Site until he has confirmed these GTCSU and any Partners’ Special Conditions that may apply.
No booking will be considered to be effective until the Customer has received the Exchange Voucher and not the payment confirmation sent by you-moov.com or its affiliated sites.
The order confirmation, containing the essential information such as an identification of the Service(s) ordered and the price, will be sent to the Customer, either by e-mail to the e-mail address provided by the Customer, or to a Smartphone at the number provided by the Customer, at the Customer’s choice, within a short time after the Order date.
ARTICLE 4 - PRICES
The prices mentioned on this site, apart from the basket onwards, are expressed per person and in euros. Unless stated otherwise, these prices include VAT.
Prices may change without notice, and do not become final until confirmation has been received. The prices shown are not guaranteed: they are given for guidance only, especially with regard to currency.
The prices include all the Services shown in the description of each excursion, circuit or activity.
The prices mentioned on the Site are valid only for bookings made on the Site, directly online.
The special offers mentioned on the Site are valid only on the Site. They may not be claimed via another sales channel. They are linked to certain characteristics, particularly to dates that are mentioned.
ARTICLE 5 - PAYMENT TERMS
Payment should take place at the time of booking, by bank card only, using the secure payment system in place on the Site. No extra costs are involved.
Full payment must be made to confirm a booking.
The price corresponding to the Services booked is debited from the bank card. If certain Services forming part of an order cannot be confirmed due to lack of availability, the cost of the unavailable Services will be re-credited to the holder’s bank card within a maximum of 72 hours.
you-moov.com accepts the following payment cards: Mastercard, Visa.
The payment will be shown on the card statement under the title “Centrale de Réservation Europe Autocar”.
ARTICLE 6 - EXCHANGE VOUCHERS
The Customer’s Order will not be finally confirmed until he has received the Exchange Voucher, which will be sent to him to confirm the Order validation at the e-mail address entered by the Customer.
The Customer must consult his e-mail or the Site, if this allows it, to access his Exchange Voucher and has sole responsibility for printing it out.
The Customer must present his Exchange Voucher to the service provider in paper format, or on his Smartphone, so that the service can honour the booking.
To avoid fraudulent use, proof of identity may be requested, along with the signature of the Exchange Voucher or the presentation of the bank card used for the order. Under no circumstances will a bank statement alone suffice as proof of purchase.
ARTICLE 7 – WITHDRAWAL PERIOD
The Customer is informed that, in application of article L. 221-2 and L. 221-28 of the Consumer Protection Code, the right of withdrawal provided for in articles L. 221-18 and following of the Consumer Protection Code relating to distance sales does not apply to contracts whose purpose is the sale of accommodation, transport and catering services or leisure activities which must be provided on a fixed date or at a determined frequency. Once the Customer has confirmed the payment, the process becomes irreversible.
ARTICLE 8 – MODIFICATIONS – CANCELLATIONS - INTERRUPTIONS
8.1 Booking modifications
Modifications are considered as cancellations and new bookings. Cancellation fees are applied for any last-minute modifications
These administration fees are invoiced to the Customer immediately.
The modification does not become effective until we have received the payment corresponding to the modification administration fee.
In all cases, modifications are made within the limits of availability.
8.2 Booking cancellation
All requests for the cancellation of a Service should be sent to firstname.lastname@example.org via the contact page, giving the booking number, your name and the date. We will process your request as soon as possible.
The following cancellation fees are applied to all our transfers and excursions.
General Terms and Conditions:
2 days before the start of the Service: 50% of the price of the Service (Central European Time- Paris time).
1 day before the start of the Service: 100% of the price of the Service (Central European Time- Paris time).
These administration fees are invoiced to the Customer immediately.
The modification does not become effective until we have received the payment corresponding to the modification administration fee.
In all cases, modifications are made within the limits of availability.
8.3. Modifications du fait du Vendor
The Vendor reserves the right to cancel or modify certain Services (including the timing, programme and length of circuits) without notice if required for the purposes of Customer comfort or safety in the event of force majeure, strike, demonstration, administrative decision or exceptional closure, etc.
If the Vendor is forced to cancel or modify a key component of one of the Services ordered by the Customer, the latter will have the right to refuse the proposed modification and obtain a full refund of the price of the Services ordered. In all cases, the provisions of articles R211-9, R211-10, R211-11 of the Tourism Code reproduced below will apply to all cancellations or modifications.
8.4. Services not used or interrupted
Any interruption by the Customer to a Service in progress may not give rise to any form of refund. Any Customer who arrives after the Service departure time will be considered as a “no show” and will not be refunded, regardless of the reason for his late arrival.
Any Service that is interrupted or any Service that is not used by the Customer for a reason that cannot be ascribed to the Vendor may not give rise to any form of refund, except for the cases provided for in article L211-16 of the Tourism Code.
Deadlines are calculated in calendar days. The times used are Paris time or Central European Time.
ARTICLE 9 - COMPLAINTS
Any complaints should be received by Centrale de Réservation Europe Autocars within 45 days of the tour date. Complaints should be sent by post to:
CENTRALE DE RÉSERVATION EUROPE AUTOCAR
1 rue Saint Jacques
77700 BAILLY ROMAINVILLIERS
The Customer should produce the supporting documents and/or proof of purchase where necessary.
ARTICLE 10 - MEDIATION
Mediation is an appeal service for Customers who are not satisfied with the response they have received after making a complaint. In order to use it, the complaint must first have been lodged with Centrale de Réservation Europe Autocars Customer Services.
Customers may use Mediation to obtain a second opinion. Independent and impartial, the Travel and Tourism Mediator is responsible for reconciling the different points of view. His opinion is, however, consultative and either party may refuse it.
The mediator may be contacted at the following address: MTV Médiation Tourisme Voyage – BP 80 303 – 75 823 PARIS Cedex 17.
A copy of all the documents retracing the mediation request procedure should be attached to all referrals. A reply will be sent within 2 months (or 4 months for more complex cases).
All cases are treated confidentially and the Mediator service is free.
ARTICLE 11 - LIABILITIES
11.1 Liabilities relating to the use of the Site
By using the Site, the Customer declares that he has a sound knowledge of the Internet, its characteristics and limitations, and acknowledges, in particular, that:
• the Internet is an open network not controlled by Europe Autocar and that data exchanges circulating on the Internet offer only relative reliability and cannot be guaranteed, particularly against the risk of possible misuse or pirating;
• he communicates information of a sensitive nature at his own risk;
• he is aware of the nature of the Internet network and, in particular, of its technical performance and response times for consulting, checking or transferring information. Despite taking every precaution, Europe Autocar cannot guarantee that the exchanged information will not be intercepted by third parties and that the confidentiality of the exchanges will be vouchsafed.
Therefore, Europe Autocar may under no circumstances be held liable for any direct or indirect damage suffered by the Customer as a result of:
• a breakdown in any reception equipment or communication lines;
• a software malfunction;
• the consequences of any virus, anomaly or technical failure;
• any malfunction on the Internet network, and any technical, hardware or software failure of any kind that may have prevented the Order from being properly processed.
Europe Autocar may under no circumstances be held liable for any indirect damage suffered by the Customer, and particularly the loss of data or information. The Customer is responsible for making back-up copies.
Europe Autocar may under no circumstances be held liable for the fraudulent use by a third party of personal details or data linked to the bank card payment required to purchase the Services.
Europe Autocar informs the Customer that there are rules and practices in force on the Internet, known under the name “Netiquette”, and various codes of ethics, including the Internet Charter, which may be accessed on the Internet.
11.2 Liabilities relating to the Services
The Customer is responsible for the personal effects which he keeps in his charge. Europe Autocar may not be held liable and cannot guarantee that personal effects left behind during the performance of the Services will be returned.
As part of the “Vigipirate” plan, we do not accept any luggage on our excursions. Luggage is only accepted for transfers between a station / airport or hotel in Paris and Villages Nature®.
It is the Customer’s responsibility to check that he has all the documents he needs for his stay, and particularly those relating to transfers. No refund will be given if the Customer does not have (or has lost) the necessary documents.
The Customer is informed that smoking is strictly prohibited in the cars, coaches and minibuses.
The Customer agrees to behave in a way that is neither contrary to the rules of common sense nor in violation of the French laws and regulations in force. Any deterioration or damage caused will be invoiced for an amount equivalent to the cost of the necessary repairs.
Failure to comply with any of the above-mentioned points may not be considered to incur the liability of Europe Autocar and may not give rise to any form of refund or compensation on its part.
ARTICLE 12 – FORCE MAJEURE
None of the parties to the contract may be held liable for the non-execution, delay in the execution of or violation of any one of its obligations due to the occurrence of a case of force majeure, as defined by the new article 1218 of the Civil Code. Particular examples of force majeure are sector-based or national industrial action, transport blockages of all kinds, power and telephone failures, etc.
ARTICLE 13 – COMPUTERS AND INDIVIDUAL LIBERTIES
As the entity responsible for processing, Centrale de Réservation Europe Autocar collects, for the time it takes to process the order, and uses Customers’ personal information in order to manage the services it provides, including processing and completing the Orders. The information essential for processing and completing orders is marked with an asterisk on the pages of the Site.
It is mandatory to enter this information. Failure to do so will mean that the Order cannot be confirmed.
The Site has been the subject of a declaration of compliance with simplified standard 48 relating to Customer and prospect files.
Centrale de Réservation Europe Autocar wishes to inform you that any personal information that you may communicate is used only by Centrale de Réservation Europe Autocar, which is responsible for its processing and conservation, unless requested otherwise by the Customer. This information will not be communicated to third parties, apart from third parties hosting the Site or involved in its content or management. These third parties are bound to respect the confidentiality of this information and may under no circumstances use it for any purpose other than the functioning or the management of the Site.
In accordance with Law no. 78-17 of 6 January 1978, all Customers have the right to access, correct and delete any information concerning them at any time, and to object to its processing, by simply making the request on the you-moov.com Site via the “Contact” link.
When you visit our site, a permanent “cookie” (a small text file) will be allocated to you and stored on your computer’s hard disk. The cookie is used to identify you when you visit our site so that we can improve your browsing on the Site and personalise your online experience (automatic recognition, memorisation of your favourite residences, etc.).
We also collect technical information from your computer every time you open a page during your visit to our sites. This information concerns your IP (Internet Protocol) address, the operating system you use, the type of browser and, where relevant, the website you came from. We collect this information to improve the quality of your experience during your visit to our site, and we do not sell or transfer the information to third parties.
We use a software package, a Website analysis tool, which provides us with a set of data and a customer activity tracking service on our site. When you visit our site, we use the cookies to track and receive anonymous information about your search activities on our website. The tool in question helps us improve your online experience and make our Websites more user-friendly. It is in no circumstances used to collect personal information concerning you and is never compared with your user profile if you are registered on our site.
Most browsers accept these cookies automatically, but you can delete them or activate their refusal. As every browser is different, you will need to check in your browser “Help” menu how to change your preferences regarding cookies. The Site behaves in the same way and you can still access all the functionalities.
ARTICLE 16 - INTELLECTUAL PROPERTY
All the components, brand names and other intellectual property on the Site are the property of Centrale de Réservation Europe Autocar and/or are subject to copyright.
It is therefore prohibited to reproduce, modify, transfer or exploit all or part of the Site (text, images, URL, price information, etc.) without Centrale de Réservation Europe Autocars’ express, written authorisation: however, partial reproduction is tolerated for strictly private purposes.
The insertion of hypertext links to any other page whatsoever is prohibited without Centrale de Réservation Europe Autocar’s prior written authorisation.
It is prohibited to resell products or use the Site for commercial purposes without Centrale de Réservation Europe Autocars’ express, written authorisation.
Centrale de Réservation Europe Autocar wishes to thank the various owners of the photos shown on our Site.
ARTICLE 17 - APPLICABLE LAW
These GTCSU are governed, interpreted and applied in accordance with French law. The French courts have sole competence to rule on any disputes relating to these GTCSU, including (and this list is not exhaustive) their validity, interpretation, execution and/or termination and its consequences.
ARTICLE 18 - EXTRACTS FROM THE TOURISM CODE
The GTCSU comply with the provisions of article R.211-12 of the Tourism Code. In line with the legal provisions, articles. R.211-3 to R.211-11 of the said Code are reproduced below.
Subject to the exclusions provided for in paragraphs three and four of article L. 211-7, all offers and sales of travel services or holidays shall give rise to the handing-over of the appropriate documents which shall comply with the rules defined by this section.
Concerning the sale of air tickets or tickets for regular flights not accompanied by services linked to this transport, the vendor shall provide the buyer with one or more tickets to cover the whole journey, issued by the carrier or under his responsibility. In the case of transport on demand, the name and address of the carrier on behalf of whom the tickets are issued must be mentioned.
The separate invoicing of the various components of a tourist package does not release the vendor from his obligations under the statutory provisions of this section.
The exchange of pre-contractual information or the provision of contractual terms and conditions must take place in writing. They may take place electronically under the conditions of validity and practice set out in articles 1369-1 to 1369-11 of the Civil Code. The vendor’s name or company name and address should be mentioned, along with details of his registration in the register provided for in article L.141-3 or, where relevant, the name, address and details of his registration with the federation or union mentioned in paragraph two of article R. 211-2.
Article R 211-4:
Prior to the conclusion of the contract, the vendor must send the consumer information about prices, dates and other components of the services provided on the journey or holiday, such as:
1° The destination, the means, characteristics and categories of transport used;
2° The type of accommodation, its location, level of comfort and main characteristics, its accreditation and tourist classification in accordance with the regulations or usual practices in the host country;
3° The catering services proposed;
4° The description of the itinerary when it concerns a circuit;
5° The administrative and health formalities to be completed by nationals or citizens of another Member State of the European Union or a State which is part of the European Economic Area agreement if, for example, borders are to be crossed, and the time taken to complete them;
6° The tours, excursions and other services included in the package or available on payment of a supplement;
7° The minimum or maximum size of the group required to allow the journey or holiday to take place and, if the journey or holiday is subject to a minimum number of participants, the deadline by which the consumer is informed if the journey or holiday is cancelled; this deadline may not be set less than twenty-one days prior to departure;
8° The amount and percentage of the price to be paid as a deposit on the signature of the contract and the schedule for settling the balance;
9° The arrangements for price revisions, as provided for in the contract in application of article R. 211-8;
10° The cancellation conditions defined in the contract;
11° The cancellation conditions defined in articles R. 211-9, R. 211-10 and R. 211-11;
12° Information concerning the optional taking-out of insurance to cover the consequences of certain cases of cancellation or an assistance contract covering certain particular risks, such as the cost of repatriation in the event of an accident or illness;
13° If the contract includes air transport services, the information for each stage of the flight, as provided for in articles R. 211-15 to R. 211-18.
Article R 211-5:
The vendor is committed by the information he communicates to the consumer, unless he states in this information that he expressly reserves the right to modify certain components. The vendor must, in this case, state clearly to what extent this information may be modified and which components may be affected.
In all cases, the consumer must be informed of any modifications to the preliminary information before the contract is signed.
Article R 211-6:
The contract concluded between the vendor and the buyer must be in writing. There must be two copies, signed by both parties, one of which is given to the buyer. If the contract is concluded electronically, articles 1369-1 to 1369-11 of the Civil Code shall apply. The contract must contain the following clauses:
1° The name and address of the vendor, his guarantor and insurer, and the name and address of the organiser;
2° The travel destination or destinations and, if the holiday is split, the different periods and their dates;
3° The means, characteristics and categories of transport used, and the departure and return dates and locations;
4° The type of accommodation, its location, level of comfort and main characteristics, its accreditation and tourist classification in accordance with the regulations or usual practices in the host country;
5° The catering services proposed;
6° The description of the itinerary when it concerns a circuit;
7° The tours, excursions and other services included in the total price of the journey or holiday;
8° The total price of the Services invoiced and an indication of any possible revisions to the invoice by virtue of the provisions of article R. 211-8;
9° An indication, where necessary, of any fees or taxes relating to certain services, such as landing or boarding taxes in ports and airports, and tourist taxes where they are not included in the price of the service(s) provided;
10° The schedule and arrangements for the payment of the price; the final payment made by the buyer may not be less than 30 % of the cost of the journey or holiday and must be made when the documents allowing the buyer to complete the journey or holiday are handed over;
11° The special terms and conditions requested by the buyer and accepted by the Vendor;
12° The arrangements by which the buyer may make a complaint against the vendor for the non-execution or poor execution of the contract, which must be sent in as soon as possible, by any means that will allow the buyer to obtain an acknowledgement of receipt from the vendor, and, where relevant, reported in writing to the journey organiser and service provider concerned;
13° The deadline for informing the buyer if the journey or holiday is cancelled by the vendor if the completion of the journey or holiday is dependent on a minimum number of participants, in accordance with the provisions of paragraph 7 of article R. 211-4;
14° The cancellation conditions defined in the contract;
15° The cancellation conditions defined in articles R. 211-9, R. 211-10 and R. 211-11;
16° Details concerning the risks covered and the amount of the guarantees in the insurance contract covering the consequences of the vendor’s business liability;
17° Details of the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and insurer’s name) and details of the assistance contract covering certain particular risks, such as the cost of repatriation in the event of an accident or illness; in this case, the vendor must provide the buyer with a document setting out at least the risks that are covered and those that are not;
18° The deadline for informing the vendor if the buyer wishes to transfer the contract;
19° The commitment to provide the buyer with the following information, at least ten days before his planned departure date:
a) The name, address and telephone number of the vendor’s local representation or, otherwise, the names, addresses and telephone numbers of local organisations that may be able to help the consumer in the event of a difficulty or, otherwise, the call number used to contact the vendor in an emergency;
b) For journeys and holidays involving minors abroad, a telephone number and address that may be used to make direct contact with the child or responsible adult at the holiday location;
20° The clause relating to termination and penalty-free refunds of the sums paid by the buyer if the vendor fails to meet his obligation to provide information as provided for in paragraph 13 of article R. 211-4;
21° The commitment to inform the buyer of the departure and arrival times in good time before the start of the journey or holiday.
Article R 211-7:
The buyer may transfer his contract to a transferee who fulfils the same conditions as him for carrying out the journey or holiday, as long as the contract has produced no effects.
Unless there is a stipulation more favourable to the transferor, the latter is bound to inform the Vendor of his decision by any means that will allow him to obtain an acknowledgement of receipt, seven days at the latest before the start of the journey. The deadline is increased to two weeks when it concerns a cruise. Under no circumstances does this transfer require the vendor’s prior authorisation.
Article R 211-8:
If the contract contains the express option of a price revision, within the limits set out in article L. 211-12, it must mention the precise methods used to calculate these price variations, upwards or downwards, and particularly the amount of the related transport and tax costs, the currency or currencies that may have an effect on the price of the journey or holiday, the portion of the price to which the variation applies, and the currency exchange rate(s) chosen as a reference when the price shown in the contract was drawn up.
Article R 211-9:
If, before the buyer’s departure, the vendor finds himself forced to modify one of the key components of the contract, such as a significant increase in the price, and where he disregards the obligation to provide information mentioned in paragraph 13 of article R. 211-4, the buyer may, without prejudice to any future claim for compensation for any losses suffered, and having been informed by the Vendor by any means that will allow him to obtain an acknowledgement of receipt:
either terminate his contract and obtain an immediate refund, without penalties, of the sums paid;
or accept the modification or replacement journey offered by the vendor; an amendment to the contract, giving details of the modifications made, is then signed by the parties; any reduction in the price is deducted from any sums still outstanding from the buyer and, if the payment already made by the latter exceeds the price of the modified service, the over-payment must be returned to him before the date of his departure.
Article R 211-10:
In the case provided for in article L. 211-14, where the vendor cancels the journey or holiday before the buyer’s departure, he must inform the buyer by any means that will allow him to obtain an acknowledgement of receipt; the buyer, without prejudice to any future claim for compensation for any losses suffered, shall then obtain an immediate refund, without penalties, of the sums paid; in this case, the buyer shall receive compensation at least equal to the penalty that he would have had to pay if he had himself cancelled the journey or holiday on the same date.
The provisions of this article shall in no circumstances be an obstacle to the conclusion of an amicable agreement in which the buyer accepts a replacement journey or holiday proposed by the vendor.
Article R 211-11:
If, after the buyer’s departure, the vendor finds it impossible to provide a large proportion of the services set out in the contract and representing a significant percentage of the price paid by the buyer, the vendor must immediately take the following steps, without prejudice to any future claim for compensation for any losses suffered:
either propose services to replace the planned services and bear the cost of any extra price to be paid and, if the services accepted by the buyer are of an inferior quality, the vendor must refund him the price difference on his return;
or, if he is unable to propose any replacement services, or if the buyer refuses them for valid reasons, he must provide the buyer, without a price supplement, with transport tickets to enable him to return to the point of departure or to another location agreed by both parties in conditions that may be considered to be equivalent.
The provisions of this article shall apply in the event of a failure to meet the obligation referred to in paragraph 13 of article R. 211-4.