
Atypic Tourism in France
GENERAL TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS CAREFULLY AS ANY USE OF SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Atypic Tourism in France is a travel agency registered with the code IM075100142 in the Travel Agency Register created and maintained by Atout France.
Atypic Tourism in France is a registered trademark owned by the company ATYZEE SARL. The company ATYZEE SARL was incorporated with a stock capital of EUR 7500 and registered office at 19 rue Lasson 75012 Paris, France. The company’s SIREN code is 522 205 798 - RCP Paris, the company’s APE code is 7911Z and its Intracomm VAT number is FR88522205798.
Atypic Tourism in France subscribed with HISCOX- through the company LSA GESTION, 49 rue de Bellevue 92513 Boulogne Billancourt Cedex – a professional liability insurance policy against any damage deriving from civil and professional responsibility.
The guarantee for Atypic Tourism in France is insured with A.P.S.T. (Association Professionnelle de Solidarité Tourisme).
Atypic Tourism in France is member of the Convention and Visitors Bureau.
A – General terms of use of our services
The following terms of use govern the booking and purchase of touristic services offered on the website
www.atypic-tourism-in-france.com (hereinafter referred to as the website).
Atypic Tourism in France reserves the right to change these General Terms and Conditions of Sale (hereinafter referred to as GTCS) at any time with or without notice, and you agree to abide by the version of it in force on the date when your reservation was confirmed by Atypic Tourism in France.
Reservation
By reserving a service on the website of Atypic Tourism in France you acknowledge to have read and fully understood these terms of use before having completed the reservation itself. Once received, each reservation order implies full and unreserved acceptance of our GTCS. Your contract shall be consequently governed pursuant to the terms and conditions in force on the date when you order was received.
In accordance with the electronic signature act of March 13th 2000 (law n° 2000-230, 13th March 2000), any reservation validated through the Internet by a double confirmation implies full and irrevocable acceptation of these GTCS, which can be called into question only in the cases explicitly described in the same GTCS. The double confirmation procedure, associated to the authentication and not rejection procedure and to the protection of message integrity, constitutes an explicit proof of your contractual commitment and of the terms and conditions accepted by you as described in this GTCS.
Validation of reservation orders
All the services offered on the website are subject to the availability of the service providers employed by Atypic Tourism in France . Once your reservation order has been placed on the website of Atypic Tourism in France, you will receive a first notification email informing that your order has been properly received. Subsequently Atypic Tourism in France will proceed to reserve your stay / requested service at the same conditions chosen by you in the reservation order. Between 24 and 72 hours from your reservation order you will then receive a second binding confirmation via email. Please note that only this second confirmation email represents a firm placement of your order. After having received this second confirmation email your payment will be validated and you will be charged the due amount according to the chosen payment method. For your reservation to be consider effective, you must have received the abovementioned confirmation email and all due amounts must have been paid to us in full.
Should the service requested in your reservation order be unavailable for any reason, Atypic Tourism in France shall contact you via email and propose valid alternatives in terms of schedule, planning, languages and services. If no agreement can be reached in any disputation arisen from non availability of any of the services requested through the reservation order, Atypic Tourism in France shall cancel your payment. The data stored by Atypic Tourism in France shall be considered as primary proof of past transactions.
Vouchers, schedule and travel information
Together with the confirmation email, you shall receive for each order the respective invoice and all the necessary information for enjoying the services purchased: your order form; all needed vouchers; the addresses and full contacts of all providers and on-site managers.
Cancellation and refund
Some services are subject to weather conditions and might have to be cancelled in case of inadequate ones: all these activities are duly and explicitly described as such in their respective on-line explanation. All services are subject to cancellation in case of events beyond the control of Atypic Tourism in France and of any of its providers. Reservations can be postponed or cancelled in case of Force majeure or in case of events that could endanger the clients’ and/or the operators’ personal safety or the normal progress of the activities/stay that has been reserved. In such cases Atypic Tourism in France shall propose the client a substitutive activity. Should any of the services reserved by you be cancelled or modified in terms of date, schedule or location, you agree that Atypic Tourism in France can use the data collected through the reservation procedure in order to effectively keep you informed about any change.
Act of God
Force majeure shall be deemed to include any event that is at once unforeseeable, insurmountable and external, and which prevents the agency, or any operator involved in delivering the service, from performing its obligations in full or in parts as described in this GTCS. The following events shall explicitly fall under the definition of force majeure: strikes of public transportation workers, of hospitality personnel, of air traffic controllers, insurrections, riots or any prohibition enacted by governmental or public authorities.
Each party shall sustain its own expenses in case of Force majeure: thus the client shall bear upon himself any additional expense that might be required to ensure the continuation of the travel following an event of Force majeure.
Right of withdrawal
In accordance with section L.121-20-4 of the Consumer Code (Code de la Consommation), any hospitality, transportation, catering and leisure service which is agreed to be delivered on a given date either according to a determined periodicity are not subject to the right of withdrawal.
Use of Vouchers
A voucher issued by Atypic Tourism in France cannot be taken back, exchanged or resold.
Tracking an order
For receiving any information and for any question please feel free to contact us on the phone at +33 (0)1 43 41 97 43 or at +33 (0)6 98 35 23 13, either via email at:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Cancellation by the client
Should the client need to cancel or report any of the activities or services purchased, such a cancellation shall always be made in written to Atypic Tourism in France. Cancellation requests are not deemed as being effective until they haven’t been acknowledged by the staff of Atypic Tourism in France.
Cancellation fees in case of withdrawal or no-show of individual clients
|
FULL CANCELLATION OR REPORT FEES
|
|
Cancelling 30 days or more before the activity/ service start date
|
90 % refund
|
|
Cancelling between 30 and 21 days before the activity/service delivery date
|
50 % refund
|
|
Cancelling between 20 and 15 days before the activity/service delivery date
|
25% refund
|
|
Cancelling 14 days or less before the activity/service delivery date
|
0% refund
|
Cancellation Insurance
Atypic Tourism in France invites clients to subscribe a cancellation insurance policy with the company XXXXX. Such a subscription is purely optional yet warmly encouraged.
Rates and currency
The prices published on our website are always and only shown in Euros and each price includes taxes and reservation fees. Prices are subject to change with or without notice, however , Atypic Tourism in France commits to charge always the price published on the website at the time when the reservation was made.
Extra costs
By accepting these GTCS you understand that the service price never includes transportation expenses to and from the place where the service /activity will be delivered.
Seemingly and unless otherwise specified, service prices never include any personal expense nor any ancillary the client sustains to take part in the purchased activity, such as transportations expenses to and from the service /activity delivery place; insurances; excess baggage charges; telephone and drink charges; room service fees; tips and in general any provision not explicitly included in the reservation confirmation.
Payment
Orders placed through the website can only be paid in Euros, regardless of where they are being paid from. Payment can be received on line, via credit card and PayPal, either via bank transfer. Full bank details of the Atypic Tourism in France agency are available upon request via email. For online credit card payments the following cards are accepted: CARTE BLEUE / VISA and EUROCARD / MASTERCARD / AMERICAN EXPRESS. One single payment method shall be employed for each order.
Security of on-line payments
The website employs our bank’s payment security system either PayPal’s infrastructure for processing payments. In order to protect at our best all the sensible data collected through on-line payment methods, we have adopted the standard SSL encryption protocol and strengthened our own encoding and encryption processes.
Necessary tools
In order for you to be able and place an order through our website, you must own a valid and accessible email address; you must be able to print out your vouchers and you must have access to a payment instrument such as CARTE BLEUE / VISA and EUROCARD / MASTERCARD / AMERICAN EXPRESS either own a bank account.
In accordance with the law n°78-17 of 1978 (better known as the loi informatique et liberté) you have the right to object, access, correct and erase any of your personal data stored on our system simply by sending your request via email to
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
either via regular mail to 19 rue Lasson 75012 Paris, France.
Immigration procedures for entering France
The European territory of France is part of the Schengen area. The Schengen area also includes the territories of other member states of the European Union as well as those of associated countries, notably: Austria; Belgium; Czech Republic; Denmark; Germany; Spain; Estonia; Finland; Greece; Hungary; Island; Italy; Latvia; Lithuania; Luxemburg; Malta; Norway; Netherlands; Poland; Portugal; Slovakia; Slovenia; Sweden and Switzerland.
Foreigners entering and travelling through the French territory must hold a valid visa in order to entry the country, except in the cases mentioned below.
Short stay visas, commonly known as “Schengen visas”, allow their owner to travel freely through the countries of the Schengen area for a maximum of 90 days in each period of six months and can be used for all the period of its validity one or more times to move throughout all the countries of the Schengen area unless differently specified on the visa label.
A short stay is defined as a period totaling a maximum of 90 days in each period of six months. European immigration law has also set a list of countries whose nationals are exempted from requesting a visa when entering the French European territory for a short stay.
This list includes:
- all the EU, EEA countries and Switzerland;
- the following countries: Andorra; Argentina; Canada; Chile; Costa Rica; Croatia; El Salvador; Guatemala; Honduras; Israel; Malays; Monaco; Nicaragua; New Zealand; Panama; Paraguay; San Marino; The Vatican State; Uruguay; Montenegro; Macedonia and Serbia.
- the following countries: Australia, Antigua e Barbuda; Barbados; Brazil; Brunei; Darussalam; South Korea; United States; Japan; Mauritius; Mexico; Seychelles; Singapore; Venezuela. Such an exemption does not apply in case the reason for entering the country is covering any paid position in France;
- holders of passports issued by the Special Administrative Region of Hong Kong (People’s Republic of China) and of the Special Administrative Region of Macao (People’s Republic of China). Such an exemption does not apply in case the reason for entering the country is covering any paid position in France;
- holders of any valid residence permit issued by the French government;
- holders of any valid residence permit issued by any of the countries enforcing the Schengen agreement;
- holders of certain entry permits issued by other EU member states;
- holders of a British National (Overseas) passport.
Exceptions
For some nationalities, a short stay visa is still required in order to enter France. Notably:
- Canadian nationals coming to France for professional internships;
- U.S. nationals coming to France as journalists on duty either as scientists or artists to cover a paid position in France.
In case you hold any other immigrant position not mentioned before, you shall then submit an official visa request following the procedures published on the websites of competent French authorities.
We strongly recommend to any non-French national to consult the appropriate competent authority (consulate, embassy) and verify the validity of any immigration documents mentioned before.
Service interruption, risks and hazard of the internet
The service provided by Atypic Tourism in France via the website is conditioned by the good functioning of servers, of the Internet and of the tools and devices used by clients to access the latter.
Since such technologic tools can be subject to incompatibility; piracy; service interruption and technical failure, accepting these GTCS you agree that Atypic Tourism in France shall not be held responsible for any malfunctioning of that kind regardless of the consequences it might have on placed orders and / or clients’ personal data.
Website pictures
All the photos shown on the website are non-contractual. Atypic Tourism in France is not responsible for the exactness of any photographic item displayed on the website. All descriptive documents; technical notes (dates; schedules; durations), photos; graphics and any other kind of information shall be deemed as purely informative.
Applicable law and forum
The sale of services hereby concerned is subject to the French Law, and any litigation arising from a reservation or a transaction placed on or processed through the website falls under the jurisdiction of the court of Paris. Should the object of any litigation be these GTCS or any of its parts, the French version of this document shall prevail on any translation.
B – General terms of use for services sold outside touristic packages without a fixed price.
The following terms of use govern the booking and purchase of touristic services offered on the website www.atypic-tourism-in-france.com and which are not sold at a fixed price not being part of any touristic package. The following terms of use only apply to separate services reserved independently from any touristic package, be them organized visits; provision of services; meals; and transportation rentals.
A touristic package is understood as being the combination of at least two services /activities among transportation; accommodation and any other touristic service which is not ancillary to either of the previous two and still represents a significant portion of the package. Touristic packages always include one night stay either their activities stretch over more than twenty-four hours.
As for what concerns the sale of single services, Atypic Tourism in France is understood as acting exclusively in the quality of representative agent and thus it shall not be held responsible for the non execution or for the poor execution of the services purchased. Purchasing our services and activities does not grant ipso facto any insurance to the client. However Atypic Tourisme in France provides the opportunity to insure the purchased services and / or activities and thus it shall not be held responsible for any consequence whatsoever (economic or of other nature) once a client refused to subscribe the insurance policy.
C - General terms of use for services sold as part of touristic packages.
According to the Code of Tourism, the following provisions cannot be applied on the reservation or sale of transportation services which are not included into a touristic package.
A touristic package is understood as being the combination of at least two services /activities among transportation; accommodation and any other touristic service which is not ancillary to either of the previous two and still represents a significant portion of the package. Touristic packages always include one night stay either their activities stretch over more than twenty-four hours.
Section R.211-3:
Without prejudice for the exceptions mentioned under paragraphs three and four of section L.211-7, the appropriate documentation shall be produced for every offer and every purchase of travel-related or accommodation services, according to the directive of this section.
In case of sale of flight or regular land tickets without the provision of any additional service connected to them, the seller shall deliver to the buyer one or more travel tickets that cover the entire purchased distance and issued by the carrier either under its responsibility.
In case transportation services are delivered on request, the name and address of the carrier on behalf of whom the tickets have been issued shall be mentioned on the ticket themselves.
Invoicing the different elements of a touristic package separately does not relieve the seller from any of the obligations stated in this section.
Section R.211-3-1:
The exchange of pre-contractual information and the preview of contractual conditions shall be made in written. Pursuant to sections from 1369-1 to 1369-1 of the Civil Code (Code Civil), this exchange can also be made electronically, provided it is carried out according to the conditions of validity listed in the same mentioned sections. In particular the seller’s full name or the seller company’s registered incorporation name shall be included in the exchange documents, as well as the seller’s address and his business registration number according to section L. 141-3, or if need be, his name, address and the federation either the union’s registration number as explained in paragraph two, section R. 211-2.
Section R.211-4:
Before the perfection of any contract, the seller shall provide to the buyer all the information on prices, dates and the other substantial elements of all the services /activities ruled by the contract, in particular:
1° The destination, means, characteristics and categories of the transport that will be employed for delivering the service;
2° The accommodation type; its general situation; its level of comfort and its main characteristics, such as its homologation and classification level according to the regulations and habits of the destination country;
3° The catering services proposed;
4° The description of the itinerary in case of a tour;
5° The bureaucratic and sanitation procedures to be fulfilled by French nationals or nationals of other EU member states either of any country taking part to the EEA agreement (European Common Economic Space), including their estimated time of accomplishment, in order to enter France as a legal alien;
6° The visits, excursions and all the other services included in the price of each touristic packet, as well as any other additional activity which the client may purchase as an extra;
7° The minimum and maximum number of participants for the travel / stay to be carried out. If the realization of the travel / stay is subject to a minimum number of participants, the seller shall inform the buyer about the latest term for being notifying about a cancellation due to lack of participants. This latest term shall not be later than twenty-one day before the activity date;
8° The amount or the percentage of the total price to be paid by the client as a deposit at the contract perfection, as well as a schedule for settling the remaining amount;
9° The modalities of price revision as preview by the contract and according to section R. 211-8;
10° The contractual cancellation clauses;
11° The cancellation clauses stated under sections R. 211-9, R. 211-10 et R. 211-11 ;
12° Proper information about the possibility of subscribing an optional insurance policy against the consequences of certain cancellation causes or the possibility of subscribing a special assistance policy covering some particular risks, especially repatriation expenses in case of accident or illness;
13° For contracts including air transportation, the seller shall provide for each stopover the information prescribed under sections R. 211-15 à R. 211-18.
Section R.211-5:
The preliminary information provided by the seller to the buyer is always binding on the former, unless the seller explicitly reserved the right to modify some of its elements, in which case the seller shall clearly define the elements on which such modification can take place and to what extent.
In any event, modifications to preliminary information shall be communicated to the buyer before the perfection of the contract.
Section R.211-6:
The contract between the seller and the buyer shall be in writing and in duplicate. The copy handed to the buyer shall be signed by both parties. When a contract is perfected electronically, sections from 1369-1 to 1369-11 of the Civil code (Code Civil) shall apply. The contract shall also contain the following information:
1° The seller’s name, his guarantor’s and the name of his insurance company, as well as the name and address of the operation organizer;
2° The travel destination(s) and in case of tours or split journeys, the different periods and the dates involved ;
3° The transportation means employed for delivering the service, their characteristics and categories. Departure and return dates and location;
4° The accommodation type, its general situation, its level of comfort, its main characteristics and its touristic classification level according to the regulations and habits of the destination country;
5° The catering services proposed;
6° The description of the itinerary in case of a tour;
7° The visits, excursions and all other services included in the final price of the travel or of the stay;
8° The total price of all invoiced services, as well as the indication of any possible revision of the invoice, pursuant to section R. 211-8;
9° If applicable, the indication of any charge or tax pertaining to specific services, such as landing and boarding fees in airports and ports, tourist taxes etc. in case these are not included in the price of the service(s) provided;
10° Payment schedule and modalities. The last installment paid by the buyer shall not be inferior to 30% of the due amount and shall be paid upon reception of the documents allowing the buyer to enjoy the purchased service(s);
11° Any particular condition requested by the buyer and accepted by the seller;
12° The information about how to file a complaint for non-fulfillment or poor fulfillment of contractual obligations. Complaints shall be filed by the buyer as soon as possible and by any mean that allows a firm verification of the complaint reception. When filing a complaint the buyer shall also inform in writing the travel organizer and any other service provider involved in the contract;
13° The deadline for informing the buyer in case of cancellation due to the lack of a minimum number of participants is fixed under paragraph 7 section R. 211-4;
14° The contractual cancellation clauses;
15° The cancellation clauses stated under sections R. 211-9, R. 211-10 et R. 211-11;
16° The details about what kind of risks are covered by the insurance policy and the amount of the seller’s guarantees against civil and professional liability;
17° The details of any insurance policy covering the buyer against the consequences of certain types of cancellation (policy number and the insurer’s name). Information about any assistance policy against particular risks, such as repatriation fees in case of accident or illness, shall be provided to the buyer through a document that will specify at least which risks are covered by the policy and which are not;
18° The buyer’s deadline for informing the seller in case of contract transfer;
19° The seller’s commitment to provide the buyer, at least ten days before the supposed departure date, with the following pieces of information:
a) The seller’s full name and his local representative’s address and telephone number, in the absence thereof the seller shall provide name, address and telephone number of the local organizations likely to help consumers in need of help. Alternatively the seller shall provide a direct phone number to be used by the buyer as a help line ;
b) In case of minors travelling abroad, the seller shall provide a telephone line and an address for establishing a direct contact with the child either with the responsible officer for his/her stay;
20° The termination and full refund clause, inclusive of any deposit, in case of to comply with the information obligation prescribed under paragraph 13°,
Section R. 211-4 ;
21° Commitment to provide the buyer with the departing and arriving schedule in due course.
Section R.211-7 :
The buyer can transfer his contract to a transferee who fulfills the same conditions as him to carry out the journey or holiday, as long as this contract has not produced any effect.
Unless there is a stipulation that is more favorable to the transferor, he must inform the seller of his decision by any means allowing him to obtain a confirmation of receipt seven days before the beginning of the journey at the latest. When it is a cruise, this period is extended to fifteen days. n no event is this transfer subject to the seller’s authorization.
Section R.211-8 :
When the contract includes the express possibility of a price revision, within the limits provided for in section L. 211-12, it must mention the precise method used for the calculation of the price variations, both upward and downward, and in particular the amount of the transportation costs and related taxes, the currency or currencies that could have an impact on the price of the journey or holiday, the share of the price to which this variation can apply, and the rates of the currency or currencies used as references for establishing the prices that appear in the contract.
Section R.211-9 :
When, before the departure of the buyer, the seller is forced to modify one of the essential elements of the contract, such as a significant price increase, and when he ignores the information obligation mentioned under paragraph 13°, section R. 211-4, the buyer can, without prejudice to any claim for damages, and after having been informed by the seller by any means allowing him to obtain a confirmation of reception:
-either terminate his contract and obtain the immediate refund of the sums paid without penalties;
-or accept the modification or substitution journey proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any decrease in prices is deducted from sums that may remain due from the buyer and, if the payment already made by him exceeds the price of the modified package, the surplus must be refunded to the buyer before the date of his departure.
Section R.211-10 :
In the case mentioned in section L. 211-14, when, before the departure of the buyer, the seller cancels the journey or the holiday, he must inform the buyer by any means allowing him to obtain a confirmation of reception; the buyer, without prejudice to any claim for damages, shall obtain from the seller the immediate refund of any paid amount without penalty. In this case, the buyer shall also receive a compensation of the same amount as the penalty that he would have had to pay if the cancellation had occurred due to him as of that date.
The provisions of this section do not in any way represent an obstacle for concluding an amicable settlement within the parties, leading to the acceptance by the buyer of a substitute journey or holiday offered by the seller.
Section R.211-11 :
When, after the departure of the buyer, the seller is unable to provide a predominant part of the services at the object of the contract and which represent a significant percentage of the price honored by the buyer, the seller must immediately take the following measures without prejudice to any claim for damages:
- either proposing substitutive services and bearing any eventual additional cost. If the services accepted by the buyer are of lower quality than the original ones, the seller shall refund to him the price difference upon his return;
- or, if the seller cannot offer any substitutive service or if these are refused by the buyer for valid reasons, he shall provide to the buyer, at no additional cost, passenger tickets to guarantee his return in conditions that can be judged to be equivalent to the place of departure or to another place accepted by both parties.
The provisions of this section are applicable in the event of non-observance of the obligation provided for under paragraph 13°, section R. 211-4.