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General terms and conditions of sale HDE VOYAGES
Article 1 – Preamble
1.1. Vendor designation
COGITO + is a simplified joint stock company. It specializes in the tourism sector. It owns the HDE Voyages brand.
It is registered with the Registre du Commerce et des Sociétés de SAINT-PIERRE ET MIQUELON under SIRET number 977 609 270 00011, APE code: 79.11Z.
Head office: 9, chemin de l’Obélisque, 97500 SAINT-PIERRE, Telephone: +33 6 01 858226 or 05 08 41 59 82 or from Canada: + (709) 727 1310- E-mail address: contact@hde-voyages.com
It is registered as a travel and holiday operator under number IM975240001.
Its financial guarantor is APST – 15 avenue CARNOT – 75017 PARIS.
Professional liability insurer: ALLIANZ IARD CONTRACT No. CA 000 000 310 486
For information on the French Tourism Code, click here.
1.2 Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the marketing by HDE VOYAGES of tourist and event services provided directly by HDE VOYAGES or by partner service providers, to companies, associations, agencies or persons who are consumers or non-professionals within the meaning of the French Consumer Code or travellers within the meaning of the French Tourism Code and who have the legal capacity to contract (hereinafter referred to as “the Customer(s)”).
1.3. Definitions
Customer: a natural person who is a consumer or non-professional within the meaning of the French Consumer Code, or a traveller within the meaning of the French Tourism Code, or a legal entity that contracts with HDE VOYAGES under these general terms and conditions of sale.
Service: travel services or tourist packages within the meaning of article L. 211-1 of the French Tourism Code, and event services.
Online contract: contract concluded within the framework of the purchase of service(s) on the HDE VOYAGES website .
Distance contract: any contract concluded between a professional and a consumer, as part of an organized distance sales or service provision system, without the simultaneous physical presence of the professional and the consumer, through the exclusive use of one or more distance communication techniques until the conclusion of the contract, excluding the HDE VOYAGES website.
Durable medium: any instrument enabling the consumer or the professional to store information addressed to him personally so that he can refer to it later for a period of time appropriate to the purposes for which the information is intended, and which allows identical reproduction of the information stored (article L. 121-16 of the French Consumer Code).
Groups: A pre-constituted group wishing to reserve one or more identical services for all participants, to which special conditions apply.
Article 2 – Content and scope of application
These general terms and conditions of sale apply by operation of law to all HDE VOYAGES services. They apply to sales via the Internet or other distribution and marketing channels.
Any order or purchase implies unreserved acceptance of these general terms and conditions of sale, which prevail over all other conditions, with the exception of those expressly accepted by the seller and appearing on the booking contract. The customer declares that he/she has read and accepted these terms and conditions of sale before making an immediate purchase or placing an order.
Article 3 – Pandemic COVID19 or other pandemic
In the event of a governmental ban on providing all or part of the service at the chosen location, or a ban due to the gathering of a number of participants less than or equal to the number of participants in the service, the customer may postpone the service for a period of 12 months, or cancel it without charge, in derogation of the present General Terms and Conditions of Sale.
Depending on the new date chosen (e.g. change from low or mid season to high season), a surcharge may be applied. In such cases, HDE VOYAGES will duly justify the increase, and will not apply any increase whatsoever.
HDE VOYAGES reserves the right to unilaterally postpone the service if it considers that maintaining it at the date and location selected could constitute a risk.
HDE VOYAGES will do its utmost to verify compliance with health standards by each of the service providers involved in the service. It is the customer’s responsibility to inform HDE VOYAGES immediately in the event of any failure to comply.
Article 4 – Pre-contractual information
The Customer acknowledges that, prior to placing an order and/or entering into a contract, he/she has been provided, in a legible and comprehensible manner, with the present general and special terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code and article R. 211-4 of the French Tourism Code.
The Customer further acknowledges having been provided with the form taken in application of the decree of March 1, 2018 “fixing the model information form for the sale of trips and stays”.
The information on the website is not contractual; prices may be subject to slight fluctuations throughout the year. The photos on this site are not contractual and are used as illustrations.
Article 5 – Prices
5.1. Final price and additional taxes
The final price is quoted in euros, inclusive of all taxes, per person or as a package. The services included and not included are mentioned on the quotation and the sales contract. Upon signature of the sales contract, the price is firm and definitive. However, in accordance with the law, we may be obliged to modify our prices (see article 5). HDE VOYAGES will endeavour to inform the customer immediately.
When a customer occupies a room intended for two people, he/she will be charged a supplement called “single room supplement”, indicated in the price.
5.2. Terms of payment
The Customer guarantees HDE VOYAGES that he has the necessary authorizations to use the method of payment chosen by him when validating the contract. HDE VOYAGES reserves the right to suspend any reservation management and any execution of services in the event of refusal to authorise payment by bank card by officially accredited organisations or in the event of non-payment of any sum due under the contract.
In particular,HDE VOYAGES reserves the right to refuse to honour a reservation from a Customer who has not paid in full or in part for a previous reservation, or with whom a payment dispute is being administered.
Payments made by the Customer will only be considered final once HDE VOYAGES has actually received the sums due.
The consumer has several means of payment offering optimum security, including the following, depending on the booking channel:
– by bank transfer (transfer charges to be paid by the customer) to our account :
IBAN: FR76 1131 5000 0108 0298 5501 078 (bank charges payable by the customer).
– Secure online payment by credit card. For payment by credit card, we will send you a personal secure link. Payment is 100% secure, fast and can be made 24/7. We accept all major credit cards (VISA, EUROCARD, MASTERCARD).
5.3 Registration, payment and payment deadlines
To confirm a booking, a deposit of 30% of the total cost of the excursions, stay or services must be paid, together with the quotation provided and the order form signed by the customer.
If the trip includes Air Saint-Pierre tickets, full payment of these tickets will also be required at the time of booking.
The balance (70% of the total amount) must be paid no later than 30 days before the first day of the tour. Other arrangements are possible and are specified in the booking contract.
For late bookings (less than 30 days before the start of the service) the full price is due on registration.
Other terms and conditions are possible and are specified in the booking contract.
Should the customer fail to pay the deposit(s) on time, the option will be cancelled. Should the customer fail to pay the balance by the requested date, he will be deemed to have cancelled his stay on the date scheduled for payment of the balance.
Article 6 – Price revision
HDE VOYAGES undertakes to apply the prices in force at the time of booking, subject to availability at that date, but reserves the right to modify its prices under the conditions set out in this article.
In accordance with article L. 211-12 of the French Tourism Code, the price may be modified upwards or downwards after the reservation has been confirmed, to take into account the evolution of
1° Passenger transport prices resulting from the cost of fuel or other energy sources ;
2° The level of taxes or fees on travel services included in the contract, imposed by a third party not directly involved in the execution of the contract, including tourist taxes, landing taxes or embarkation and disembarkation taxes in ports and airports;
3° Exchange rates relevant to the contract.
The Customer will be notified in a clear and comprehensible manner of any price increase applied in application of the preceding paragraph, together with a justification and calculation, on a durable medium, no later than twenty days before the start of the services.
Conversely, the Customer has the right to a price reduction corresponding to any reduction in the costs mentioned in 1°, 2° and 3°, which occurs after the conclusion of the contract and before the start of the trip or stay.
If the increase exceeds 8% of the total price of the package or travel service, the traveler may accept the proposed modification, or request cancellation of the contract without paying cancellation fees and obtain reimbursement of all payments already made.
Article 7 – Reservations
7.1 Remote off-line booking
Reservations are made remotely, by e-mail exchange. The booking process is as follows:
– Drawing up of a quote with a validity date, with communication of these general terms and conditions of sale and acceptance of the quote by the customer;
– Acceptance by HDE VOYAGES in the form of an acknowledgement of receipt and dispatch of the final contract and invoice;
– Payment of the deposit by the customer, signifying acceptance of the conditions and commitment.
For late bookings (less than 30 days before the start of the service), the full price is due on registration.
HDE VOYAGES will then send confirmation of reservation for the service(s) booked, which the customer will give to the service providers during his stay in the form of vouchers.
7.3 Non-payment of all or part of the service
Non-payment of the deposit or of any invoice sent by HDE VOYAGES does not release the customer from his responsibilities under the present contract.
HDE VOYAGES may decide not to honour the tourist service or the service in the event of non-payment without being held liable.
7.4 Special provisions relating to vehicle rental.
In the case of rental including vehicle rental, it is understood that HDE VOYAGES cannot be held responsible for any breach of the Highway Code or any accident that may occur. The entire cost of any damage to vehicles will be charged to the customer, without the latter being able to absolve himself of responsibility.
Article 8 – Quotation of the customer
The customer accepts that his name may be mentioned on the HDE VOYAGES website or that of its partners, or on any other medium that HDE VOYAGES deems useful for the promotion of its activity.
Article 9 – Image capture, films
HDE VOYAGES may take photographs or film the business or group service either directly or through the intermediary of one of its service providers. The customer expressly consents to the use of certain photographs or videos on the communication media of HDE VOYAGES (Facebook, Instagram…) or its partners. The customer must ensure, prior to the event, that all participants likely to be photographed or filmed as part of the event have given their full consent.
HDE VOYAGES undertakes to provide the customer with a copy of the best photos and footage taken. HDE VOYAGES reserves all intellectual and property rights to its production or that of its partners.
Article 10 – No right of retraction
Article L. 221-28 of the French Consumer Code stipulates that the right of withdrawal cannot be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities which must be provided on a specific date or at a specific time. Article L. 221-2 of the French Consumer Code also excludes this option for passenger transport and tourist packages.
HDE VOYAGES avails itself of this absence of right of withdrawal and indicates that for all services falling within the scope of article L. 221-28 or L. 221-2 of the French Consumer Code, the consumer or non-professional Customer will not have any right of withdrawal.
Article 11 – Contract modification
11.1. Modification at the initiative of HDE VOYAGES
HDE VOYAGES may unilaterally modify the clauses of the Contract after its conclusion and before the start of the tourist service, without the Customer being able to object, provided that the modification is minor and that the Customer is informed as soon as possible in a clear, comprehensible and visible manner on a durable medium.
If HDE VOYAGES is forced to unilaterally modify one of the main characteristics of the contract within the meaning of article R. 211-4 of the French Tourism Code, that it cannot meet the particular requirements agreed with the Customer, or in the event of a price increase of more than 8%, it will inform the Customer as soon as possible, in a clear, comprehensible and visible manner, on a durable medium, of the proposed modifications and, if applicable, of their repercussions on the price of the trip or stay; the reasonable period of time within which the Customer must inform HDE VOYAGES of the decision he has made; the consequences of the traveller’s failure to reply within the specified period; if applicable, the alternative service proposed, as well as its price.
If the modifications to the contract or the alternative service result in a reduction in the quality or cost of the trip or stay, the traveler is entitled to an appropriate price reduction.
If the contract is terminated and the Customer does not accept an alternative service, HDE VOYAGES will reimburse all payments made by the Customer or on his behalf as soon as possible, and no later than fourteen days after termination of the contract.
11.2 Customer-initiated modifications
No reimbursement will be made for any service that is shortened or not used by the customer, or that is started late by the customer.
If the customer requests modifications to extend the stay, increase the number of people or purchase additional services, only the price of these modifications will result in additional invoicing. In all other cases, an additional processing fee of 30 euros per person will be charged.
HDE VOYAGES is only liable to the customer for the services sold.
HDE VOYAGES cannot be held responsible for :
– any services subscribed to by the customer other than those invoiced by HDE VOYAGES;
– any modification of services at the customer’s initiative.
In the event that a group having booked a service turns up in a lower number than that provided for in the booking, no reimbursement will be made, except under the conditions and within the deadlines set out in article 13.1 of these general terms and conditions of sale.
In the event of a group arriving in greater numbers than those specified in the reservation, and without the express authorization of HDE VOYAGES resulting in additional invoicing, these additional persons will not be able to take part in the service.
Article 12 – Termination of contract
12.1. Termination of the contract by the Customer
The customer may cancel the contract at any time before the start of the service. In this case, the customer will be required to pay a cancellation fee to HDE VOYAGES, in accordance with the following schedule and unless otherwise specified in the contract:
For individual holidays (excluding air travel):
– Cancellation more than 1 month before the start of services: full refund less a deduction of 90 euros per participant,
– Cancellation between 29 days and 15 days before the start of services: 40% of the total price will be retained.
– Cancellation less than 15 days before the start of services: 100% of the total price (no refund).
–
Special case of air travel: for all tickets already issued, cancellation fees will be equal to 100% of the ticket regardless of the cancellation date.
These cancellation fees will not be due if the contract is cancelled as a result of exceptional and unavoidable circumstances occurring at the destination or in the immediate vicinity of the destination and having a significant impact on the performance of the contract. In this case, THE SELLER will reimburse all payments made, less a deduction of 90 euros per participant.
The customer’s attention is drawn to the fact that the presentation of a number of people lower than that for which the service has been booked may result in the cancellation of the contract.
for which the service has been booked, will be considered as a partial cancellation subject to the
compensation and reimbursement rules of the present article, based on the number of missing
number of missing passengers and according to the date of cancellation.
12.2 Interruption of stay
HDE VOYAGES will not be entitled to reimbursement for any delay or abandonment during the stay. In the event of justified interruption (notably illness, accident, death of a close relative, etc.), the stay will be reimbursed by the insurance, if you have taken out it, on a pro rata basis for unused ground services, after repatriation or early return has been organized. The amount of the insurance remains the property of HDE VOYAGES.
Article 13 – Insurance
In many cases, you are already covered by a comprehensive repatriation assistance insurance policy, notably through your bank if you pay by credit card. However, this type of cover is not always suitable for our trips. Please contact your bank for further information.
The customer undertakes to hold and be up to date with his civil liability insurance to cover any damage he may cause.
No insurance is included in the price of our services.
In accordance with article L. 211-14 of the French Tourism Code, HDE Voyages informs its customers of the importance of taking out insurance to cover risks related to cancellation, interruption of stay, accidents or unforeseen events that may occur before or during the trip (illness, hospitalization, loss of luggage, etc.).
As a travel agency, HDE Voyages offers its European customers a travel insurance solution tailored to their needs, including :
– Cancellation insurance to cover cancellation costs in the event of unforeseen circumstances;
– Assistance/repatriation insurance to cover medical emergencies or early return.
It is the customer’s responsibility to decide whether or not to take out this insurance, or to provide proof if they have opted for other equivalent cover.
Warning: In the event of refusal to take out travel insurance, HDE Voyages cannot be held responsible for the financial or material consequences of unforeseen events occurring before or during the trip.
As a French company, HDE Voyages is unable to offer insurance products to non-European customers. Consequently, to comply with the French Tourism Code, the agency provides the references of two travel insurers dedicated to North American customers.
Article 14 – Assignment of contract
14.1 Possibility for the Customer to assign his contract
The customer may assign his contract to a transferee who meets the same conditions as he does for the trip or stay, as long as the contract has not produced any effect. This does not apply to air tickets.
14.2. Notice of assignment of contract
The Customer may only assign his contract on condition that he informs HDE VOYAGES of his decision by registered letter with acknowledgement of receipt or by any other means no later than seven days before the start of the trip or service, specifying the name and address of the assignee and proving that the assignee meets the same conditions as the Customer for the trip.
Under no circumstances is this transfer subject to prior authorization by the organizer or retailer.
14.3. Solidarity of assignor and assignee
The assigning customer and the assignee are jointly and severally liable for payment of the balance of the price and any additional costs that the assignment may give rise to.
Article 15 – Legal warranty of conformity
15.1. Principle
HDE VOYAGES is the sole guarantor of the conformity of the services to the contract. In this respect, the non-professional or consumer Customer may make a claim under the legal warranty of conformity provided for in articles L. 217-11 et seq. of the French Consumer Code and articles 1641 et seq. of the French Civil Code.
15.2. Implementation of the legal warranty of conformity
The Customer must notify HDE VOYAGES of any defects and/or lack of conformity as soon as possible after the provision of services, in accordance with article L. 211-16 II of the French Tourism Code. This communication must be made, with supporting documents, preferably within 7 days of the end of the services, so that HDE VOYAGES can investigate the problem and assess the reality of the alleged defects effectively and in the interests of both parties.
Any defects and/or faults observed will give rise to rectification, substitution, price reduction or reimbursement as soon as possible, taking into account the extent of the non-conformity and the value of the travel services concerned.
In the event of HDE VOYAGES proposing a replacement service or a price reduction, the traveller may only refuse the other services proposed if they are not comparable to what was provided for in the contract or if the price reduction granted is not appropriate.
HDE VOYAGES ‘ guarantee is limited to the reimbursement of services actually paid for by the consumer or non-professional Customer, and HDE VOYAGES may not be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure or exceptional or unavoidable circumstances.
15.3. Vendor contact details
In accordance with article R 211-6, 4° of the French Tourism Code, the Customer may promptly contact HDE VOYAGES using the contact details set out in article 1.1 “Vendor designation” of these General Terms and Conditions of Sale, in order to communicate effectively with the Vendor, request assistance if the Customer is in difficulty or complain about any non-conformity observed during the execution of the trip or holiday.
Article 16 – Intellectual property
All technical documents, products, drawings and photographs present on the https://hde-voyages.com site and those given to purchasers remain the exclusive property of HDE VOYAGES, the sole holder of the intellectual property rights on these documents, and must be returned to it on request.
Customer purchasers undertake not to make any use of these documents likely to infringe the supplier’s industrial or intellectual property rights and undertake not to disclose them to any third party.
Article 17 – Protection of personal data
17.1. Data collected
As part of its business of selling tourist and event-related Stays and Services, the Vendor implements and operates the processing of personal data relating to Customers and Beneficiaries.
In this respect, HDE VOYAGES collects the following personal data: first name, surname, title, official document (passport or identity card or driver’s license), postal address, e-mail address, telephone numbers, family composition, particulars noted in the contract, payment methods.
17.2. Purpose
The collection of this personal data is essential to the performance of the contract, and in the event of refusal to provide it, the Customer may experience difficulties in the performance of the service, for which HDE VOYAGES may not be held liable.
This personal data is collected for the sole purpose of managing the Vendor’s clientele in connection with the conclusion and execution of the contract, on the basis of the customer’s consent. They are only used for the purposes to which the Customer has consented.
More specifically, the purposes are as follows:
– Identification of persons using and/or booking services
– Formalization of the contractual relationship
– Execution of services booked with HDE VOYAGES
– Management of contracts and reservations
– Communication to partners with a view to the provision of services by the partners concerned
– Accounting, in particular customer account management and customer relationship follow-up,
– Processing of customer management operations,
– Prospecting and/or sending information and promotions to customers
– Preparation of sales statistics
– Development of customer knowledge.
– Newsletter dispatch
17.3. Persons authorized to access data
The persons authorized to access the data collected within HDE VOYAGES are as follows: the employees of HDE VOYAGES and its partners involved in the services requested by the Customer, and where applicable, the subcontracted service providers of HDE VOYAGES involved in the performance and/or administration of the services and being brought to intervene in this respect on the processing, it being specified that in such a case, whether it concerns partners or subcontractors, this is carried out in compliance with the regulations in force.
17.4. Data retention
The personal data collected is kept for the legal retention period relating to the purpose of the processing, and for a maximum of 5 years.
Personal data relating to the customer’s bank card is kept only for as long as is necessary to complete the transaction.
Personal data relating to a prospect who does not conclude a booking contract with HDE VOYAGES is kept for a period of 3 years from the date of collection.
The personal data required to send the newsletter is kept for as long as the customer does not unsubscribe.
HDE VOYAGES implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and HDE VOYAGES cannot guarantee the security of the transmission or storage of information on the Internet.
HDE VOYAGES has formalized the rights and obligations of Customers and Beneficiaries with regard to the processing of their personal data within a document called Privacy Policy or RGPD, accessible at the following address https://www.hde-voyages.com/mentions-legales/ and on request from HDE VOYAGES.
17.5. Rights of the holder of the data collected
Pursuant to the regulations applicable to personal data, each user has the right to query, access, modify, oppose and rectify, on legitimate grounds, the collection and processing of his or her personal data. It is also possible to request that such data be rectified, completed, clarified, updated or deleted.
These rights may be exercised by writing a signed letter to the data controller Patricia Detcheverry, contact@hde-voyages.com or to HDE VOYAGES, 9 chemin de l’Obélisque, 97500 Saint-Pierre, enclosing a copy of your identity card with your request.
The Customer may lodge a complaint with the CNIL at any time, in accordance with the procedures indicated on its website (https://www.cnil/fr).
Article 18 – Language of the contract
The present general terms and conditions of sale are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article19 – Liability
19.1 – Automatic liability of HDE VOYAGES
HDE VOYAGES is fully liable for tourist services contracted under these general terms and conditions of sale. Both the organizer and the retailer are responsible for the proper execution of all travel services included in the contract in accordance with article L. 211-16.
HDE VOYAGES may, however, exonerate itself from all or part of its liability by proving that the damage is attributable either to the Customer, or to a third party unrelated to the provision of the travel services included in the contract and is of an unforeseeable or unavoidable nature, or to exceptional and unavoidable circumstances.
For all types of travel, we reserve the right, in case of necessity :
– pre-route passengers by cab, ferry or bus,
– change the order of excursions,
– substitute one means of transport for another
– substitute a hotel with an establishment of equivalent category.
Under no circumstances will any expenses incurred as a result of these circumstances give rise to compensation.
HDE VOYAGES also reserves the right to modify the dates, times and itineraries scheduled if it deems that the traveller’s safety cannot be guaranteed, without the latter being entitled to claim any compensation whatsoever.
19.2. Limitation of HDE VOYAGES’ liability
In accordance with article L 211-17, IV of the French Tourism Code, the amount of any damages that HDE VOYAGES may be ordered to pay to the Customer for any reason whatsoever shall be limited to three times the total price of the services, excluding taxes, with the exception of personal injury and damage caused intentionally or through negligence.
19.3 Responsibility of HDE VOYAGES concerning luggage
The Customer undertakes not to pack valuables, fragile objects, jewelry or medicines in the luggage. When travelling by coach or on excursions, the customer must never leave luggage, objects or clothing inside the coach (except in the luggage compartments provided for this purpose) or inside the vehicle during stops. Luggage must be labelled with the customer’s surname, first name and telephone number.
HDE VOYAGES cannot be held responsible for theft, damage or loss of luggage during the trip.
19.4 Customer liability
HDE VOYAGES reserves the right to refuse access to the excursions, and in particular to the transport vehicles, to any Customer who is under the influence of alcohol or narcotics or who behaves in a manner that is dangerous both to himself and to others, on the day of the excursion, without compensation.
Each participant is aware that he/she may run certain risks inherent to travel. He/she assumes these risks with full knowledge of the facts, and undertakes not to hold HDE VOYAGES or the various service providers responsible for any accidents that may occur. This also applies to beneficiaries and all family members. HDE VOYAGES cannot be held responsible for an accident due to individual carelessness, a personal error in the itinerary, or a deliberate interruption in the course of progress for no major reason.
In accordance with regulations, we are insured for Professional Civil Liability with the insurance company ALLIANZ. However, we do not accept responsibility for the personal liability of our clients. In addition, it is essential to have comprehensive cover.
Parents are responsible for their minor children.
In the event of damage or deterioration caused by the customer to the transport vehicle, the customer will be entirely responsible for any damage caused. HDE VOYAGES reminds you that, in accordance with article 1384, paragraph 4 of the French Civil Code, parents, insofar as they exercise parental authority, are jointly and severally liable for any damage caused by their minor children living with them, and are therefore financially liable for any damage caused by their minor children.
Article 20- Exceptional and unavoidable circumstances
All events which create a situation beyond the control of either the professional or the traveller, and the consequences of which could not have been avoided even if all measures had been taken, thus preventing the performance under normal conditions of their obligations, are considered to be grounds for exoneration from the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts for more than three months, the present terms and conditions may be terminated by the injured party.
Article 21 – Assistance to the traveller
HDE VOYAGES is responsible for the proper execution of the services provided for in the contract. In this context, if the Customer encounters difficulties, HDE VOYAGES will provide appropriate assistance as soon as possible, taking into account the circumstances of the case.
Article 22 – Accessibility
Despite our best efforts, some services are not accessible to people with reduced mobility. We invite you to enquire about any difficulties you may encounter.
Article 23 – Dispute resolution
23.1 Applicable law
These terms and conditions are governed by French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the Customer shall first contact HDE VOYAGES for an amicable solution.
23.2 Mediation
The Customer may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sector-specific mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The Customer may thus refer the matter to the Tourism and Travel Ombudsman at the following website: https://www.mtv.travel/ or to CNP Médiation in the event that HDE VOYAGES ‘ response to the Customer’s complaint is deemed insufficient or remains unanswered after 60 days.
23.4. Competent jurisdiction
All disputes to which the purchase and sale operations concluded in application of the present general terms and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, and which could not be resolved amicably between the vendor and the Customer, shall be submitted to the competent courts under the conditions of common law. Any dispute arising from the above conditions shall be referred to the Commercial Court of Saint-Pierre et Miquelon.
23.5. Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions shall not be construed as a waiver of the obligation in question for the future.
23.6. Proof
It is expressly agreed that the data contained in the information systems of HDE VOYAGES have evidential value with regard to orders, requests and any other element relating to the use of the Site. They may be validly produced, notably in court, as a means of proof in the same way as any written document.
Article 24 – Linked travel services
If, after choosing a travel service and paying for it, you book additional travel services for your vacation trip or stay through HDE VOYAGES or on its targeted advice, you will NOT benefit from the rights applicable to packages under Directive (EU) 2015/2302 and Article L.211-2 of the French Tourism Code.
However, if you book additional travel services during the same visit or contact with HDE VOYAGES, the travel services will be part of a linked travel service. In this case, HDE VOYAGES has, as required by European Union law, protection in order to reimburse the sums you have paid it for services that have not been performed due to its insolvency.
HDE VOYAGES has taken out insolvency protection with APST,15 avenue CARNOT – 75017 PARIS Travellers may contact this entity if they are refused travel services due to the insolvency of HDE VOYAGES.
Note: this protection against insolvency does not apply to contracts concluded with parties other than HDE VOYAGES which may be performed despite the insolvency of HDE VOYAGES.
