TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale shall apply between AKARA, a single-shareholder limited liability company, with a share capital of Euro 10,000, registered at the Bordeaux RCS under the number 815 313 069, with its registered office at 37 rue Jules Verne 33100 BORDEAUX, represented by its Manager, Mr PORTIER

Hereinafter referred to as the "Company",

AND

Any natural or legal person making a purchase from the Company,

hereinafter referred to as the "Client".

These Terms of Sale shall apply to all sales made by AKARA, to all products sold by the Company, regardless of the provisions which the Client’s documents may contain (including its General Terms and Conditions of Purchase).

As a travel agent, these Terms and Conditions of Sale are governed by the French Decree of 14 June 1982 and the Tourism Code. They refer to inseparable general terms and conditions of sale and special sale conditions.

AKARA informs its customers that any booking request relating to one of the proposed programmes entails the observance of all Sales Conditions contained herein as well as of the Special Conditions that may apply to a specific programme or provider.

A sales agreement shall be concluded between the Client and the Company regarding the programme selected by the Client.

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GENERAL TERMS AND CONDITIONS OF SALE

In accordance with Articles R. 211-12 of the French Tourism Code, the text of said provisions is reproduced in full below.

 

Article R211-3


Subject to the exclusions set out in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel or accommodation services shall result in the submission of the appropriate documents meeting the regulations set out in this section.
In case of sale of travel tickets or airline tickets on regular routes not accompanied by services linked to these transportation means, the seller shall send the buyer one or more tickets for the entire trip, issued by the carrier or under its responsibility. In the case of demand-responsive transport, the name and address of the carrier on whose behalf the tickets are issued must be mentioned.
Separate invoices for the various elements of a tourist package does not release the seller from the obligations made under the provisions of this section.

 

Article R211-3-1


Pre-contractual information exchange or the provision of contractual terms and conditions shall be made in writing. This can be done electronically under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the French Civil Code. The name or business name and address of the seller shall be mentioned as well as the details of its registration as provided for in Article L. 141-3 or, where appropriate, the name, address and details of registration of the federation or union referred to in the second paragraph of Article R. 211-2.

 

Article R211-4


Prior to the conclusion of the agreement, the seller must provide the consumer information on prices, dates, and other components of the services provided during the trip or holiday, such as:
1° The destination, means, characteristics and categories of transportation used;
2° The type of accommodation, its location, level of comfort and main features, certification and tourist classification as per the regulations or practices of the host country;
3° Restaurant services offered;
4° If a tour, the description of the itinerary;
5° The administrative and health formalities to be completed by nationals or by nationals of another Member State of the European Union or of a State party to the Agreement on the European Economic Area in case of border crossing and the time of their completion;
6° Visits, excursions and other services included in the package or possible available at an extra cost;
7° The minimum or maximum size of the group for the trip or holiday and, if the trip or holiday is subject to a minimum number of participants, the deadline for informing the consumer in case of cancellation of the trip or holiday; this date cannot be set at less than twenty-one days before the departure;
8° The amount or percentage of the price to be paid as a deposit at the conclusion of the agreement, and the schedule for the payment of the balance;
9° Price adjustment terms as provided for in the agreement pursuant to Article R. 211-8;
10° Agreement cancellation terms;
11° Cancellation terms as set out in Articles. R. 211-9, R. 211-10 and R. 211-11;
12° Information on the optional conclusion of an insurance policy covering the consequences of certain cases of cancellation or of a support contract covering certain specific risks, including repatriation in case of accident or illness;
13° When the contract includes air transportation, information for each flight, pursuant to Articles R. 211-15 to R. 211-18.

 

Article R211-5


Prior information provided to the consumer shall bind the seller, unless the seller expressly reserves the right to amend certain elements. The seller must, in this case, clearly indicate the extent to which these changes may occur and regarding which elements.
In any event, changes to prior information must be communicated to the consumer before the conclusion of the agreement.

 

Article R211-6


 The agreement concluded by and between the seller and the buyer must be in writing in two copies, one of which one is to be delivered to the buyer, and they shall be signed by both parties. When the agreement is concluded electronically, it shall be made pursuant to Articles 1369-1 to 1369-11 of the French Civil Code. The agreement shall include the following clauses:
1° The name and address of the seller, its guarantor and insurer as well as the name and address of the organiser;
2° The journey destination(s) and, where periods of stay are involved, the relevant periods with dates;
3° The means, characteristics and categories of transportation used, the dates and places of departure and return;
4° The type of accommodation, its location, level of comfort and main features, certification and tourist classification as per the regulations or practices of the host country;
5° Restaurant services offered;
6° If a tour, the itinerary;
7° The visits, excursions or other services included in the total price of the trip or holiday;
8° The total price of the invoiced services and details of any possible revision of this invoice under the provisions of article R. 211-8;
9° Details, if applicable, of charges or related fees for certain services such as landing or boarding fees in ports and airports, any tourist taxes if they are not included in the price of the services provided;
10° The schedule and price payment terms; the last payment made by the buyer cannot be less than 30% of the trip or holiday price and must be made when submitting the documents for the trip or holiday;
11° The specific conditions requested by the buyer and accepted by the seller;
12° The manner in which the buyer can make a claim against the seller for non-performance or improper performance of the agreement, which claim that must be sent as soon as possible, by any communication means with acknowledgement of receipt, and, as appropriate, communicated in writing to the organiser of the trip and the concerned service provider;
13° The deadline for informing the buyer in case of cancellation of the trip or holiday by the seller when the trip or holiday completion is subject to a minimum number of participants, in accordance with the provisions of para. 7 of Article R. 211-4;
14° Agreement cancellation terms;
15° Cancellation terms as set out in Articles. R. 211-9, R. 211-10 and R. 211-11;
16° Details of the risks covered and the coverage amount under the insurance contract covering the consequences of the seller's professional liability;
17° Information concerning the insurance contract covering the consequences of certain cases of cancellation signed by the buyer (policy number and name of the insurer), as well as information on the support contract covering certain particular risks, including costs of repatriation in case of accident or illness; in this case, the seller must provide the buyer a document listing at least the risks covered and the risks excluded;
18° The deadline for informing the seller in the event of contract assignment by the buyer;
19° The commitment to provide to the buyer, at least ten days before the date scheduled for his departure, the following information:
a) The name, address and telephone number of the seller’s local representative or, failing this, the names, addresses and phone numbers of local organisations likely to help the consumer in case of difficulty or, failing this, the phone number to call to urgently contact the seller;
b) For trips and stays of minors abroad, a phone number and an address for establishing direct contact with the child or the child’s guardian during the trip;
20° Clause of termination and refund without penalties of the amounts paid by the buyer in case of breach of the information obligation as per para. 13 of Article R. 211-4;
21° The commitment to provide to the buyer in due time before the start of the trip or holiday, the departure and arrival time.

 

Article R211-7


The buyer may assign the agreement to a transferee meeting the same requirements as they do to complete the trip or holiday, as long as this agreement bears no effect.
Unless there is a more favourable provision for the transferor, the latter is required to inform the seller of its decision by any communication means with acknowledgement of receipt no later than seven days before the beginning of the trip. When it is a cruise, this period is extended to fifteen days. This transfer is subject, in any case, to the seller’s prior authorisation.

 

Article R211-8


When the agreement provides explicitly for the possibility of a price revision, within the limits of Article L. 211-12, it shall also indicate the precise calculation methods, either upwards or downwards, including the amounts of transport fees and associated charges, the currencies likely to affect the trip or holiday price, the element of the price subject to variation, and the exchange rate of the currency used as reference when calculating the price listed in the agreement.

 

Article R211-9


Where, before the buyer’s departure, the seller is forced to make a change to one of the essential elements of the agreement, such as a significant price rise, and when in breach of the information obligation as per para. 13 Article R. 211-4, the buyer may, without affecting any claims for compensation to cover any losses incurred, and after being informed by the seller by any communication means with acknowledgement of receipt :

  • either terminate the agreement and obtain without penalties the immediate refund of the amount paid;
  • or accept the modification or replacement journey offered by the seller; an amendment to the agreement listing the changes made is then signed by the parties; any reduction in price is deducted from the amounts due by the buyer, and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be refunded before the departure date.

 

Article R211-10


In the case provided for in article L. 211-14, when, before the buyer’s departure, the seller cancels the trip or the holiday, the latter must inform the buyer by any communication means with acknowledgement of receipt; the buyer, without affecting any claims for compensation to cover any losses incurred, obtains from the seller the full and immediate refund without penalties of the amounts paid; in this case, the buyer receives compensation at least equal to the penalty that it would have had to pay if the cancellation had been made under its responsibility on the same date.
The provisions of this Article shall in no way constitute a barrier to reaching an amicable agreement under which the buyer accepts a replacement trip or holiday offered by the seller.

 

Article R211-11


When, after the buyer’s departure, the seller is unable to provide a significant part of the services listed in the contract, representing a significant percentage of the price paid by the buyer, the seller shall immediately take the following measures without affecting any claim for compensation to cover any losses incurred :

  • either offer new services to replace the planned services, the seller bearing any extra cost involved, and if the services accepted by the buyer are of lesser quality, the seller shall refund the difference in price as soon as the buyer returns ;
  • or, if the seller cannot offer replacement services or if such services are refused by the buyer for valid reasons, provide the buyer, at no extra cost, travel tickets for the buyer’s return to the departure point or to another place accepted by both parties, under conditions that can be considered equivalent.

The provisions of this Article shall apply in case of breach of the obligation referred to in para. 13° Article R. 211-4.

 

SPECIAL CONDITIONS OF SALES

ARTICLE 1 : RESERVATIONS
  • All the products offered by AKARA are valid subject to service providers’ availability.
    The Client must contact AKARA to organise any customised programme, including informing the latter of the expected dates and the potential choices in terms of activities for each programme.
    AKARA must then ensure the availability of its providers and confirm the feasibility of the programme.
    The Client shall be aware that the initial offer does not commit the Company to any availability. This shall be personally confirmed to the Client after verification.

  • In case of agreement on the feasibility of the programme in terms of providers, and of subsequent changes, the Company will then inform the Client by all means within 48 hours.
    In this case, the Company will offer the Client another programme, another provider, or other available dates.
    Should the Client refuse, the Company will refund all amounts paid so as no compensation would be due by either Party.

  • Sales are completed only after the Client’s express acceptance in writing of the Company’s reservation, and after obtaining an acknowledgement of receipt from the provider.
    All orders must be confirmed in writing by means of a purchase order duly signed by the Client.


 

ARTICLE 2 : PRICES
  • The products are provided at the prices in effect the day of the reservation, and, as appropriate, in the commercial proposal sent to the Client. All prices are in Euro and include VAT.
    As the trips' prices are constantly evolving, the Company made the decision to post only estimated prices for each programme. It is up to the Client to then communicate with the Company to find out the precise prices for the selected trip.
  • Prices do not include: administrative fees, tips and personal expenses during the trip, insurance to cover the risks related to the trip or holiday.
  • Any dispute regarding the price of the trip shall not be taken into consideration after the conclusion of the agreement. It is up to the Client to make a decision before the conclusion of the agreement if the price is acceptable by agreeing in principle that it is a fixed price. In particular, prices are the result of the contract prices negotiated with the various providers of AKARA.
  • No future claim shall be made concerning potential promotions to which different providers can agree on some dates: the offered prices concern only the agreements between AKARA and its service providers.
  • If preferential rates for children are set forth, it is expressly stated that the age of the child is between 0 and 12 years.

 

ARTICLE 3 : TERMS OF PAYMENT

The price is payable in full on the day the reservation is made.
The Client may need to pay a deposit. In such cases, the terms of this deposit will be indicated when the order is made.
Any payments will be made in Euros. AKARA cannot be held responsible for changes to the exchange rate between the Euro and the Client’s currency.

 

ARTICLE 4 : EVENTUAL PRICE INCREASE

AKARA has the right to adjust the price in the following cases :

  • Force Majeure, i.e. circumstances beyond its will, for which the Company cannot be held responsible;
  • If the minimum number of participants indicated on the quote is not be reached;
  • In case of changes in the transportation costs (including fuel), fees and charges for services provided, when the increase occurs within the legal timeline of 30 days before the programme beginning date;

If the increase is greater than 10% of the price indicated at the time of the reservation, the customer can cancel the reservation and get a refund of any payments made by informing the Company within 10 days.

 

ARTICLE 5 : LIABILITY OF AKARA - GUARANTEES

It is the responsibility of AKARA to carefully choose its service providers and organise the programme with great rigour. The Company is responsible for the success of the trip, subject to the provisions of Article 6.
Nevertheless, AKARA may need to suggest changes or cancellations for reasons beyond its control.

Changes before the beginning of the travel :

When AKARA is forced to make a change to an essential element of the Client’s holiday, the latter has the following options :

  • either terminate the agreement and obtain without penalties the immediate refund of the amount paid;
  • or accept the modification or replacement holiday offered by the seller. An addendum to the agreement indicating the changes made is then signed by the Parties. Any reduction in price is deductible from the Client’s outstanding amounts, and if the payment already made by the latter exceeds the price of the modified service, the overpayment must be refunded before the departure date.

Changes after the beginning of the travel :

When AKARA is forced to change or cancel certain services referred to in the programme documents (hotel, restaurant, etc.), or even the tours offered, the following terms and conditions shall apply :

  • In the event of cancellation of a service > the only compensation will be the refund for the services not provided and not replaced
  • If the change occurred is of a higher interest > any surcharge will be covered by AKARA
  • If the change occurred is of a lower interest > any difference in price will be refunded to the Client
  • If the change occurred is of an equal interest > it is expressly provided that the changes of an equal quality or the replacement of a visit by another visit of equal interest are not deemed changes to an essential element of the holiday. No financial implication shall apply.

 

ARTICLE 6 : LIABILITY OF AKARA – LIMITATIONS

Whether there is a cancellation or changes to the holiday, AKARA’s liability shall not exist in the following possible situations :

  • Force Majeure

AKARA shall not be held responsible if the programme is not feasible, regardless of the date of cancellation, in Force Majeure events, within the meaning of the statutory definition i.e. all unforeseeable, uncontrollable and external events (which may arise for AKARA or the Client).
In such events, services can be cancelled at the request of the both Parties.
In all Force Majeure events, AKARA shall use all means to deal with the various providers to obtain the refunds of all payments made on behalf of the Client.

  • Fault of the Client

The Company is responsible for the success of the trip without being held responsible for any fault of the Client.

For example:
-  arrival at the train station or at the airport after the meeting time;
-  failure to comply with the administrative, customs and health regulations;
-  failure to arrive at the boarding time, etc.

  • Fault of a third party

Responsibility for transportation : he Company acting as an intermediary between the Client and the carrier does not control any transportation schedule. When changes to schedules or delays in transportation due to the carrier’s fault occur, the Company shall be held liable only if this change in schedule or the delay is not result of a Force Majeure event or of a fault of a third party with no relation to the provision of the services. Schedules of all routes, means types, and itinerary are provided for information purposes only. They may be subject to changes even after confirmation.

Liability of providers : Each provider shall be held responsible to the Client pursuant to the legislation in force or any international treaties establishing such limitations of liability. When the Company was liable of a fault of the local service provider, it shall be limited under the same conditions as those of the provider.

 

ARTICLE 7 : HOTELS AND SERVICES
  • Hotel category : hotel classification by stars or such categories as indicated in the brochure, is carried out by local tourism departments according to standards different form French standards. No matching can be done between the countries, or between the institutions.

  • As a rule, one can occupy the hotel room from 3 pm regardless of the time of arrival of the flight and leave it before 12 pm regardless of the return flight. In any case, there are no exceptions to this rule.

  • Available room types :
    - Single : one single bed. They are subject to charges listed in the provided documents, are limited in quantity, and are often less spacious and less comfortable than other types of rooms.
    - Double : have two single beds or one double bed.
    - Triple : in most cases, the third bed is an additional fold-up bed (basic comfort).
    - Quadruple : in most cases, two additional beds are fold-ups (basic comfort).

  • Children : prices indicated concern children sharing the room with 2 adults (unless otherwise stated). When there are 2 adults and 2 children, if one room cannot accommodate more than 3 people, it shall be requested 2 adjoining or side-by-side rooms (whenever possible) and the adult rate shall apply (unless otherwise stated in the price table).

  • Alcohol abuse can harm your health, consume in moderation.

 

ARTICLE 8 : RESPONSIBILITY OF THE CLIENT

Client’s special requests

Client’s special requests
Any special requests (such as requests for people with disabilities with or without wheelchair, excess baggage, special meals, transport of musical instruments, etc.) should be addressed in writing to the Company as soon as possible.
AKARA shall use all means so as the provider meet any such request. However, AKARA cannot guarantee such request being fulfilled.

Responsibility of the Client for misconduct

The Client is responsible for their misconduct in the performance of the agreement, including :

  • With regards to AKARA
    - Interruption or cancellation :
    Any interrupted stay or that is cut short, or any service not used because of the Client, regardless of the reason, shall not be refunded nor compensated.
    - No-show at departure :
    The Client shall in no way be refunded for the trip if they do not show up at departure.
    - Cancellation after the beginning of the holiday :
    If for any reason the Client cancels their reservations or does not participate in activities after the beginning of the holiday, they shall not be entitled to any refunds.
    - Change of a service after the beginning of the holiday :
    No refund shall be made if the Client requests a service change during the trip.

  • Other
    - Theft : The Client is expressly informed that AKARA shall not be held liable for any incurred theft.
    Only the Client is responsible for their own personal items.
    - Rules of procedure : The Client shall observe any regulations of the hotels where they are staying and shall not show any disrespect during the trip. Otherwise the hotel and/or the Company shall have the right to interrupt the Client’s trip due to anti-social behaviour. In such situation, the Client shall not be entitled to any refund or compensation and shall bear alone all the charges resulting from the interruption of the holiday. Moreover, the Company expressly reserves the right to recover from the Client all compensation that may be required to be paid to other clients due to such anti-social behaviour.

 

ARTICLE 9 : CANCELLATION OF THE TRIP

Pursuant to the provisions of Article L.121-20-4 of the French Consumer Code, none of the services offered by AKARA is subject to the right of withdrawal provided for in Articles L.121-20 and following of the Consumer Code in terms of distance selling.

 

  • Complete cancellation

Any cancellation or changes requested by the Client before the departure shall entail the collection of the following charges per person :

- More than 45 days before departure : no refund
- 45 to 30 days before the departure : 25%
- 30 to 15 days before the departure : 50%
- 15 to 5 days before the departure : 80 %
- Less than 5 days before the departure or no show at departure 100%.

 

  • Partial cancellation

- more than 60 days before the beginning of the programme : the Client may cancel up to 20% of the estimated total without any penalty. For amounts exceeding this percentage, cancellation fees are 50% of the cancelled individual services amount;
- 59 and 30 days before the beginning of the programme: the Client may cancel up to 10% of the estimated total without any penalty. For amounts exceeding this percentage, cancellation fees are 60% of the cancelled individual services amount;
- less than 30 days before the beginning of the programme: the Client may cancel up to 5% of the estimated total without any penalty. For amounts exceeding this percentage, cancellation fees are 80% of the cancelled individual services amount;
- less than 8 days: 100% of the cancellation fee.
Such penalties may only be added to penalties requested by the service providers.
For any reservation for more than one person or for a group, the cancellation or change can be assessed on an individual basis.

 

ARTICLE 10 : TRANSFER OF THE AGREEMENT

The Client may transfer the agreement if the transferee meets the same requirements to complete the trip or the holiday (accommodation means, same travel arrangements, same number of passengers, children within the same age group, etc.).
However, the Client cannot transfer any insurance or support contracts.
The transferor is required to inform AKARA of their decision by any communication means with acknowledgement of receipt no later than 7 days before the beginning of the trip.
Charges in the event of transfer may be incurred if the Company can justify the additional charges that it may incur.
The transferor and the transferee are jointly and severally responsible towards the Company for the payment of the balance of the price and for any additional costs that may arise.

 

ARTICLE 11 : INSURANCE POLICIES
  • Professional Indemnity Insurance : AKARA has undertook an insurance contract covering the professional liability insurance consequences with RC HISCOX FRANCE - 19 rue Louis le grand - 75002 PARIS - in accordance with the legislation in force.
    Damages :
    - Material damages and consequential losses
    - Non-consecutive consequential losses
    - Food poisoning
    - Occupational disease and/or inexcusable conduct
    - Accidental environmental harm
    - Theft by employees

  • Client travel insurance: AKARA informs its clients of the importance of undertaking travel insurances.

 

ARTICLE 12 : COMPLAINTS
  • In accordance with Article L.113-5 of the French Consumer Code, the Company makes available to the clients a phone number, 05.56.32.26.36, where they can call to ensure the performance of their agreement or the processing of a complaint.

  • Any complaint shall be addressed to AKARA, by any communication means with acknowledgement of receipt, accompanied by all supporting documents within 30 days after the date of return.

The response time may vary depending on the situation to be assessed by the Company.

 

ARTICLE 13 : DATA PROTECTION AND FREEDOM OF INFORMATION

Pursuant to the French Law of 6 January 1978, all personal information requested from the Client are necessary for the processing of their order.
In accordance with national and European regulations in force, the Client has a right of permanent access, modification, correction and refusal regarding such personal information. The right of access and correction may be exercised upon request with acknowledgement of receipt addressed to the head office.

 

ARTICLE 14 : DISPUTES

By express agreement between the Parties, these General and Special Terms and Conditions of Sale are governed by the French law. They are prepared in the French language. When translated into one or several other languages, only the French text shall prevail in the event of a dispute.
All disputes which this agreement may give rise relating to the validity, interpretation, performance, termination, consequences and repercussions thereof shall be submitted to the competent courts. In case of dispute with professionals and/or traders, the BORDEAUX (33000) Courts shall have sole jurisdiction.

 

ARTICLE 15 : INTELLECTUAL PROPERTY

Any total or partial representation of this website or its content (general structure, texts, sounds, logos, animated images or pictures), by whichever means, without the prior and express authorisation of AKARA, is strictly forbidden and would constitute an infringement of rights sanctioned by the French Code of Intellectual Property.