Terms & Conditions
General terms and conditions of sale
GENERALITY
A MOI LA FRANCE is a Canadian corporation, with headquarters located at 400 Atlantic, Montreal, QC and registered under the license No. 800383.
FDNS is a French company, with headquarters based at 1 rue Ambroise Thomas 75009
Paris France, and features in the Paris business register under the reference B 483 315 362. The use of the company’s sites as well as the purchase of travel services or tourism packages offered by A MOI LA FRANCE via FDNS implies full acceptance of these terms and conditions of sale including each of their provisions.
Products being offered are available in small quantities and may be booked in real time. The company hereby notifies the client that a product in display may become unavailable if multiple Internet users are connected to the website at
the same time and are interested in booking the same product. Priority will be given on a first-come, first-served basis. If A MOI LA FRANCE is unable to confirm a reservation due to the non availability of the product requested, the client will be informed by A MOI LA FRANCE via FDNS through e-mail or regular mail, and any sum that has been paid by the client to perform the booking will be subject to immediate reimbursement.
1. PRICING
The price of sample travel offers and tourism packages published on www.amoilafrance.com must be confirmed upon registration. Rates may be subject to error or omission. Pricing is listed in Euros and has been determined in accordance with the prevailing economic context and may be changed, prior to or following registration. Canadian and american dollars are estimated prices given for information only. Any changes in the economy, including fluctuations in currency exchange rates or changes in rates involving transport, fuel, etc. may lead to changes in pricing. A MOI LA FRANCE disclaims any responsibility for the additional cost associated with exchange rate applied by banks, depending on the country. The client must be informed of these changes as soon as possible and should be given a minimum notice of 30 days. The client may cancel the travel contract within eight days after receiving such notice, and will be eligible for a complete refund if changes in currency exchange rates or an increase in the cost of transportation result in an increase exceeding 10% of the price that was initially agreed upon through the signature of the registration contract.
2. RESERVATIONS AND PAYMENT
Our prices are provided for reference and may be subject to error or omission. Tourism package bookings shall become effective upon receipt of full payment through our secure payment system. All purchases are charged and debited in Euros. A MOI LA FRANCE shall consider upon receipt of this sum that the client accepts the terms, conditions, benefits and prices of the purchased holiday. The client will be unable to claim to have purchased a product by error given that he/she must personally enter the necessary information in order to perform his/her booking.
Payment methods:
Regardless of the payment method (online or by phone), following registration the client may either pay the full cost of the holiday, including all options, or may decide to deposit 30% of the total price together with the booking fee and an optional cancellation insurance. In this case the client must pay the remaining balance no later than 30 days before the holiday’s starting date without requiring follow-up from A MOI LA FRANCE. If a client fails to submit due payment for a product within 30 days before the start of a booked holiday, A MOI LA FRANCE via FDNS reserves the right to cancel the client’s registration and consequently apply the cancellation conditions specified for this purpose, as defined below.
- If a booking is made less than 30 days before a holiday’s starting date, full payment must be submitted upon reservation.
- If a booking is made less than 10 days before the start of a purchased holiday, A MOI LA FRANCE reserves the right to confirm the client’s order only upon presentation of valid identification from the purchaser as well as a copy of the credit card used for purchase. Copies of these documents may be submitted to the company by fax or e-mail.
3. REQUIRED PROCEDURES
The travel agency will inform the client of the requirements for travel. Performing these required procedures is the sole responsibility of the client. The administrative and health requirements sent to our clients only concern travelers holding the French nationality and are subject to change. The client may not request a refund if he/she fails to show up at the specific times and places that have been indicated.
4. REQUIRED PROCEDURES FOR YOUNG TRAVELLERS
Parents or guardians are responsible for any incidents or accidents caused by a minor under their custody. They must sign the registration form corresponding to the minor’s booking and must submit a written authorization. A MOI LA FRANCE can not be held responsible in case of refusal by the host of a group of unaccompanied minors adult
5. MODIFICATION OR CANCELLATION BY THE ORGANISER
A MOI LA FRANCE will send a confirmation letter to clients having booked a holiday online. A MOI LA FRANCE may nevertheless change certain elements of the holiday and will in this case notify
the client who may accept or refuse the replacement trip within 8 days following the receipt of this notification. In case a purchaser does not accept the modifications, A MOI LA FRANCE will issue a complete refund. A MOI LA FRANCE is responsible for ensuring that a holiday progresses smoothly, but may not be held liable for acts of God, cases of force majeure or conditions due to third parties. Nevertheless, even in these specific cases, A MOI LA FRANCE will strive to seek solutions in order to overcome the difficulties encountered. In cases in which the vendor is forced to significantly modify an essential element of the holiday or if the trip is canceled by the organiser, the client may request any of the following compensations within a period of seven days after having received notification: - the client may choose to terminate the contract and obtain full and immediate reimbursement of any sums paid or may accept the modification or the replacement trip offered by the company. In
this case, an additional clause will be submitted for approval and signature, detailing the changes applied as well as any tariff changes. The client will not be eligible for compensation if the cancellation is the result of circumstances involving force majeure or for reasons involving passenger safety.
The client may not claim any compensation if the holiday cancellation is due to an insufficient number of participants
21 days prior to departure.
FDNS acts independently from its service providers, who have established their own terms and conditions in regard to their passengers and are subject to the liability regulations corresponding to their respective business activity, as well as to the national legislation and/or international agreements establishing the limitation of their liability and additional standards. Our company may therefore not be held responsible for technical issues encountered by our partners that would result in the cancellation or modification of a travel itinerary or a holiday package.
6. CANCELLATION BY THE CLIENT
In case of cancellation, the client must notify the vendor by registered email. Cancellations will be effective upon reception of notification by email. Regardless of the date in which the cancellation occurs, the booking fee that has been paid to A MOI LA FRANCE shall not be refunded. Cancellation by the client will result in the following charges :
- Cancellation more than 45 days prior to departure will generate a cancellation fee of 50 € i.e 65$US/67$CAD (estimed price)
- Cancellation between 45 days and 30 days prior to departure: 30% of the total price of the holiday will be immediately payable.
- Cancellation between 29 days and 15 days prior to departure, 50% of the total price of the holiday will be immediately payable.
- Cancellation less than 15 days prior to departure, 100% of the total price of the holiday, including options, will be payable to A MOI LA FRANCE.
WARNING
Special conditions for independent tour operators: Cancellation more than 35 days prior to departure will generate a cancellation fee of 45 €. Cancellation less than 35 days prior to departure will generate a cancellation fee that is equivalent to 100% of the total price of the holiday.
Special conditions for independent tour operators: Cancellation more than 35 days prior to departure will generate a cancellation fee of 45 €. Cancellation less than 35 days prior to departure will generate a cancellation fee that is equivalent to 100% of the total price of the holiday.
In any case, the corresponding sums may not be used to pay another holiday.
Beyond a holiday’s starting date, said holiday will be considered as fully executed and will not be eligible for refund. Should the client not present himself/herself for the holiday at all, the company will keep 100% of the total cost of your holiday, including any purchased optional products. Absolutely no airfares may be refunded if travelers do not present themselves at the given day, time and location specified for their flight.
Cancellation of chalet bookings will result in a non-refundable 30% deposit fee.
7. LIABILITY OF TRANSPORT CARRIERS
The liability of companies participating in the travel options offered through this brochure, as well as their representatives, agents or employees in cases of damage, complaints or claims is exclusively limited to the sole transportation of passengers and their respective luggage as specified in their terms and conditions. The organiser will not be liable for the responsibilities of French or foreign carriers providing passenger transportation or transfer services. In terms of air travel, the passenger’s airline ticket constitutes the sole agreement between the airline and the
ticket purchaser. The airline assumes the sole responsibility for all damages that may occur to passengers, their animals and their luggage.
8. SECURITY DEPOSIT
The purchaser may be required to make security deposits on site, particularly for accommodation and equipment rental purposes. The client shall establish a contract directly with each of the providers concerned and shall submit the relevant security deposit without engaging the participation and responsibility of A MOI LA FRANCE.
The security deposit is intended to ensure the provider that the premises and/or equipment will be returned in good condition at the end of the purchased holiday.
9. INSURANCE
You have the option of subscribing to cancellation insurance and/or repatriation insurance for your holiday. Our company provides a brochure listing the risks covered by our partnering insurance company.
10. VOUCHER / BON D'ECHANGE
This brochure is not a contractual document. Clients may download a departure voucher from their account prior to departure. This voucher lists all services purchased. Clients must keep this document with them at all times during travel and be able to submit it upon request. This document is required in order to benefit from the services that have been purchased.
11. FORCE MAJEURE
The travel agency is responsible for ensuring that a holiday progresses smoothly, but may not be held liable for acts of God, cases of force majeure or conditions due to third parties. Nevertheless, even in these specific cases, the agency will strive to seek solutions in order to overcome the difficulties encountered.
12. QUALITY OF TRAVEL
Any written report mentioning a breech of contract observed on site must be submitted by the client to the reception and must also be submitted within one week in writing or any other appropriate means to FDNS, the travel retailer and the trip organizer A MOI LA FRANCE, together with all the necessary supporting documents. We remind our clients that A MOI LA FRANCE is not liable for any personal belongings forgotten inside their accommodation or transportation means.
13. CLAIMS
Any claims relating to travel or to a purchased holiday must be submitted in writing to the reception during the holiday and subsequently sent through registered email with acknowledgment of receipt to A MOI LA FRANCE. Claims must be received no later than eight days after the ending date of the purchased holiday. No claim will be processed if it has not been previously submitted during the holiday to the hotel or residence reception.
No claim will be received regarding tariffs. Prices set by A MOI LA FRANCE via FDNS are a global rate. The client accepts a rate after having evaluated whether it seemed adequate in accordance with the services being offered.
If a client is not satisfied with the services provided by A MOI LA FRANCE, his/her claim will only be considered if it was previously submitted to the service provider on site.
14. SERVICE MODIFICATIONS
A MOI LA FRANCE seeks to provide as much detail as possible concerning its products. The description of available apartments and hotel rooms has therefore been established during our visits. It is possible that there may have been some changes after our visit (amenities, service qualities). A MOI LA FRANCE via FDNS will inform its clients as much as possible of these changes either personally or by updating its website. A MOI LA FRANCE will not be held responsible for any of these modifications. A MOI LA FRANCE may additionally not be held liable for the non-availability of services or infrastructure due to reasons beyond its control.
15. ADMINISTRATIVE FEE
An administrative fee of 15 Euros applies to bookings performed online and 26 Euros for bookings made by phone.
16. HOLIDAY PACKAGE MODIFICATIONS
A client may request to make changes (subject to availability) to a purchased holiday package or may exchange it for a different package. In this case, the client must inform A MOI LA FRANCE by email. A 40€ (i.e 52$US / 53.6$CAD) fee will apply to these changes.
17. BAGGAGE
The owner will be entirely responsible for his/her own baggage and will be its sole guardian. A MOI LA FRANCE may not be held responsible for loss of baggage. In case of baggage loss, the client will not be authorized to request a refund.
18. JURISDICTION
Exclusive jurisdiction for any dispute arising out or in connection with these terms and conditions shall be given to the commercial courts and tribunals of the town accommodating the headquarters of A MOI LA FRANCE.
General Terms of Sale
These general terms of sale were established in accordance with Decree No. 94-490 of June 15, 1994 issued under the terms of section 31 of Act No. 92-645 issued on July 13, 1992. Sections 95-103 of the decree are reproduced below for reference. These terms do not apply to bookings or sales operations that fall beyond the scope of holiday package
sales.
Art. 95 - Subject to the exclusions detailed in the second paragraph (a and b) of article 4 of the above mentioned law of 13 July 1992, any offer or sale of travel services or holidays will result in the issue of documents that conform to the regulations here defined. In the case of the sale of tickets for air travel or tickets for scheduled travel not accompanied by services usually associated with such travel, the vendor will supply the purchaser with one or several tickets for the totality of the trip offered by the carrier or under the carrier’s responsibility. In the case of travel by request the name and address of the carrier on behalf of whom the tickets are being issued must be stated. Separate billing for different parts of the same holiday package shall not release the vendor from compliance with the obligations stated herein.
Art. 96 - Prior to the finalisation of a contract the vendor must provide the purchaser, in written form and on a document that includes mention of the vendor’s trading name, address and operating licence, with information on the price, dates and other aspects of the services provided as part of the travel or accommodation arrangements, such as :
1° the destination, the types, the characteristics and the categories of transport used ;
2° the type of accommodation, its location, level of comfort and main characteristics, its authorisation and its tourist classification on the basis of the regulations or the practices of the host country ;
3° the kinds of meals to be provided ;
4° the description of the route if the package is a touring holiday ;
5° the administrative and health formalities that must be completed especially when crossing borders, as well as the time periods within which such formalities must be completed ;
6° Les visites, excursions et les autres services inclus dans le forfait ou éventuellement disponibles moyennant un supplément de prix ;
7° the maximum and minimum size of the group for the trip or holiday to go ahead and in the event that the holiday or trip is subject to a minimum number of participants, the date by which customers will be notified of cancellation; the cancellation date must not be less than 21 days before departure ;
8° the amount or percentage of the price payable as a deposit on signing the contract, and a payment schedule for the remainder ;
9° the arrangements by which the prices stipulated in the contract may be revised, in application of article 100 of this decree ;
10° the contractual cancellation conditions ;
11° the cancellation conditions defined in articles 101, 102 and 103 hereinafter ;
12° the details of the risks covered and the amounts guaranteed under the insurance policy covering professional civil liability in the case of travel agencies and civil liability in the case of non-profit-making associations and organisations and local tourism organisations ;
13° information about the option of taking out insurance to cover the consequences of certain cases of cancellation or certain specific risks such as repatriation expenses in the event of accident or illness.
Art. 97 - Prior information provided to the purchaser constitutes an obligation for the vendor, unless the vendor has expressly reserved the right to modify certain elements in the prior information. In this case, the vendor must clearly indicate the effects of such modifications as well as those elements which are affected. In any case, the purchaser must be informed in writing of any modifications made to the prior information before the contract is signed.
Art. 98 - The contract between the vendor and the purchaser must be in written form, in two copies, one of which is provided to the purchaser, and signed by both parties. It must include the following clauses :
1° the names and addresses of the vendor, the vendor’s guarantor and the vendor’s insurer, as well as the name and address of the organiser ;
2° the travel destination or destinations, and, in the case of a holiday split into different periods, the dates of the periods ;
3° the means of transport used, their characteristics and categories, with the dates, times and places of departure and return ;
4° the type of accommodation, its location, level of comfort and main characteristics, its authorisation and its tourist classification based on the regulations or the practices of the hosting country ;
5° the number of meals to be provided ;
6° the itinerary in the case of a tour ;
7° the visits, excursions or other services included in the total price of the trip or the holiday ;
8° the total price of the billed services, and an indication of any revision of this billed price by virtue of the provisions of article 100 below ;
9° A description where relevant of any fees or taxes associated with certain services such as taxes on landing, embarking or disembarking in ports and airports or temporary residence taxes, where they are not included in the price of the service (s) provided ;
10° A payment schedule and description of the payment method; the last payment made by the purchaser may in no case be less than 30% of the price of the trip or holiday and must be made when the documents making the trip or holiday possible are delivered ;
11° the supplementary conditions requested by the purchaser and accepted by the vendor ;
12° the arrangements by which the purchaser may make a claim against the vendor in the event that the vendor fails to carry out the provisions of the contract or does so unsatisfactorily. Such claims must be sent as soon as possible by registered letter with acknowledgement of receipt to the vendor, and may be sent by letter to the trip organiser and the service provider ;
13° the date by which the purchaser must be informed in the event that the trip or holiday is cancelled by the vendor if a minimum number of participants is required for the trip or holiday, in accordance with the provisions of item 7 in abovementioned article 96 ;
14° the contractual cancellation conditions ;
15° the cancellation conditions defined in articles 101, 102 and 103 hereinafter ;
16° details of the risks covered and the amounts guaranteed under the insurance policy covering the consequences of the vendor’s professional civil liability ;
17° Details of the insurance policy covering the consequences of certain cases of cancellation taken out by the purchaser (policy number and name of the insurer) and the policy covering certain specific risks, such as repatriation in the event of accident or illness; where such a policy has been taken out, the vendor must provide the purchaser with a document specifying at least the risks covered and those not covered ;
18° the date by which the vendor must be informed if the contract is transferred by the purchaser ;
19° a commitment to provide the purchaser with the following information in writing, at least 10 days before the planned departure date: a) the name, address and telephone number of the vendor ’s local representative, or, failing this, the names, addresses and telephone numbers of local organisations likely to help the purchaser in case of difficulty, or, failing this, a telephone number by which the vendor can be contacted in an emergency; b) for trips and holidays for minors abroad, a telephone number and an address where the child or the responsible adult can be contacted at the destination.
Art. 99 - The purchaser may transfer the contract to a transferee who fulfils the same conditions as the purchaser in terms of the trip or holiday, as long as the contract has no effect. In the absence of stipulations that are more favourable to the transferor, he or she shall inform the vendor of his or her decision by registered letter with acknowledgement of receipt seven days before the departure date at the latest. In the case of a cruise, this period is extended to fifteen days. In no case is such a transfer subject to the prior approval of the vendor.
Art. 100 - When the contract provides explicitly for the possibility of price revision, within the limits defined in article
19 of the abovementioned law of 13 July 1992, it must state the precise calculation methods for variations in price, either upwards or downwards, including the amounts of transport fees and associated taxes, the currency or currencies which could affect the price of the trip or the holiday, the element of the price subject to variation, and the rate of the currency or currencies used as a reference when calculating the price featured in the contract.
Art. 101 - If the vendor is forced to modify one of the essential elements of the contract, such as a significant price rise, before the purchaser’s departure, the purchaser may, without issuing any claims for compensation to cover any losses incurred, and after being informed by the vendor by registered letter with acknowledgement of receipt: either cancel the contract and obtain full and immediate reimbursement of any sums paid or accept the modification or the replacement trip offered by the vendor. An amendment to the contract specifying the changes being made must then be signed by both parties. Any discount is deducted from the sums still payable by the purchaser, and if the payments already made by the purchaser exceed the modified price for the service, the excess must be repaid to the purchaser before the date of his or her departure.
Art. 102 - In the case provided for by Article 21 of the abovementioned law of 13 July 1992, when a vendor cancels the trip or the holiday before the purchaser’s departure, the vendor must inform the purchaser by registered mail with acknowledgement of receipt; the purchaser, without issuing any claims for compensation for losses incurred will obtain from the vendor the full and immediate refund of any sums paid; in this case, the purchaser receives compensation at least equal to the penalty he or she would have had to pay if the cancellation had been generated by him/her on the same date. The provisions of this article in no way constitute an obstacle to the reaching of an amicable agreement under which the purchaser accepts a replacement travel product or holiday offered by the vendor.
Art. 103 - If, after the purchaser’s departure, the vendor finds it impossible to provide a significant part of the services agreed in the contract, representing a non-negligible percentage of the price paid by the purchaser, the vendor must immediately proceed to the following steps, without issuing any claim for compensation to cover any losses incurred: either offer new services to replace the planned services, the vendor bearing any extra cost involved, and if the services accepted by the purchaser are of lesser quality, the vendor must reimburse the difference in price as soon as the purchaser returns or, if the vendor cannot offer replacement services or if such services are refused by the purchaser
for valid reasons, the vendor must supply to the purchaser, at no extra cost, travel tickets for the purchaser’s return to the departure point or to another place accepted by both parties, under conditions that may be considered equivalent to the original purchase.
Invoices must be paid at least 30 days before the purchaser’s departure date or in accordance with the terms of the specific contract established between the purchaser and the vendor. In the event of late payment by the client, A MOI LA FRANCE via FDNS reserves the right to suspend any service or booking in progress to said client without prejudice to its right to initiate any other action. Any sum outstanding on the due date specified in the invoice shall result in the application of penalties in an amount of one and a half times the legal interest rate that is currently in force. These penalties are payable by virtue of a simple notice issued by A MOI LA FRANCE. In any case, payments may not be suspended and are not subject to any compensation without the prior written consent of A MOI LA FRANCE via FDNS. If, after the purchaser’s departure, the vendor is forced to modify certain essential elements of the purchased holiday, the client may request reimbursement for those services not received or replaced.
The client in this case reserves the right to change the course of his/her trip. If the trip is canceled due to circumstances of force majeure or for reasons referring to traveler safety, the client may not issue any claim for compensation.