General terms and conditions

ARTICLE 1 – PREAMBLE AND PURPOSE

The COZYFRANCE company offers individuals (hereinafter individually referred to as “Customer” or collectively “Customers”) tailor-made or standard day discoverytours in Savoie and Haute-Savoie.

The purpose of these general conditions is to govern the relationship between COZYFRANCE and the Customer and define the respective rights and obligations of the parties.

The Customer acknowledges having read all the provisions of these general conditions before signing the contract and accepts them without restriction or reservation.

It is specified that in case of contradiction between the terms of these general conditions and those of the quote, the terms of the quote will prevail.

Article 2 – reminder of the provisions of the tourism code

In accordance with the provisions of Article R.211-12 of the Tourism Code, the following are reproduced: Articles R.211-3 to R.211-11 of the Tourism Code applicable to travel contracts:

Article R211-3

Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel or stay services shall give rise to the provision of appropriate documents that comply with the rules defined by this Division.

In the event of the sale of air transport tickets or regular line transport tickets not accompanied by services connected with such transport, the seller shall issue to the buyer one or more transit tickets for the whole journey, issued by or under the responsibility of the carrier. In the case of carriage on demand, the name and address of the carrier on whose behalf the tickets are issued shall be indicated.

Separate invoicing of the various elements of the same package does not exempt the seller from the obligations imposed on him by the regulations of this section.

Article R211-3-1 
The exchange of pre-contractual information or provision of contractual terms shall be in writing. They may be carried out electronically under the conditions of validity and exercise provided for in Articles 1125 to 1127-6, 1176 and 1177 of the Civil Code. The name or business name and address of the seller and the indication of his registration in the register provided for in a of Article L. 141-3 or, where applicable, the name, the address and indication of the federation or union registration referred to in the second paragraph of Article R. 211-2.
Article R211-4 

Prior to the conclusion of the contract, the seller must communicate to the customer the information on the prices, dates and other components of the services provided during the trip or stay such as:

1° The destination, means, characteristics and categories of transport used;

2° The mode of accommodation, its situation, its level of comfort and its main characteristics, its approval and its tourist classification corresponding to the regulations or uses of the host country;

3° The catering services offered;

4° The description of the itinerary in the case of a circuit;

5° The administrative and health formalities to be carried out 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 the event, in particular, the crossing of borders and their deadlines for completion;

6° Visits, excursions and other services included in the package or possibly available at an additional cost;

7° The minimum or maximum size of the group allowing the completion of the trip or stay and, if the completion of the trip or stay is subject to a minimum number of participants, the deadline for informing the customer in the event of cancellation of the trip or stay; this date may not be set less than 21 days before departure;

8° The amount or percentage of the price to be paid as a deposit at the conclusion of the contract and the schedule for payment of the balance;

9° The terms and conditions for revising prices as provided for in the contract in application of article R. 211-8;

10° Contractual cancellation terms;

11° The cancellation conditions defined in Articles R. 211-9, R. 211-10 and R. 211-11;

12° Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or of an assistance contract covering certain specific risks, in particular repatriation costs in the event of an accident or illness;

13° When the contract includes air transport services, the information, for each flight section, provided for in articles R. 211-15 to R. 211-18.

Article R211-5 

Prior information given to the customer binds the seller, unless the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent this change may occur and on what elements.

In any case, changes to the prior information must be communicated to the customer before the conclusion of the contract.

Article R211-6

The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which is delivered to the buyer, and signed by both parties. Where the contract is concluded electronically, Articles 1125 to 1127-6, 1176 and 1177 of the Civil Code shall apply. The contract must include the following clauses:

1°The name and address of the seller, its guarantor and its insurer as well as the name and address of the organizer;

2°The destination or destinations of the journey and, in the case of a split stay, the different periods and their dates;

3°The destination, means, characteristics and categories of transport used;

4°The mode of accommodation, its situation, its level of comfort and its main characteristics, its approval and its tourist classification corresponding to the regulations or uses of the host country;

5°The catering services offered;

6°The description of the itinerary in the case of a circuit;

7°Visits, excursions and other services included in the total price of the trip or stay;

8°The total price of invoiced services and the indication of any possible revision of this invoicing under the provisions of article R. 211-8;

9°The indication, if applicable, of charges or taxes relating to certain services such as landing, disembarkation or embarkation taxes in ports and airports, tourist taxes when they are not included in the price of the provided service;

10°The schedule and terms of payment of the price; the last payment made by the buyer may not be less than 30% of the price of the trip or stay and must be made when submitting the documents allowing the trip or stay;

11°Contractual cancellation conditions;

12°The terms according to which the buyer may bring a claim against the seller for non-performance or poor performance of the contract, a complaint which must be sent as soon as possible, by any means allowing an acknowledgment of receipt to be obtained from the seller, and, where applicable, reported in writing to the trip organizer and the service provider concerned;

13°The deadline for informing the buyer in the case of cancellation of the trip or stay by the seller in the event that the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7 ° of article R. 211-4;

14°Contractual cancellation terms;

15°The cancellation conditions provided for in Articles R. 211-9, R. 211-10 and R. 211-11;

16°Details concerning the risks covered and the amount of the guarantees under the insurance contract covering the consequences of the seller’s professional civil liability;

17°Information concerning the insurance contract covering the consequences of certain cancellation cases taken out by the buyer (policy number and name of the insurer) as well as information concerning the assistance contract covering certain specific risks, in particular repatriation costs in case of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;

18°The deadline for informing the seller in the event of transfer of the contract by the buyer;

19°The commitment to provide the buyer, at least ten days before the date scheduled for his departure, the following information:

1. a) The name, address and telephone number of the seller’s local representative or, the names, addresses and telephone numbers of local organizations likely to assist the customer in the event of difficulty or, the call-in number to establish emergency contact with the seller;
2. b) For travel and stays of minors abroad, a telephone number and an address enabling direct contact to be established with the child or the person responsible on the spot for his or her stay;

20° The clause for termination and reimbursement without penalties of the sums paid by the buyer in case of non-compliance with the obligation of information provided for in 13 ° of Article R. 211-4;

21° The commitment to provide the buyer, in good time before the start of the trip or stay, with departure and arrival times.

Article R211-7 

The buyer may assign his contract to an assignee who meets the same conditions as him to make the trip or stay, as long as this contract has no effect.

Unless more favourable stipulation is made to the transferor, the transferor is required to inform the seller of his decision by any means allowing an acknowledgment of receipt to be obtained no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This transfer is not subject, under any circumstances, to prior authorization from the seller.

Article R211-8 

When the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it must mention the precise methods of calculating, both upward and downward, price variations, and in particular the amount of transport costs and related taxes, the currency (s) that may have an impact on the price of the trip or stay, the part of the price to which the variation applies, the rate of the currency (s) used as a reference when establishing the price appearing in the contract.

Article R211-9 
When, before the buyer’s departure, the seller is forced to make a modification to one of the essential elements of the contract such as a significant increase in the price and when he disregards the obligation of information mentioned in 13 ° of article R. 211-4, the buyer may, without prejudice to recourse for compensation for any damage suffered, and after having been informed by the seller by any means allowing to obtain an acknowledgement of receipt:

-either terminate their contract and obtain immediate reimbursement of the sums paid without penalty;

-or accept the modification or the replacement trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any price reduction is deducted from any sums still owed by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of his departure.

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 stay, he must inform the buyer by any means allowing to obtain an acknowledgment of reception; the buyer, without prejudice to recourse for compensation for any damage suffered, obtains immediate reimbursement from the seller without penalty of the sums paid; the buyer receives, in this case, compensation at least equal to the penalty he would have incurred if the cancellation had been made by him on that date.

The provisions of this article shall in no way preclude the conclusion of an amicable agreement having as its object the acceptance, by the buyer, of a substitute trip or stay offered by the seller.

Article R211-11
When, after the buyer’s departure, the seller is unable to provide a preponderant part of the services provided for in the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudge remedies for any possible damage suffered:

-either offer services to replace the planned services, possibly bearing any additional price and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him, upon his return, for the price difference;

-or, if he cannot offer any replacement service or if these are refused by the buyer for valid reasons, provide the buyer, without additional cost, with tickets to ensure his return in conditions which may be considered equivalent towards the place of departure or towards another place accepted by both parties.

The provisions of this article are applicable in the event of non-compliance with the obligation provided for in 13 ° of article R. 211-4.

Article 3 – details of the proposed services

The destination as well as the proposed itinerary are detailed in the estimate drawn up by COZYFRANCE, being specified that all the circuits are aimed at Savoie or Haute-Savoie, no border crossing is planned.

Departure and arrival times are only indicative, with the exception of tailor-made tours, and COZYFRANCE reserves the right to modify them, in which case it undertakes to communicate the final schedules to the Customer no later than the day before the service for standard circuits.

Excursions are open to groups of up to six (6) people. If the Customer issues a request for a larger group, support is possible but subject to the availability of suitable means of transport, to be confirmed in advance by COZYFRANCE, and may give rise to an increase in the proposed price.

The minimum number of participants is indicated for each circuit.

Transport is provided by COZYFRANCE directly from and to the place agreed with the Customer. Transport costs, including fuel, are included in the fixed price indicated in the estimate.

No accommodation is provided, the services being provided over one day.

For each day, lunch is included in a restaurant named in the quote. Breakfast and dinner are not included.

No administrative or health formalities are to be expected, unless otherwise indicated.

All tours, excursions and other services offered are detailed in the quotation, being specified that their cost is included in the total cost of the quotation, without charge.

COZYFRANCE invites the Customer to take note of these characteristics.

Article 4 – realisation of the agreement

All Services, whether standard or tailor-made, are subject to a prior quotation detailing the service and the price offered by COZYFRANCE, this quotation is valid for one (1) month unless otherwise stated.

The prices and information given in the catalogues, prospectus or on the website are given only for information by COZYFRANCE, only the quotation is authentic.

The photographs or illustrations are non-contractual.

The contract shall be deemed formed upon receipt of the estimate validated by the Customer at the head office of COZYFRANCE, by post or e-mail and payment of the deposit or of the full price in case of reservation within ten (10) days.

Article 5 – no right of withdrawal

The Customer’s attention is drawn to the fact that, in accordance with the provisions of article L221-18 12 ° of the Consumer Code, the right of withdrawal cannot be exercised for contracts for catering or leisure activities which must be provided on a specific date or period.

Article 6 – cancellation or modification of the service

• Due to COZYFRANCE

– Modification :

In the event that COZYFRANCE finds itself, before departure, forced to make a modification to one of the essential elements of the contract or unable to comply with one of the essential elements of the contract as a result of an external event , the Customer may, without prejudice to recourse for compensation for any damage suffered, and after having been informed thereof by COZYFRANCE by any means allowing an acknowledgment of receipt to be obtained:

– either end the contract and obtain immediate reimbursement of the sums paid without penalty;

– or accept the modification or the substitution circuit proposed by COZYFRANCE, in which case an amendment to the contract specifying the modifications made will then be regularized by the parties, being specified that any price reduction will be deducted from the sums possibly remaining due by the Customer and , if the payment already made by the latter exceeds the price of the modified service, the overpayment will be returned to him before the departure date.

In the event that COZYFRANCE would find itself, after departure, unable to provide a preponderant part of the services provided for in the contract representing a significant percentage of the price paid by the Customer, COZYFRANCE will immediately take the following measures without prejudice to recourse in compensation for any damage suffered:
– either offer services to replace the services provided, possibly bearing any additional price, being specified that if the services accepted by the Customer are of inferior quality, COZYFRANCE will reimburse him, upon his return, for the price difference;

– or, if no replacement service can be offered or if these are refused by the Customer for valid reasons, ensure the return of the Customer, at no additional cost, under conditions that may be deemed equivalent to the place of departure or to another location agreed to by both parties.

– Cancellation :

In the event that COZYFRANCE cancels, without fault of the Customer, the circuit before departure, COZYFRANCE will inform the Customer by any means allowing to obtain an acknowledgement of receipt and will refund immediately and without penalty the Customer of all the sums paid, if the parties fail to reach an agreement on a circuit or a substitution date, without prejudice to the damages that the Customer may claim.

• Due to the Customer:

– Modification :

Any modification at the Customer’s request, after acceptance of the quote, will be subject to the express and prior agreement of COZYFRANCE and may result in an additional cost which will then be indicated to the Customer for tailor-made circuits, being specified that standard circuits cannot not be modified at the request of the Customer.

For organizational reasons, no modification will be accepted less than seven (7) before the date of the discovery day.

In addition, the interruption of the service by the Customer during the day or his renunciation to benefit from certain services or certain visits offered and the price of which was included in the package will not give rise to any refund, even partial.

– Cancellation :
In case of cancellation by the Customer more than ten (10) days before the date scheduled for the discovery day, for whatever reason, in particular but not exclusively in the event of illness, cancellation or postponement of his stay, the deposit paid by the latter will be retained by COZYFRANCE as a penalty.

In case of Customer’s cancellation in less than ten (10) days before the date scheduled for the discovery day, for whatever reason, in particular but not exclusively in the event of illness, cancellation or postponement of his stay, the Customer will be liable for all the sums provided for in the estimate which will be kept by COZYFRANCE.

The cancellation must take place before midnight (00:00) taking into account the number of full days remaining before the start date of the service.

This cancellation policy is applicable for each of the participants in the day, according to the number communicated by the Customer and included in the quote, including in the event that the day is maintained with the other participants of the same group.

Article 7 – customer’s obligations

The Customer acknowledges and warrants that he is over 18 years and the legal capacity to contract with COZYFRANCE.

Minor participants must be accompanied by an adult.

The Customer is informed that no animals will be accepted.

The Customer undertakes to:
– provide COZYFRANCE with accurate information, including their personal identification data, a valid e-mail address, a telephone number and exact bank details;

– provide COZYFRANCE with information and particularities concerning all the participants in the discovery day likely to affect its progress and allowing COZYFRANCE to organize the excursion as best as possible: last name, first name, age, person with reduced mobility, food allergy, intolerance, etc …

– update the information provided in case of a change;

– respect the schedules communicated to him by COZYFRANCE;

– maintain a correct and respectful attitude towards the other members of the group and the providers met during the day.

Article 8 – prices and payment

A deposit of thirty percent (30%) of the total amount is required when booking the tour, whether it is a standard tour or a custom tour, unless otherwise specified in the quote.

The balance will be due no later than ten (10) days before the scheduled Discovery Day date.

In the case of a reservation less than ten (10) days before the date scheduled for the discovery day, the Customer must pay the full price at the time of booking.

In case of non-payment of the deposit at the time of the reservation or of all the sums in case of reservation within ten (10) days, the contract will not be formed and the scheduled date for the circuit will not be reserved, which the Customer expressly acknowledges.

In case of non-payment of the balance, the contract will be considered as cancelled by the Customer and COZYFRANCE will be entitled to demand payment of the cancellation indemnity as provided for in article 6.

Prices are in €uros, net and inclusive of all taxes for individuals.

Invoices are drawn up in accordance with the quotation and are payable upon receipt by cheque, online payment, bank transfer, cash (in euros only, within the limit of €1000) or credit card.

In case the Customer makes a reservation, without having made the payment of the previous reservation(s), COZYFRANCE may refuse to perform the service, without the Customer being able to claim any compensation, for any reason whatsoever.

Article 9 – liability and insurance

9.1.      Responsibility
COZYFRANCE is liable for any direct damage likely to occur during the service offered and caused by its acts or omissions or by any of its agents, employees, servants, agents, contractors or others, with the exception of those resulting from the fault of the Customer, the fault of a third party foreign to the provision of the services provided for in the contract, or a case of force majeure.

The Customer is strongly recommended not to take valuables but only the effects strictly necessary for the smooth running of the day. COZYFRANCE declines all responsibility in the event of loss or theft during the day, the Customer is solely responsible for his personal effects.

9.2.      Insurance
19 rue Louis Le Grand – 75002 Paris.

The risks covered and the amounts guaranteed are as follows:

For any other risk, covering in particular cases of cancellation or repatriation costs in case of accident or illness, the Customer is invited to take out his own insurance or his own assistance contract.

Article 10 – personal data

The Customer authorises COZYFRANCE to store personal information concerning him, for the performance of the services offered, the automated profiling of Customers, customer management, market research.

The Customer also authorises COZYFRANCE to transmit his personal data to the professionals who contribute to the proper performance of the services with the Customer.

Finally, the personal data communicated by the Customer may be used by COZYFRANCE for commercial prospecting purposes for services similar to those already provided by COZYFRANCE.

These treatments were the subject of a declaration to the CNIL (receipt no. 2085179 of 18/07/2017).

The Customer is informed that, in accordance with the law of 6 January 1978 known as the “Data Processing and Freedoms” law, as amended by the law of 6 August 2004, he has the right to access and correct the data concerning him and can exercise by contacting COZYFRANCE at the following postal address: 388 route des Murailles 74230 MANIGOD or by e-mail: claire@cozyfrance.com

He may also, for legitimate reasons, object to the processing of data.

Article 11 –  Force majeure

Toute inexécution par COZYFRANCE de l’une quelconque de ses obligations en raison de la survenance d’un événement de force majeure, à savoir un événement extérieur aux parties, irrésistible et imprévisible, qui empêche ou rend anormalement difficile l’exécution de l’obligation en cause, n’engagera pas sa responsabilité.

Article 12 –  Cession

Any non-performance by COZYFRANCE of any of their obligations due to the occurrence of a force majeure event, namely an event external to the parties, irresistible and unpredictable, which prevents or makes abnormally difficult the performance of the obligation in question, will not engage their responsibility.

Article 12 – transfer

COZYFRANCE reserves the right to transfer the benefit of these General Conditions of Sale to any other legal entity, in case of merger, absorption, transfer of the business or business or branch of activity or any other transaction resulting in a change of co-contracting party, which the customer expressly accepts. The transferee will then be fully subrogated to COZYFRANCE in the rights and obligations resulting from these General Terms and Conditions of Sale.

For his part, the Customer has the possibility of assigning this contract to any person of his choice who would meet the same conditions as him to carry out the discovery day, as long as the contract has no effect.

In such a case, the Customer is required to inform COZYFRANCE of his decision by any means allowing an acknowledgment of receipt to be obtained no later than seven (7) days before the start of the discovery day.

Article 13 – non-waiver

The fact, for COZYFRANCE, not to apply, not to require the application or not to avail themselves of any of the provisions of these General Terms and Conditions of Sale cannot be interpreted as a waiver to invoke this provision or any other.

Article 14 – amendments to these general terms and conditions

COZYFRANCE reserves the right to modify the provisions of these General Conditions at any time and without notice.

The travel contract will thus be governed by the version of the general terms and conditions of sale attached to the estimate drawn up by COZYFRANCE and accepted by the Customer.

Article 15 – independence of clauses

In the event that one or more stipulations of these conditions are held to be invalid, the validity of the other stipulations cannot be called into question unless they are inseparable from the invalidated provision.

Article 16 – full agreement of the parties

These General Terms and Conditions of Sale and the quotation sent to the Customer constitute a contractual package and constitute the entire agreement between the Parties.

Article 17 – claims

The Customer who has complaints about the course of the day must send them, as soon as possible, to COZYFRANCE, by any means allowing to obtain an acknowledgement of receipt to the seller, and, if necessary, report them in writing, to the relevant service provider.

In this regard, it is strongly recommended that the Customer have COZYFRANCE acknowledge any failure in the performance of the contract on site and in writing.

Complaints relating to a subjective assessment of the Customer, apart from any objectively observed breach, will not be taken into consideration.

COZYFRANCE will make its best efforts to process complaints within four (4) weeks from the date of receipt.

Article 18 – applicable law and jurisdiction

18.1 These General Terms and Conditions of Sale are subject to French law.

18.2 In case of a dispute concerning these General Terms and Conditions or the performance of the proposed service, the Customer is informed that he may use a free consumer mediator, external to COZYFRANCE, for the amicable resolution of the dispute, after the failure of an attempt to settle directly with COZYFRANCE in accordance with the procedure described in Article 17, in accordance with the provisions of the Consumer Code.

The Customer can contact the Tourism and Travel Mediator, whose contact details and referral procedures are specified on the following site: www.mtv.travel

In the absence of mediation, the jurisdictional competence is that of the French courts.

The competent court will be appointed according to the procedural rules in force in France at the time of the dispute.