Agency Isabella's Travels is a member of the Cooperative of Activities and Employment “Odyssée du Voyage”, which enables it to carry out its tourism activity.

SIRET 825 171 465 00040 – APE 7911Z, registered by Atout France under licence number IM037170002, whose registered office is located at 1 Impasse du Palais, 37000 TOURS, represented by its manager Laetitia DETURCK-GARNON.

Intra-Community VAT number: FR08-825171465

Financial guarantee: UNAT, 8 rue César Franck, 75015 Paris

Professional civil liability insurance: HISCOX, 12 quai des Queyries – CS 41177 – 33072 Bordeaux, Contract No. HA RCP0333365

GENERAL TERMS AND CONDITIONS OF SALE

Article 1 – Preamble

Article 1.1. Identification of the Seller
SARL Odyssée du voyage
Cooperative of Activity and Employment – Travel Agency
Registered office: 4 rue Gambetta, 37000 TOURS – SARL with a share capital of €7,536 –
Siret 825 171 465 00032 –
Registered with Atout France under No. IM037170002
Financial guarantee: UNAT, 8 rue César Franck, 75015 PARIS, France
Professional civil liability insurance: HISCOX, 12 quai des Queyries – CS 41177 – 33072 Bordeaux, France: contract No. HA PRC0254478
Telephone: 06 61 46 53 89
Email: contact@odyssee-du-voyage.coop
Legal representative: Mrs Laetitia Deturck Garnon
Hereinafter referred to as “Odyssée du Voyage”

Article 1.2. Purpose
These general terms and conditions are intended to define the rights and obligations of the parties in the context of the marketing by Odyssée du Voyage of tourist services provided directly by it or by partner service providers, intended for persons having the status of consumers or non-professionals within the meaning of the Consumer Code or of travellers within the meaning of the Tourism Code and having the legal capacity to contract (hereinafter referred to as “the Client(s)”).

Article 1.3. Definitions
Client: natural person having the status of consumer or non-professional within the meaning of the Consumer Code, or of traveller within the meaning of the Tourism Code, who contracts with Odyssée du Voyage under these general terms and conditions of sale.
Service: travel service or package tour within the meaning of Article L. 211-1 of the Tourism Code.
Online contract: contract concluded in the context of the purchase of service(s) on an Internet website.
Distance contract: any contract concluded between a professional and a consumer, within the framework of an organised system of distance selling or provision of services, without the simultaneous physical presence of the professional and the consumer, by the exclusive use of one or more means of distance communication until the conclusion of the contract/quote, excluding the website of Odyssée du Voyage.
Durable medium: any instrument enabling the consumer or Odyssée du Voyage to store information addressed personally to them so that they can refer to it subsequently for a period of time appropriate to the purposes for which the information is intended and which allows the identical reproduction of the stored information (Article L. 121-16 of the Consumer Code).

Article 2 – Content and Scope of Application
These general terms and conditions of sale apply automatically to all services sold or offered for sale by Odyssée du Voyage.
They apply to sales made through all 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 that have been expressly accepted by Odyssée du Voyage and appear on the signed reservation contract/quote.
The Client declares that they have read these general and special terms and conditions of sale and have accepted them before making their reservation and concluding the signed contract/quote.

Article 3 – Pre-contractual Information
The Client acknowledges having received, prior to placing their order and/or concluding the signed contract/quote, in a clear and comprehensible manner, these general and special terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code as well as in Article R. 211-4 of the Tourism Code.
The Client further acknowledges having received the form adopted pursuant to the Order of 1 March 2018 “setting the model information form for the sale of travel and stays”.

Article 4 – Price

Article 4.1. Final Price and Additional Taxes
The final price is announced in euros, all taxes included (TTC) per person or in the form of a package in the case of groups. It may be calculated according to the number of participants.
The price includes the elements indicated in the signed quote/contract.

Article 4.2. Payment Terms
The Client guarantees to Odyssée du Voyage that they have any authorisations that may be necessary to use the method of payment chosen by them when validating the contract/signing the quote.
Odyssée du Voyage reserves the right to suspend any reservation management and any performance of the services in the event of refusal of authorisation of payment by bank card by the officially accredited organisations or in the event of non-payment of any sum due under the contract.
Payments made by the Client will only be considered final after effective collection of the sums due by Odyssée du Voyage.
The Client has several means of payment offering optimal security from among the following, depending on the type of service reserved, as indicated in the special terms and conditions of sale:
a. by credit or private bank card (Carte Bleue, Visa card, Eurocard/Mastercard),
b. by bank cheque,
c. by bank transfer (transfer fees payable by the Client),
d. by holiday vouchers,
e. in cash.

Article 5 – Price Revision
Odyssée du Voyage undertakes to apply the rates in force indicated at the time of reservation but reserves the right to unilaterally modify its prices under the conditions set out in this article.
In accordance with Article L. 211-12 of the Tourism Code, the price may thus be modified upwards or downwards after validation of the reservation to take into account changes in:
1° The price of passenger transport resulting from the cost of fuel or other sources of energy;
2° The level of taxes or fees on the travel services included in the signed contract/quote, imposed by a third party not directly participating in the performance of the contract, including tourist taxes, landing or embarkation and disembarkation taxes at ports and airports; or
3° Exchange rates related to the contract.
Any application of a price increase pursuant to the preceding paragraph will be notified clearly and comprehensibly to the Client and accompanied by a justification and a calculation, on a durable medium, no later than twenty days before the start of the services.
Reciprocally, the Client is entitled to a price reduction corresponding to any decrease in the costs mentioned in 1°, 2° and 3° that occurs after the conclusion of the signed contract/quote and before the start of the trip or stay.
In the event of a price decrease, Odyssée du Voyage is entitled to deduct its actual administrative expenses from the refund due to the Client. At the Client’s request, Odyssée du Voyage provides proof of these administrative expenses.
If the increase exceeds 8% of the total price of the package or travel service, the Client may accept the proposed modification or request termination of the contract without paying any termination fees and obtain a refund of all payments already made.

Article 6 – Reservations
The reservation conditions are described in the special terms and conditions of sale. The payment of the deposit is specified in the quote provided to the Client before their reservation.

Article 7 – Absence of Right of Withdrawal
Article L. 221-28 of the Consumer Code provides that the right of withdrawal cannot be exercised for contracts for the provision of accommodation services other than residential accommodation, goods transport services, car rental, catering or leisure activities that must be provided on a specific date or during a specific period. Article L. 221-2 of the Consumer Code also excludes this right for passenger transport and package tours.
Odyssée du Voyage relies on this absence of right of withdrawal and states that for all services falling within the scope of Article L. 221-28 or L. 221-2 of the Consumer Code, the Client will have no right of withdrawal.

Article 8 – Modification of the Contract

Article 8.1. Modification at the Initiative of Odyssée du Voyage
Odyssée du Voyage has the possibility of unilaterally modifying the clauses of the Contract after its conclusion and before the start of the tourist service, without the Client being able to object, provided that the modification is minor and that the Client is informed as quickly as possible in a clear, comprehensible and prominent manner on a durable medium.
If Odyssée du Voyage is obliged to unilaterally modify one of the main characteristics of the contract within the meaning of Article R. 211-4 of the Tourism Code, if it cannot meet the special requirements agreed with the Client, or in the event of a price increase of more than 8%, it shall inform the Client as soon as possible, in a clear, comprehensible and prominent manner, on a durable medium: of the proposed modifications and, where applicable, of the repercussions on the price of the trip or stay; of the reasonable period within which the Client must communicate their decision to Odyssée du Voyage; of the consequences of the traveller’s failure to respond within the set period; where applicable, of the alternative service proposed, as well as its price.
Where the modifications to the Contract or the substitute service result in a reduction in the quality of the trip or stay or in its cost, the traveller is entitled to an appropriate price reduction.
If the contract is terminated and the Client does not accept another service, Odyssée du Voyage shall refund all payments made by or on behalf of the Client as soon as possible, and no later than fourteen days after the termination of the contract.

Article 8.2. Modification at the Initiative of the Client
Any stay shortened or not consumed due to the Client, or started late due to the Client, shall not give rise to any refund.
Odyssée du Voyage undertakes towards the Client only with regard to the services sold.
The following shall not engage the liability of Odyssée du Voyage:

• any service subscribed by the Client other than that invoiced by Odyssée du Voyage;
• any modification of the services at the Client’s initiative.
  Any modification must be accepted in writing and expressly by Odyssée du Voyage. The modification may be subject to an additional charge, which will be announced to the Client before proceeding.

Article 9 – Termination of the Contract

Article 9.1. Termination of the Contract by the Client
The Client has the possibility of terminating the contract at any time before the start of the service. For this termination to be valid, they must inform Odyssée du Voyage by email or by post.
In this case, Odyssée du Voyage will ask the Client to pay termination fees and may retain all or part of the deposits or balance already paid, according to the schedule corresponding to the service.
The cancellation schedule is indicated in the special terms and conditions of sale.
These resolution fees will not be due if the contract is terminated as a result of exceptional and unavoidable circumstances occurring at the place of destination or in its immediate vicinity and having significant consequences on the performance of the contract. In this case, Odyssée du Voyage will proceed with a full refund of the payments made, without however giving rise to any additional compensation.
The date of cancellation is the date of receipt by Odyssée du Voyage of the Client’s request, which does not have to be justified.

Article 9.2. Termination of the Contract by Odyssée du Voyage
Odyssée du Voyage has the possibility of terminating the contract at any time before the start of the service.
The Client will be entitled to additional compensation corresponding to that which the Client would have had to bear if the termination of the contract had occurred due to them, under Article 9.1 of these general terms and conditions of sale.
However, Odyssée du Voyage will not be liable for any additional compensation if the termination of the contract occurs in the following two cases:

1. The number of persons registered for the trip or stay is lower than the minimum number indicated in the contract. In this case, Odyssée du Voyage notifies the termination of the contract to the Client by email or by post within the period set by the signed contract/quote, according to the following schedule:

• twenty days before the start of the trip or stay in the case of trips lasting more than six days;
• seven days before the start of the trip or stay in the case of trips lasting from two to six days;
• forty-eight hours before the start of the trip or stay in the case of trips lasting no more than two days;

1. Odyssée du Voyage is prevented from performing the contract due to exceptional and unavoidable circumstances. In this case, Odyssée du Voyage notifies the termination of the contract to the traveller by email or by any written means as soon as possible before the start of the trip or stay.

Article 10 – Assignment of the Contract

Article 10.1. Possibility for the Client to Assign their Contract
The Client has the possibility of assigning their contract to an assignee who fulfils the same conditions as them in order to benefit from the services, provided that this contract has not yet produced any effect.

Article 10.2. Notice Period for Assigning the Contract
The Client may only assign their contract on condition that they inform Odyssée du Voyage of their decision by any means enabling an acknowledgement of receipt to be obtained no later than seven days before the start of the trip. This assignment is in no case subject to prior authorisation from Odyssée du Voyage.

Article 10.3. Joint and Several Liability of the Assignor and the Assignee
The assigning Client and the assignee are jointly and severally liable for payment of the balance of the price and any additional costs that the assignment may generate.

Article 11 – Legal Guarantee of Conformity
The consumer or non-professional Client must communicate to Odyssée du Voyage any defects and/or lack of conformity as soon as possible from the provision of the services, in accordance with Article L. 211-16 II of the Tourism Code. This communication must be made, with supporting documents, preferably within a period of 7 days following the end of the services, so that Odyssée du Voyage can investigate the problem and assess the reality of the alleged defects effectively and in the interest of both parties.
The defects and/or vices observed will give rise to rectification, substitution, price reduction or refund as soon as possible, taking into account the importance of the non-conformity and the value of the travel services concerned.
In the event of a proposal by Odyssée du Voyage of 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.
The guarantee of Odyssée du Voyage is limited to the refund of the services actually paid for by the consumer or non-professional Client and Odyssée du Voyage cannot be considered liable or in default for any delay or non-performance consecutive to the occurrence of a case of force majeure or exceptional or unavoidable circumstances.
In accordance with Article R. 211-6, 4° of the Tourism Code, the Client may quickly contact Odyssée du Voyage at the contact details appearing in Article 1.1 “Identification of the Seller” of these general terms and conditions of sale, in order to communicate with it effectively, request assistance if the Client is in difficulty or complain about any non-conformity observed during the performance of the trip or stay.

Article 12 – Protection of Personal Data

Article 12.1. Data Collected
In the context of its activity of selling Stays and tourist Services, Odyssée du Voyage implements and operates processing of personal data relating to Clients and Beneficiaries.
In this respect, Odyssée du Voyage collects the following personal data: first name, last name, title, postal address, email address, telephone number, family composition, particulars noted in the contract, payment methods, dates of birth.

Article 12.2. Purpose Pursued
The collection of this personal data is essential for the contractual performance and in the event of refusal to communicate it, the Client exposes themselves to difficulties in the performance of the service which cannot give rise to the engagement of the liability of Odyssée du Voyage.
This personal data is collected for the exclusive purpose of ensuring the management of the Clientèle of Odyssée du Voyage in the context of the conclusion of the contract and its performance, on the basis of the Client’s consent. It is used only for the purposes to which the Client has consented.
More precisely, the purposes are as follows:
● Identification of persons using and/or reserving the services
● Formalisation of the contractual relationship
● Performance of the services reserved with Odyssée du Voyage
● Management of contracts and reservations (in particular room allocation, management of travel)
● Communication to partners with a view to the performance of the services by the partners concerned
● Accounting, in particular management of Client accounts and monitoring of the Client relationship
● Processing of operations relating to Client management
● Commercial communications and prospecting, animation.

Article 12.3. Persons Authorised to Access the Data
The persons authorised to access the data collected within Odyssée du Voyage are the following: the employees of Odyssée du Voyage and its partners intervening on the services requested by the Client, and where applicable, the subcontractors of Odyssée du Voyage participating in the performance and/or administration of the services and being required to intervene in this capacity on the processing, it being then specified that in such a case, whether partners or subcontractors, this is carried out in compliance with the regulations in force.

Article 12.4. Retention of Data
This personal data collected is retained for the legal retention period relating to the purpose of the processing and for a maximum of [5 years].
Personal data relating to the Client’s bank card is retained exclusively for the period necessary for the completion of the transaction.
Personal data relating to a prospect who does not conclude a reservation contract with Odyssée du Voyage is retained for a period of 3 years from its collection.
Personal data necessary for the sending of the newsletter is retained for as long as the Client does not unsubscribe, when a newsletter is offered.
Odyssée du Voyage implements organisational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and Odyssée du Voyage cannot guarantee the security of the transmission or storage of information on the Internet.
Odyssée du Voyage has formalised the rights and obligations of Clients and Beneficiaries with regard to the processing of their personal data in a document called [Name given], accessible at the following address: [address] and on request from Odyssée du Voyage.

Article 12.5. Rights of the Holder of the Collected Data
In application of the regulations applicable to personal data, each user has a right of interrogation, access, modification, opposition and rectification, for legitimate reasons, to the collection and processing of their personal data. It is possible to request that this data be rectified, completed, clarified, updated or erased.
These rights may be exercised by writing a signed letter to the data controller, at [name and email of the data controller], attaching a copy of your identity document to your request.
Odyssée du Voyage has designated a Data Protection Officer (DPO): Laetitia Deturck-Garnon.
At any time, the Client may lodge a complaint with the CNIL according to the procedures indicated on its website (https://www.cnil.fr).

Article 12.6. Modification of the Clause
Odyssée du Voyage reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, Odyssée du Voyage undertakes to publish the new version on its website, and will also inform users of the modification by email, within a minimum period of 15 days before the effective date.

Article 12.7. Opposition to Telephone Solicitation
You have the option of registering on the list of opposition to telephone solicitation on the following website: http://www.bloctel.gouv.fr/.

Article 13 – Insurance
Our professional civil liability insurer guarantees us against the pecuniary consequences of professional civil liability as set out in Articles L. 211-16 and L. 211-17 of the Tourism Code.
The guarantee also covers damage caused to travellers, service providers or third parties as a result of faults, errors of fact or law, omissions or negligence committed in the context of the offer, organisation and sale of our services, whether by our own act or by that of our employees, salaried and non-salaried staff.
The Client undertakes to hold and keep up to date their civil liability insurance to cover any damage they may cause.
We offer optional insurance in partnership with ASSUREVER. All information relating to this optional insurance is provided with the quote, in particular the insurance product information document.

Article 14 – Minor Children
When minors, unaccompanied by a parent or other authorised person, travel on the basis of a contract for tourist services including accommodation, Odyssée du Voyage must communicate information enabling direct contact to be established with the minor or the person responsible for the minor at the place of stay of the minor.

Article 15 – Liability of Odyssée du Voyage

Article 15.1 – Strict Liability
Except for sales to professionals and services performed by Odyssée du Voyage, Odyssée du Voyage is strictly liable for the tourist services contracted under these general terms and conditions of sale.
Odyssée du Voyage may, however, be exempted from all or part of its liability by proving that the damage is attributable either to the Client, or to a third party unrelated to the provision of the travel services included in the contract, or to exceptional and unavoidable circumstances.
Odyssée du Voyage as well as the retailer are responsible for the proper performance of all travel services included in the contract in accordance with Article L. 211-16.

Article 15.2. Limitation of Liability
In accordance with Article L. 211-17, IV of the Tourism Code, the amount of any damages that Odyssée du Voyage may be ordered to pay to the Client for any reason whatsoever shall be limited to three times the total price excluding taxes of the services, with the exception of personal injury and damage caused intentionally or by negligence.

Article 16 – Exceptional and Unavoidable Circumstances
Any event that creates a situation beyond the control of Odyssée du Voyage as well as of the Client 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 as grounds for exemption from the obligations of the parties and entail 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.

Article 17 – Assistance to the Traveller
Odyssée du Voyage is responsible for the proper performance of the services provided for in the contract. In this context, if the Client is confronted with difficulties, Odyssée du Voyage will provide appropriate assistance as soon as possible, having regard to the circumstances of the case.
Odyssée du Voyage will be entitled to charge a reasonable price for this assistance if this difficulty is caused intentionally by the traveller or by their negligence. The price charged will not exceed the actual costs incurred by the organiser or the retailer.

Article 18 – Accessibility
Despite all our efforts, certain services are not accessible to persons with reduced mobility. We invite you to enquire in the event of mobility difficulties.

Article 19 – Settlement of Disputes

Article 19.1. Applicable Law
These general terms and conditions are subject to the application of French law. This applies to both substantive and procedural rules.

Article 19.2. Mediation
The Client may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
The Client may thus refer the matter to the Tourism and Travel Mediator on the following website: https://www.mtv.travel/ or to MTV Médiation tourisme voyage, BP 80 303 – 75 823 Paris Cedex 17 in the event that the response provided by Odyssée du Voyage to the Client on their complaint is considered insufficient or remains unanswered after 60 days.

Article 19.3. Online Sales
In the event that the service has been purchased online by the Client, the latter is informed that they have the option, in accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, of lodging a complaint and selecting a dispute resolution body on the following website:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.

Article 19.4. Evidence
It is expressly agreed that the data contained in the information systems of Odyssée du Voyage have evidential force with regard to orders, requests and any other element relating to the use of the Site. They may be validly produced, in particular in court, as a means of proof in the same way as any written document.

Article 20 – Linked Travel Arrangements
If, after having chosen a travel service and paid for it, you book additional travel services for your trip or holiday stay through Odyssée du Voyage, you will NOT benefit from the rights applicable to packages under Directive (EU) 2015/2302 and Article L. 211-2 of the Tourism Code.
However, if you book additional travel services during the same visit or the same contact with Odyssée du Voyage, the travel services will form part of a linked travel arrangement.
In this case Odyssée du Voyage has, as required by European Union law, protection in order to refund the sums that you have paid to it for services that have not been performed due to its insolvency.
Odyssée du Voyage has taken out insolvency protection with UNAT, 8 rue César Franck, 75015 PARIS, France. Travellers may contact this entity if the travel services are refused to them due to the insolvency of Odyssée du Voyage.
Note: this insolvency protection does not apply to contracts concluded with parties other than Odyssée du Voyage which may be performed despite the insolvency of Odyssée du Voyage.

Article 21 – Information [see Special Terms and Conditions of Sale below]

Administrative and Health Formalities
Whatever the destination and the countries visited, you must check that each of the travellers (including children and babies) is in possession of a biometric passport with integrated chip and digital photo, valid for at least 6 months after the return date of the trip as well as any other document(s) (visa, ESTA authorisation, family record book, authorisation to leave the territory, etc.) necessary and compliant with the requirements for transiting and/or entering the country(ies) of the trip and/or transit.
The national identity card alone is not accepted as proof of identity even for stays in Europe making stopovers exclusively in the countries of the European Community.
Odyssée du Voyage provides this information for all French nationals. It is the responsibility of each traveller to check that their documents, in particular administrative and health documents, required for the completion of the trip, are in compliance with the information provided by the organiser, it being specified that it is the responsibility of the person who concluded the travel quote/contract to relay the information relating to the formalities to each of the travellers registered for the trip. Odyssée du Voyage cannot under any circumstances be held responsible for the consequences of non-compliance by each traveller with police, customs or health regulations. A traveller who is unable to take a form of transport (in particular a flight) due to failure to present the required documents mentioned on the sales contract that was given to them cannot claim any refund.
Foreign nationals are invited to consult their consular authority.
For the formalities and information of the country(ies) of the trip, the organiser advises you to consult the sheets of the countries visited during your trip, available on the website of the Ministry for Europe and Foreign Affairs (MEAE) www.diplomatie.gouv.fr, section “Advice to Travellers/Advice by country”.
The organiser draws attention to the fact that the information may change up to the date of departure and advises travellers to consult it regularly. The organiser may be required, for certain destinations, to have the MEAE sheet of the country(ies) visited or crossed signed, under its information obligation. This request does not constitute a discharge of liability.
https://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs/
Odyssée du Voyage provides the health information available at the time of conclusion of the contract. It is recommended to regularly consult the information disseminated by the competent authorities on the health risks of the country(ies) of your trip and to follow the recommendations and health measures to combat these risks accessible on the websites http://solidarites-sante.gouv.fr (French Ministry of Solidarities and Health) or www.who.int/fr (World Health Organization).

Passenger Information
For the organisation of the Client’s trip, certain countries and/or service providers (in particular customs authorities, airlines and shipping companies, etc.) require the transmission of certain of your personal data in order to complete forms and/or comply with instructions relating to their reservation and/or control system.
For this purpose, Odyssée du Voyage is obliged to communicate to these service providers, and for each traveller (including children and babies) the following data: surname, first name(s), gender, date of birth, nationality, postal address as they appear on the passport that you will use for your trip and to complete transit or entry authorisations (visa, ESTA, etc.) as well as an email and telephone contact.
ATTENTION: the Client must communicate the same information above (surname, first name(s), date of birth and gender) identically in order to complete all other forms required for the completion of the trip, in particular with flights on American companies or for a trip with transit or destination to the USA. Failure to comply with this procedure exposes the Client to a refusal of entry into the territory of transit or destination.

Covid-19 Pandemic
Due to the health crisis linked to Covid-19, health protocols are reinforced. Certain destinations require a complete vaccination schedule and/or an additional PCR or antigenic test.
The wearing of a mask is mandatory on trains and planes and may be required during the various services ordered.
As the information evolves according to the spread of the epidemic and may differ according to the services, the health measures will be reconfirmed a few weeks before departure.

Special Terms & Conditions of Sale

1. Minimum number of participants