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General terms and conditions of sale


 

General terms and conditions of sale

Our general terms and conditions of sale comply with the provisions set forth under the Tourism Code.
Pursuant to article R. 211-12 of said law, the provisions set forth under articles R. 211-3 through R. 211-11 are included hereunder:

Article R. 211-3: Subject to exclusions for which provision is made under article L. 211-7 (3 and 4), any offer or sale of trips or holidays leads to the issue of the appropriate documentation which fulfils the rules set forth under the present section. In the event of the sale of air tickets or transportation tickets on any regular route not accompanied by services pertaining to this transportation, the seller will deliver the buyer one or more tickets for the entire trip, issued by the carrier or under its liability. In the event of bespoke transportation, the name and address of the carries, on behalf of whom the tickets are issued, should be indicated. Separate invoicing for various elements of the same tourist package does not release the seller from obligations which are made by regulatory provisions under the present section.

Article R. 211-3-1: Exchange of pre-contractual information or provision of contractual conditions is undertaken in writing. They may be undertaken electronically in line with the terms and conditions of validity set forth under articles 1369-1 through 1369-11 of the Civil Code. The name or company name and address of the seller are indicated as well as indication of the incorporation for which provision is made under article L. 141-3 or, where applicable, the name, address and indication of incorporation of the federation or union indicated under article R. 211-2 (2).

Article R. 211-4: Prior to conclusion of the agreement, the seller should send the consumer all information concerning prices, dates and other elements constituting the services provided during the trip or the travel such as: 1°) The destination, resources, characteristics and categories of transportation used; 2°) The method of accommodation, its location, level of comfort and main characteristics, its approval and tourist classification corresponding to regulations or the customs in the host country; 3°) Catering services provided; 4°) Description of the itinerary when concerning a circuit; 5°) Administrative and sanitation formalities to be completed by nationals or citizens of another Member State of the European Union or a Member State of the European Economic Area notably in the event of crossing borders as well as their deadlines for completion; 6°) Visits, excursions and other services included in the package or potentially available in return for a price supplement; 7°) The minimum or maximum group size allowing the trip to take place, or holiday as well as, if the trip or holiday is subject to a minimum number of participants, the deadline for notification of consumers in the event of annulment of travel or holidays; This deadline may not be less than twenty-one days prior to the departure; 8°) The total amount or percentage of the price to be paid as a deposit upon signature of the agreement as well as the schedule for payment of the balance; 9°) The terms and conditions for adjustment of prices for which provision is made pursuant to article R. 211-8; 10°) Terms and conditions contractual cancellation; 11°) The terms and conditions of cancellation defined under articles R. 211-9, R. 211-10 and R. 211-11; 12°) Information concerning optional subscription of an insurance policy covering the consequences of certain cases of annulment or an assistance policy covering certain particular risks notably repatriation costs in the event of accident or illness; 13°) Where the policy includes air transportation services, information for each part of the flight, for which provision is made under articles R. 211-15 through R. 211-18.

Article R211-5: Prior information made to the consumer commits the seller, unless within this, the seller has expressly reserved the right to amend certain elements. The seller should, in this instance, clearly indicate to what extent this amendment may take place and over what elements. In all instances, modifications made to prior information should be sent to the consumer prior to signature of the agreement.

Article R. 211-6: The agreement signed between the seller and buyer should be in writing, in two copies with one being issued to the buyer and signed by both parties. Where the agreement is signed electronically, articles 1369-1 through 1369-11 of the Civil Code are applied. The agreement should include the following clauses: 1°) The name and address of the seller, the guarantor and insurer as well as the name and address of the organiser; 2°) The destination or destinations of travel and, in the event of separated stay, the various periods and their dates; 3°) The resources, characteristics and categories of transport used, dates and places of departure and return; 4°) The method of accommodation, its location, level of comfort and primary characteristics and tourist classification by virtue of regulations or customs in the host country; 5°) Catering services proposed; 6°) The itinerary when it concerns a circuit; 7°) Visits, excursions or other services included in the total price of the trip or stay; 8°) The total price of services invoiced as well as indication of any potential adjustment to invoicing by virtue of the provisions under article R. 211-8; 9°) Indication, where applicable, of licences or taxes pertaining to certain services such as landing, unboarding or boarding in ports and airports, taxes and stays when these are not included in the price of the service(s) provided; 10°) The schedule and payment terms for the price; The last payment made by the buyer cannot be less than 30% of the price of the trip or travel and should be made at the time of issue of documents allowing for the trip or travel to be undertaken; 11°) Special terms and conditions requested by the buyer and accepted by the seller; 12°) Terms and conditions pursuant to which the buyer may make a complaint to the seller for default or improper performance of the agreement, with the complaint being sent as soon as possible, by any means allowing for acknowledgement of receipt to be issued to the seller and, where applicable, indicated in writing to the organiser of the trip and the service provider concerned; 13°) The deadline for notification of the buyer in the event of cancellation of the trip or travel by the seller in such instance as the travel or trip is related to a minimum number of participants, pursuant to the provisions set forth under article R. 211-4 (7); 14°) The terms and conditions for contractual termination; 15°) The terms and conditions for cancellation for which provision is made under articles R. 211-9, R. 211-10 and R. 211-11; 16°) The clarifications concerning risks covered and the total amount of cover by virtue of the insurance policy covering the consequences of professional liability of the seller; 17°) Indications concerning the insurance policy covering the consequences of certain cases for termination subscribed by the buyer (policy number and insurer name) as well as those concerning the assistance policy covering certain risks, notably costs for repatriation in the event of accident or illness; In this instance, the seller should issue the buyer with a document clarifying at least the risks covered and those excluded; 18°) The deadline for notification of the seller in the event of sale of the agreement by the buyer; 19°) The commitment to provide the buyer, at least ten days prior to the planned departure date, the following information: a) The name, address and telephone number of the local office of the seller or, failing this, the names, addresses and telephone numbers of local bodies likely to be able to assist the consumer in the event of any difficulty or, failing this, the number to call allowing for emergency contact with the seller; b) For trips and stays of minors abroad, a telephone number and address for direct contact with the child or director on site; 20°) The termination clause and reimbursement without penalties of amounts paid by the buyer in the event of default in respect of the obligation of information for which provision is made under section 13 of article R. 211-4; 21°) The commitment to provide the buyer, when appropriate prior to the start of travel, with the departure and arrival times.

Article R. 211-7: The buyer may sell the contract to a transferee who meets the same conditions as himself to undertake the travel, insofar as the agreement has not started. Notwithstanding any more favourable stipulation for the transferring party, the latter is bound to notify the seller of its division by any means allowing for acknowledgement of receipt by the latest seven days prior to the start of travel. When concerning a cruise, this is increased to fifteen days. This sale is under no circumstances subject to prior authorisation of the seller.

Article R. 211-8: Where the agreement includes the express option to adjust prices, within the limits of article L. 211-12, it should include the terms and conditions for calculation, either upwards or downwards, of price adjustments, and notably the total amount of transportation fees and taxes, the currency(ies) which may affect the price of the travel, the share of price to which the adjustment is applicable, the rate or currencies used as a reference at the time of establishing the price in the agreement.

Article R.211-9: When, prior to departure of the buyer, the seller is bound to make a modification to one of the fundamental elements of the agreement such as a significant price rise and when defaulting in the obligation of information as indicated under section 13 of article R. 211-4, the buyer may, without prejudice for redress for compensation, and after having been informed by the seller by any means allowing for acknowledgement of receipt: Either terminate the agreement and receive immediate reimbursement without penalty of the amounts paid; Or accept modification or a replacement trip proposed by the seller; An addendum clarifying the modifications made is then signed by the parties; Any reduction of the price will be made to the balance due by the buyer and, if the payment has already been made by the latter which exceeds the price of the amended service, the excess payment should be returned prior to the date of departure.

Article R. 211-10: In that instance for which provision is made under article L. 211-14 when, prior to departure of the buyer, the seller annuls the trip, it should inform the buyer by any means allowing for acknowledgement of receipt; The buyer, without prejudice for redress for any compensation, obtains from the seller immediate reimbursement without penalties for the amounts paid; The buyer receives, in this instance, compensation at least equal to that which it would have borne if cancellation occurred by its own initiative on this date. The provisions appearing in the present article under no circumstances impede signature of an amicable agreement which leads to acceptance, by the buyer, of a replacement trip proposed by the seller.

Article R. 211-11: When, after departure of the buyer, the seller is unable to provide a considerable share of the services for which provision is made in the agreement representing a significant share of the price, respected by the buyer, the seller should immediately take all of the following provisions without prejudice for redress for compensation for damages suffered: * either propose replacement services as a replacement for the services for which provision is made and accepting any price supplement and, if the services accepted by the buyer of lesser quality, the seller should reimburse, from return, the price difference; * or, if it cannot offer any other replacement service or if this is refused by the buyer for valid reasons, provide the buyer, without any price supplement, with transport tickets to ensure the return in line with conditions which may be deemed equivalent to the place of departure or any other place accepted by both parties. The provisions set forth under the present article are applicable in the event of default in respect of the obligation for which provision is made under section 13 of article R.211-4.

Special terms and conditions of sale Goélia (established as at the date of 20th December 2016).

INFORMATION:
Despite all attention paid to drafting the brochure, there may be some printing errors. Fundamental information concerning the trip (price, dates, hosting capacity, residence) and all imperative elements indicated as such by the client and guaranteed in the reservation voucher (for instance accommodation complying with disabled access standards) must be confirmed in writing by the seller before printing. The indication "where possible" of any particular observation does not mean that it may be in all instances possible.

PRICE: Prices, given in euros, are established on the basis of economic and financial conditions in force as at the date of drafting this brochure. Any modification (monetary parity, taxes, duties and value added tax, etc.) may lead to an equivalent modification of the price. In the event of modification, repercussion of the prices may be immediate for all new bookings. For bookings already made concerning future stays, an email or letter will be sent to the client to indicate the effect of the price modification: The client will have a period of 2 weeks following receipt of this information to accept modification of the price (tacit agreement) or to cancel the stay, without cost (requests must be made in writing).

REGISTRATION FEES:
For each reservation €20 is received for administration fees. These fees are added to accommodation fees and related services indicated in the catalogue or on our website and may not be reimbursed.

REGISTRATION, PAYMENT OF DEPOSIT AND BALANCE:
Any registration should be made in writing, along with a deposit of 25% of the price of the trip (or the total price of the trip in the event of any registration less than 5 weeks before departure). This payment should reach the seller within 4 working days, by the latest, after creation of the file (with registration of an option). In the event of any late reservation, the seller reserves the right of requesting immediate payment, or reduction of the term of the option. Beyond this period, the option will be automatically cancelled. The booking is considered as definitive insofar as it is confirmed by the seller (issue of a booking confirmation by email). The client is then issued booking confirmation with indication of all characteristics of the stay, as well as potential observations pertaining to the trip selected or imposed in the special terms and conditions. After payment of the balance, by the latest 5 weeks prior to departure, all necessary information concerning the inventory is sent to the buyer (exchange note to claim the keys, contact details for the host office and opening hours). If the client has not paid the balance as at the agreed date, even without prior notice, the trip will be cancelled. The client will pay all cancellation costs of which he is notified at the time of registration. Payment for trips may be made by cheque, card (CB, Visa, Mastercard, Amex), holiday vouchers, e-ancv, transfer, postal mandate or in cash. For all bookings less than 15 days from the date of departure, cheques, holiday vouchers and transfers are no longer accepted, only payments by card and “holiday e-vouchers” are accepted. No change is given for payments by ANCV vouchers. The trip must be paid for in full at the time of booking.

CANCELLATION/MODIFICATION:
Any cancellation or modification of the trip should be notified at the address where the registration is made, verbally, and then confirmed in writing by recorded delivery letter with acknowledgement of receipt. The date of receipt of the letter will prevail and be used to determine the total amount of fees applicable in line with the following schedule:
- more than 45 days before departure: €70 of cancellation fees.
- 44 to 31 days before departure: 25 % of the total price of the stay
- 30 to 16 days before departure: 50 % of the total price of the stay
- 15 to 8 days before departure: 75 % of the total price of the stay r
- less than 8 days before departure: 100 % of the total price of the stay.
Administration fees paid at the time of booking (€20) will not be reimbursed.
Curtailment: Early departure may not lead to reimbursement, even in part.
For any modification of the file (addition of participants or observation), modification fees of 15 euros are applied.
For any substantial modification request to the file (change of dates of the stay, duration, type of accommodation, destination, etc.), if the modification leads to a reduction of the total amount of the stay, it is considered as cancellation of the initial trip, subject to terms and conditions and cancellation fees, followed by a new booking, with application of modification fees of 15 euros.
Any ad hoc promotions, or price increases, at the time of expiry of promotions, may under no circumstances be retroactive. Prices applicable are those in force as at the date of booking, and confirmed at the time of the booking request.
The buyer may, prior to the start of the trip, sell the booking to a transferee (parent or friend), but will remain liable for the trip and “responsible” for the transferee. The transferee should fulfil the conditions of the initial booking (dates, family members, information as to the special and general terms and conditions of sale, etc.) The transferring party is bound to notify the seller of any change in identity of the resident, by recorded delivery letter or email with acknowledgement of receipt, by the latest 7 days prior to the start of the trip. It should indicate the number of participants, age of the children, full address of the transferee, and any other information requested at the time of the initial booking, in order to allow the seller to best prepare travel. Modification fees of 15 euros are applicable. Ad hoc operations such as “flash sales” or “private sales” cannot be modified or reimbursed.
By virtue of reciprocity of the conditions for cancellation, if the seller is led, exceptionally, to not be able to respect any of the essential information in the booking, it may offer the buyer an equivalent solution or better accommodation without any price supplement. Failing any amicable agreement between the parties, the seller will reimburse all amounts paid in full. If cancellation by the seller is not due to any case of force majeure making access to the residence or accommodation impossible (fire, flooding, event making it unfit for use, etc.), the buyer will receive compensation equivalent to a penalty which he would have had to pay himself if he had cancelled his stay before departure.
Any curtailed stay or unused service by the client, for any reason whatsoever, may not lead to reimbursement.
To avoid any subsequent issues, we strongly recommend taking out insurance.

CANCELLATION OR MULTI-RISK INSURANCE:
This should be taken out (either insurance policy) at the time of booking. It is strongly recommended to do so. The total is €31 per accommodation and per trip for cancellation, and €41 per accommodation and per trip for multi-risk insurance. Terms and conditions of subscription, application and reimbursement are outlined under the tab “Goélia Pratique” on our website. Policy taken out with Mondial Assistance, Eurosquare 2, 7 rue Dora Maar, 93 400 St Ouen. The client must have his primary residence in the European Union or Switzerland to take out insurance for cancellation. SNOW ASSISTANCE: This should be taken out at the time of booking for mechanical ski lifts or lease of ski equipment. €24/accommodation regardless of the number of skiers.

NUMBER OF PARTICIPANTS:
The number of people indicated per accommodation corresponds to the maximum occupancy permitted, given the equipment available. It may not be exceeded for reasons of security and insurance. We hereby remind you that a baby is considered as a fully-fledged person.

SPECIAL WISHES:
These should be indicated at the time of registration, and are taken into account by site managers, insofar as possible and in line with existing availability, but cannot be guaranteed.

OPENING TIMES:
Notwithstanding any special agreement, arrivals most commonly take place on Saturday, generally from 3.30pm and until 7pm. Any arrival outside of times or days planned should be the object of a special agreement with the site manager, failing which the seller may not be held liable, nor bear the cost of any night stays in a hotel. Departures usually take place on a Saturday, generally between 8am and 10am.

INTERNAL RULES:
So as to make the stay of holidaymakers pleasant, internal rules established by the operator of the residence and/or managing agent are available in each establishment. We would like to request that you kindly read these upon arrival and ensure respect thereof. In the event of any clear default in respect of the internal rules, we hereby reserve the right to invoice a minimum of €150 for compensation for prejudice, in additional compensation for all damages incurred.

PERSONAL EFFECTS:
The client is bound to take insurance against risks inherent to occupancy of the reserved accommodation (thefts, losses or damage to personal effects), as well as damage which it may occasion on the equipment leased, or damages which it may occasion due to negligence. Loss or theft of personal effects without the apartment when leaving the premises may not incur the liability of Goélia.

LOCAL DISTURBANCES:
the seller may not be held liable for any external disturbances which disturb, interrupt or prevent the peaceful stay, notably in the event of any lack of supply to electricity, gas or water (strikes, lack of water due to drought, flooding, etc.), reduction, deferral or removal of activities and services proposed by the resorts (seasonal services, strikes, closures of establishments, weather conditions, etc.), of any environment considered as noisy (very busy resorts, close to a swimming pool, neighbourhood disturbance, dense traffic or railway, Morning upkeep of gardens and communal areas of residences, etc.). It is useful to reiterated that the French coastline and tourist areas in general, are often under development or renovation, and witness high levels of summer visitors. Consequently, the quality of the environment may be affected, and a certain number of disturbances may result.

DESCRIPTIONS:
Photos reproduced in this brochure include, for an example, a building or part of the building presented. Photographs are not contractual insofar as the client may not be lodged in the presented building or facade. All general tourist information appearing in the brochure is provided by resorts, tourist offices, and local leisure service providers. It is indicated as a guide, without any commitment by the seller, and shows all information notified to it at the date of the catalogue.

IN SITU:
Any default in the initial inventory must be notified by the buyer to our local representative within 48 hours following arrival so as not to suffer any inconvenience during the stay. This will be remedied as far as possible. This is also the case for any imperfection (for instance, the client should ensure from arrival that the location is clean) or any technical defect. In all instances, this information should be notified to the site manager at the time of the stay. Any complaint made subsequently will be inadmissible if the site director has not been informed and able to remedy all complaints made. All observations should be sent by letter to the Goélia registered office in Evry, by the latest 2 weeks after the end of the stay. Upon receipt of the compliant letter, the seller will have 5 weeks in which to respond. In the event of any impediment in seeking an amicable solution, or in the event of not responding within 60 days, the client may refer the matter to the Tourism and Travel Ombudsman whose details and conditions are available at: www.mtv.travel (
ordinance 2015-1033 of 20th August 2015, and decree 2015-1382 of 30th October 2015)

LIABILITY:
We would like to notify you that, concerning accommodation, rental of tourist residences does not fall within the remit of hotel managers. Consequently, liability of Goélia may not be incurred in the event of loss, theft or damage of personal effects in our residences, in apartments or car parks or communal areas (ski lockers for instance).

COMMON MATERIAL:
Accommodation is fitted out for the number of people indicated and includes, notwithstanding any indication to the contrary, a kitchen with, at least, 2 electrical hobs, fridge, sink, coffee maker, dishes and utensils necessary for preparing meals, a full bathroom with bath or shower, WC, separate or not, bedding with covers, pillows or cushions, storage adapted to the size of the accommodation, seasonality of occupancy, cleaning material with broom, dustpan and brush, bucket, mop and, sometimes, a vacuum cleaner. Some large material (ironing board, bed, chair and baby tub, washing machine, etc.) are not in accommodation. Many residences have a laundry room, and this may be rented or loaned on request. The presence of a microwave oven or mini-oven, dishwasher, kettle, toaster, etc. is indicated, when we are aware, in the description of the accommodation. Accommodation for people with disabilities: This accommodation which is, often, larger than other accommodation of the same type, may be allocated to all clients, without the additional space or specific material (such as for instance support rail or bar, foldable shower chair, larger doors etc.) being considered as different from a standard apartment, with equivalent conditions for number of guests and surface area.
Notwithstanding any indication to the contrary, lease of the television or supply of household linen (sheets and pillowcases, towels and table linen, cloths) is not included in the lease and is offered as an option.

WEEKENDS:
notwithstanding any special agreement with the residence, arrivals are generally from 3pm, and departures from 10am. The price is for accommodation alone. Certain residences offer prices with sheets and television included, please enquire at the time of booking. It should be indicated that weekends, short stays or “mid-week” stays can only be reserved on some sites less than 30 days before departure.

GENERAL INFORMATION:
In the majority of residences, our site managers provide you with documentation which presents the resort and its surroundings, emergency numbers and others (pharmacies, GPs, taxis, railway stations, etc.), but also, where necessary, board games, table tennis rackets or others which may be rented out on demand. The layout of sleeping areas is provided as a guide and may vary. Where the accommodation includes two numbers of people: Studio 2/4), the first figure indicates the advised number of adults for optimal comfort, the second indicates the maximum number of people (or the advised number of adults and children). In all instances, the exact number of participants and their age should be indicated at the time of registration as some rentals may be fitted out for the number of people announced. Notwithstanding any explicit indication to the contrary, swimming pools in residences are outdoor and not heated, and it is compulsory to wear swim shorts or suits. Children are under the responsibility of their parents. Opening hours for swimming pools are indicated as a guide. These often depend on weather conditions and decisions taken by the managing agent. To undertake tourist visits during your stay, a vehicle is in all instances highly recommended, and essential. However, some destinations may be recommended to holidaymakers who do not wish to use their car (please enquire). The majority of residences are tourist residences which are listed or being listed (to check, please consult updated information on our website).

GOELIA VENTES, Limited Company with share capital of €75,000 , Registered office: Immeuble l'européen, 114 allée des Champs Elysées, Coucouronnes, 91 042 Evry cedex
SIRET 435.315.353.00027 APE 7911
Represented by its manager Patrick Labrune who is responsible for publication and distribution of this catalogue in summer (24/12/2016) and winter (21/07/2018).

Stays reserved in Goélia tourism and holiday residences will be confirmed and invoiced by operating companies from establishments concerned, who are subsidiaries of Goélia Group, namely GOELIA GESTION SARL, entered on the Trade and Companies Register for
travel operators N°IM091160001) APST Guarantee (SIRET 435.285.077.00010), OCEALIA RESIDENCES (SIRET 448.719.419.00013), GOELIA SAINT FRANCOIS (SIRET 444.424.279.00024), LA PINEDE (SIRET 481.702.074.00024), CORSELIA RESIDENCES (SIRET 810.606.509.00018).

RCS Allianz Iard, 87 rue de Richelieu, 75 002 Paris, policy n°42801277

Stays reserved in “partner” tourism residences and holidays will be confirmed and invoiced by GOELIA VENTES SARL, entered on the register of travel operators no. IM091100031, APST Financial Guarantee.