Terms and conditions of sale
Last updated: [DATE]
Preamble
These terms and conditions of sale apply to the trips offered by Eloge Voyages and sold by the organiser MYWAY (Collectif My Way). This English version is provided for information only; in the event of any discrepancy, the French version prevails.
Your travel advisor: Eloge Voyages · Virginie Luppé, independent travel advisor and business introducer in the tourism sector, member of the Collectif My Way · avenue Albert-Elisabeth 64, 1200 Brussels, Belgium · Company number (BCE): 0800274546 · Special VAT exemption scheme for small businesses (VAT not applicable) · info@elogevoyages.com
The organiser: MYWAY (Collectif My Way) · 165 avenue de Bretagne, 59000 Lille, France · Travel operator registered with Atout France under no. IM059190009 · Financial protection: Groupama · Professional liability insurance: Generali IARD
As a business introducer, the travel advisor advises you, suggests trips and assists you. The package travel contract is concluded with the organiser MYWAY, which invoices and organises the trip.
1. Purpose
A trip is defined as a service including at least one of the following four types of services: passenger transport, car rental, accommodation or other significant tourist services.
A package is formed when two of these services are combined within the same booking, or if the stay lasts at least 24 hours or includes an overnight stay.
2. Quotation
After one or more exchanges with the travel advisor, you receive a quotation detailing the programme of your stay. Quotations are subject to availability at the time of booking.
Once the quotation is accepted, you receive from the organiser MYWAY a package travel contract to complete and sign in order to request final confirmation of your trip, together with payment of the deposit. It is your responsibility to provide the travellers' first names and surnames exactly as they appear on their passports.
Written confirmation is then sent to you by e-mail once all services have been confirmed.
If one of the services included in the contract is unavailable, the travel advisor will inform you as soon as possible and make you an alternative proposal. If you decline this new proposal, the contract becomes void and the deposit paid is refunded in full.
In good time before the start of the trip, in accordance with article L. 211-10 of the French Tourism Code, you receive the necessary documents and information on the scheduled departure time, the check-in deadline and the scheduled times of stopovers, connections and arrival.
3. Booking and payment terms
The service is invoiced by the organiser MYWAY, according to the quotation prepared with the travel advisor and accepted in advance by the client.
No service is booked before the deposit is received. The booking is confirmed upon receipt of the deposit or the full amount, according to the conditions specified when ordering.
Payments can be made by bank transfer or credit card. All online payments are secure.
4. Price revision
In accordance with articles L. 211-12, R. 211-8 and R. 211-9 of the French Tourism Code, the prices set out in the contract may be revised upwards or downwards to take account of changes in the cost of passenger transport (fuel, energy), mandatory fees and taxes, and exchange rates.
The client is informed of any increase in the total price of the package no later than 20 days before departure.
If this increase exceeds 8%, the client receives a detailed explanation of the reasons for the change and its impact on the price of the trip, as well as the options available: to accept the change or to refuse it within a reasonable period, and the consequences of not replying.
5. No right of withdrawal
The package travel contract is not subject to a right of withdrawal (article L. 221-28 of the French Consumer Code). However, the traveller may terminate the contract at any time before the start of the trip, in writing and subject to the cancellation fees set out in the scale specified and accepted when signing the contract.
These cancellation fees are calculated from the date the request is received.
6. Cancellation and changes
6.1. Cancellation of the contract by the client
Cancellation of the contract by the traveller results in the application of the actual costs incurred by the organiser, taking into account any savings made by reselling the services. These fees are applied according to the scale specified and accepted when signing the contract.
Service fees are non-refundable in the event of cancellation by the client.
6.2. Changes by the client
After signing the contract and before the departure date, any request for a change must be made in writing to the travel advisor. Any change is subject to availability and may result in additional costs, calculated from the date the written request is received.
Within a number of days before departure defined in the contract, any change to the planned services gives no right to a refund, and any new service added must be paid in advance to the organiser MYWAY.
6.3. Cancellation by the organiser
In the event of force majeure or exceptional circumstances, the organiser reserves the right to cancel a trip. The client is then refunded the sums paid, without being entitled to any additional compensation.
If the payment schedule is not respected, the organiser reserves the right to consider the contract cancelled by the client and to demand, without prior formal notice, payment of the cancellation penalties defined in the contract and accepted when signing.
The trip may also be cancelled if a minimum number of participants, defined in the quotation or the contract, is not reached. The client is then refunded all sums paid, without being entitled to compensation.
7. Liability
The organiser MYWAY is responsible for the proper performance of the services provided for in the contract and is required to assist travellers in difficulty. Where its strict liability is engaged because of service providers, the compensation limits resulting from international conventions (article L. 211-17-IV of the French Tourism Code) apply; failing that, and except in cases of bodily injury or intentional or negligent damage, any damages are limited to three times the total price of the trip.
The travel advisor acts as a business introducer and intermediary between the client, the organiser and the service providers (airlines, accommodation, transport companies…). She cannot be held responsible for changes or cancellations attributable to these providers.
8. Travel insurance
It is strongly recommended to take out travel insurance covering cancellation, assistance and civil liability. Insurance can be offered to you if you do not have any. It must be taken out when booking the trip.
9. Administrative and health formalities
The information given in the contract is based on the data available at the time it was drawn up and applies to Belgian and French nationals. Travellers of another nationality, or with dual nationality, must check the entry and residence requirements with the consulates or embassies of the countries concerned.
Each traveller is responsible for ensuring that their mandatory vaccinations are up to date and for following current health recommendations. Any medical condition or disability requiring special assistance must be reported to the travel advisor before departure, so that suitable assistance can be arranged.
For more information, we recommend consulting:
- The travel advice of the Belgian Federal Public Service Foreign Affairs (diplomatie.belgium.be) and registering your trip on Travellers Online
- The Institute of Tropical Medicine in Antwerp (itg.be) for vaccinations and travel health
- For French nationals: the travel advice of the French Ministry for Europe and Foreign Affairs and the Ariane platform
Each participant must hold a valid personal passport. It is the client's responsibility to check that their travel documents comply with the requirements of the authorities of the countries visited and of transit.
10. Air transits
During a transit or stopover in a foreign country, it is the passenger's responsibility to comply with the entry and transit formalities in force. Depending on the destination and the traveller's nationality, it may in particular be necessary to:
- hold a ticket proving departure from the country concerned;
- have a valid passport, or even an electronic passport for certain destinations, failing which a visa may be required;
- apply for prior travel authorisation, for example ESTA for the United States or ETA for other countries (procedures that are generally charged for and not included in quotations);
- check whether previous stays in certain countries require a passport renewal or a specific visa.
The organiser cannot be held responsible for any costs, losses or inconvenience resulting from a failure to meet the administrative requirements of a transit or destination country. Any refusal of boarding or entry into a territory due to a non-compliant document is the sole responsibility of the passenger.
It is also the traveller's responsibility to check in within the time required by the airline. A flight missed because the passenger was late cannot engage the organiser's liability.
11. Travel by a minor
A minor travelling abroad without both parents must carry their own identity card or passport. It is strongly recommended to provide a parental travel authorisation signed by the absent parent(s), together with a copy of their identity document; in Belgium, this document can be legalised by the municipal administration. Some countries also require a birth certificate or other documents.
For minors residing in France travelling without their legal guardians, the authorisation to leave the country form (AST, Cerfa no. 15646*01) is mandatory.
Check with the embassy of the destination country before departure.
12. Incidents during the trip
If a traveller notices an anomaly or a failure in the planned services during their stay, they must inform the organiser and the travel advisor as soon as possible. Late reporting may affect the handling of the complaint and reduce any compensation, if prompt action would have made it possible to limit or avoid the damage.
In the event of difficulty during the trip, the client may ask the organiser for assistance in finding a suitable solution.
13. Protection of personal data
The information collected is processed in accordance with the General Data Protection Regulation (GDPR). The client has the right to access, rectify and delete their data. To find out more, please see our privacy policy.
14. Transfer of the contract
In accordance with article L. 211-11 of the French Tourism Code, you may transfer the contract, as long as it has not produced any effect and up to 7 days before departure, by informing the organiser MYWAY within a reasonable time, to a person meeting the same conditions as you. You and the transferee remain jointly liable for payment of the balance of the contract and of the transfer costs, which will be communicated to you.
15. Complaints and mediation
Any complaint may be sent to the organiser's customer service by registered letter with acknowledgement of receipt, together with the relevant supporting documents: MYWAY, 165 avenue de Bretagne, 59000 Lille, France. You may also inform your travel advisor.
If MYWAY gives a negative answer or does not reply within 60 days, you may refer the matter free of charge to the Médiation Tourisme et Voyage (MTV), BP 80 303, 75823 Paris Cedex 17, www.mtv.travel, within one year of the return date of the trip.
16. Applicable law and disputes
These terms and conditions of sale are governed by French law, without prejudice to the mandatory protective provisions of the traveller's country of residence. Any dispute will be submitted to the competent courts, unless otherwise provided by law.
