General terms and conditions of sale
Preamble:
The tourist services of custom-made, à la carte trips, as well as escorted, private, or group tours offered by CAMINIA TRAVEL AGENCY existing as of the date of publication of these Terms and Conditions, are composed and sold by the travel agency CAMINIA TRAVEL AGENCY, a Simplified Joint-Stock Company with a capital of €10,000, headquartered at 116 rue Béranger 92700 COLOMBES, registered with the Nanterre Trade and Companies Register under number 928 301 316 and with Atout France under registration number IM092240014, represented by its president Maria PAONE.
The professional civil liability of CAMINIA TRAVEL AGENCY is insured with HISCOX, policy no. RCPH278335962, for an amount of €1,500,000.00 per incident and per insurance year. The financial guarantee intended to secure all received funds, in accordance with articles L. 211-18 and R. 211-26 to R. 211-34 of the Tourism Code, is provided by ARCUS SOLUTIONS, policy no. A54669.
These General Terms and Conditions of Sale define the conditions for purchasing tourist services via the Internet, electronically, by telephone, and by mail. They are brought to the attention of the Client before any commitment on their part and constitute part of the pre-contractual information referred to in article R.211-4 of the Tourism Code, in addition to the descriptive sheets of the Services and, in some cases, the specific payment and cancellation terms specific to certain products and services. In this latter case, the specific terms indicated in the product description will prevail over these General Terms and Conditions of Sale.
The preliminary information may be modified after publication on the Sites and consultation by Users and Visitors, particularly regarding the price, cancellation conditions, transport conditions, and the conduct of the stay and accommodation if expressly agreed upon by CAMINIA TRAVEL AGENCY and the Client; in any case, the Client will be informed before signing the travel contract.
By validating their contract, the Client expressly acknowledges having read these General Terms and Conditions of Sale, downloadable or printable via a dedicated link, as well as the more specific descriptions of the chosen services on the Sites. Non-acceptance of all or part of these Conditions will result in the Client renouncing any use or benefit from the Services offered by the Agency.
These General Terms and Conditions of Sale are updated upon their online publication and cancel and replace any previous version.
Definitions:
- Client: any person placing an Order for Services with CAMINIA TRAVEL AGENCY travel agency.
- Order: any final purchase of Service made by the Client after acceptance by CAMINIA TRAVEL AGENCY of the quote.
- Travel Contract or Contract: Includes all the following documents:
- These General Terms and Conditions of Sale.
- The quote established between CAMINIA TRAVEL AGENCY and the Client, containing pre-contractual information.
- The Description.
- Description: a descriptive sheet of the characteristics of each Service published on the Site, serving as a reference at the time of the Order, and part of the preliminary information communicated to Clients.
- Retailer or Travel Agency: CAMINIA TRAVEL AGENCY, the professional selling the tourist services to the Client.
- Tourist package or package or dynamic package: a tourist package including transport, accommodation, or other significant services for more than 24 hours or including at least one overnight stay, offered at an all-inclusive price.
- Tailor-made Offer: personalized tourist service developed by the Travel Agency at the Client’s request.
- Service Provider: any supplier of Services provided by the Travel Agency such as airlines, hotels, carriers, etc.
- Service: service provided to the Client such as a stay, custom tour, private or group escorted tours, etc.
- Reservation: any request for tourist services made by the Client by any means (internet, electronic, telephone, mail) and processed by the Travel Agency.
- Site(s): www.caminiatravel.com and all sites belonging to CAMINIA TRAVEL AGENCY at the date of publication of these Conditions.
1/ Reservation – Registration
CAMINIA TRAVEL AGENCY offers custom-made trips as well as private, escorted, or group tours.
CAMINIA TRAVEL AGENCY offers standard programs with prices “starting from.” Available on its various sites, they serve as a framework from which CAMINIA TRAVEL AGENCY offers the Client a custom quote based on their desires and additional suggestions. These quotes are sent to the Client electronically and have a limited validity period indicated on the quote itself, beyond which they become null and void. Consequently, beyond the validity date of the offer, the various components of the trip, prices, and program cannot be guaranteed.
Clients are responsible for the correct spelling of travelers’ names and first names, as well as the validity of passports whose number appears on the Travel Contract. In this regard, CAMINIA TRAVEL AGENCY recommends that its Clients carefully proofread the Travel Contract before validation.
CAMINIA TRAVEL AGENCY will confirm the availability of the requested Services as soon as possible. This confirmation constitutes the conclusion of the travel contract.
If not, CAMINIA TRAVEL AGENCY will offer the Client similar Services to those initially requested.
The sending of the Travel Contract by email, duly completed and signed by the Client, must be accompanied by a down payment of at least 30% of the total price for any trip whose departure date is more than 35 days from the Reservation, or the full price for any departure date less than 35 days. Otherwise, the Order will not be validated by CAMINIA TRAVEL AGENCY.
Unless special conditions are imposed by the service providers.
In case of unavailability of the requested Service or a similar Service, the down payment will be immediately returned to the Client. On CAMINIA TRAVEL AGENCY’s proposal, the Client may also accept a replacement proposal to which the down payment will be transferred.
2/ Price and payment terms
2.1 Pricing
The total price of the Service is the one stated on the order confirmation sent by CAMINIA TRAVEL AGENCY. It is expressed in Euros and includes all taxes.
No dispute concerning the price of the trip will be taken into consideration upon the Client’s return, who appreciates before departure if the price suits them, accepting that for tourist packages it is a package price including services whose prices are not detailed by the Travel Agency.
Prices are indivisible, and any waiver of Services included in the Contract or any interruption of the trip by the Client (even in case of hospitalization or early repatriation) will not be refunded, except for specific insurance. Only Services explicitly mentioned in the trip description are part of the Package. Not included in the package:
Not included in the package (unless otherwise stated in the trip description):
- Vaccination and visa fees,
- Excess baggage fees,
- Personal expenses (tips, phone, various deposits, etc.),
- Optional excursions and generally any service not expressly mentioned in the travel
contract, - Drinks during meals (including water bottles when the service provider does not
have potable running water). - Meals not indicated in the description.
Certain requests may be subject to specific pricing rules, such as single rooms and child discounts. If a modification affects the amount of these rates after the quote is confirmed, the Client will be informed before confirming their order.
Ridiculously low price: if due to a material error, the price displayed on the Site or communicated to the Client by any other means is manifestly low or abusively low compared to the objective value of the Service, CAMINIA TRAVEL AGENCY may cancel the reservation file without fees or penalties. The Client may make a new reservation based on availability and according to the correct price of the Services.
2.2 Price revision
The prices retained in the travel contracts were calculated based on exchange rates, airfares, and land service prices known at the time of the quote.
In accordance with articles L. 211-12 and R. 211-8 of the Tourism Code, CAMINIA TRAVEL AGENCY may adjust its prices, both upwards and downwards, to account for variations between the day of registration and the day of departure:
- Passenger transport costs, particularly fuel or other energy sources costs; or
- Charges and taxes related to the services provided under the Contract, such as landing, boarding, and disembarking taxes at ports and airports; or
- Exchange rates applied to the trip or stay considered.
CAMINIA TRAVEL AGENCY will inform its Clients of any price adjustment caused by these factors by any means allowing for acknowledgment of receipt.
In case of an increase exceeding 10% of the trip price, the Client will receive the details of the price variation and will have the following choices:
- Either cancel the contract and obtain an immediate refund of the amounts paid without penalty. The cancellation must be notified to CAMINIA TRAVEL AGENCY as soon as possible following the notification of the increase and by any means allowing acknowledgment of receipt;
- Or accept the price modification.
Below the 10% threshold, the Client’s refusal of the price increase will be considered a cancellation on their part, and the cancellation scale (in accordance with article 4 of these General Terms and Conditions of Sale) will apply.
2.3 Taxes not included in the trip price
Local taxes, such as a tourist tax or toll, not included in the trip price, may be imposed by local authorities of certain destination or transit countries and must be paid on-site at the airport or hotel, in local currency or US dollars.
2.4 Payment terms
Services are paid by bank transfer with the transmission of the transfer notice.
The obligation to provide the Service only becomes definitive for CAMINIA TRAVEL AGENCY after full payment of the Service by the Client: any failure or rejection of payment may result in the cancellation of the reservation file by the Client.
Rejection or cancellation fees for non-payment or irregular payment remain the responsibility of the Client, as well as any price increase between the payment incident and the regularization, if the issuance of new transport tickets is necessary.
Payment schedule:
For a reservation more than 35 days before departure:
- 30% deposit at the Reservation
- Balance no later than 35 days before the departure date
For any reservation less than 35 days before departure:
- Payment of the total trip price at the Reservation (checks are not accepted)
Unless special conditions are imposed by the service providers.
3/ Administrative and health information
3.1 Completion of formalities
CAMINIA TRAVEL AGENCY informs Clients who are French nationals or nationals of an EU country that they must make arrangements regarding police and health regulations applicable at any time during the trip.
Other nationals should contact their consular authority under their sole responsibility.
Clients must ensure that the administrative and health documents required for their trip comply with the information provided by CAMINIA TRAVEL AGENCY.
CAMINIA TRAVEL AGENCY cannot be held responsible in any way for the consequences of the Client’s failure to comply with the police, customs, or health regulations of the destination country before or during their trip. A client who cannot board a flight due to not presenting the required documents cannot claim any refund or compensation. Obtaining visas is not included in the Services unless requested in writing by the Client.
3.2 Safety and health risks
In case of special conditions, CAMINIA TRAVEL AGENCY informs the Client of the health and safety conditions of the destination country.
CAMINIA TRAVEL AGENCY also invites the Client to refer to the corresponding country sheets published by the French Ministry of Foreign and European Affairs (MAEE) and available on the website www.diplomatie.gouv.fr, section “Travel Advice. “Attention: information may change until the departure date, and it is advisable to consult it regularly”.
CAMINIA TRAVEL AGENCY recommends that the Client regularly consult information provided by the competent authorities on the health risks of the travel country(ies) and follow the recommendations of the Ministry of Health (http://www.sante.gouv.fr/) or the World Health Organization (WHO) (http://www.who.int/) to complete their information.
4/ Modification and cancellation conditions.
4.1 Modification or cancellation of services by the client before departure not resulting in the overall cancellation of the trip
- Written requests to modify the trip will be handled on a case-by-case basis according to conditions imposed by service providers. Major modifications may be considered client-initiated cancellations of the travel contract, including:
- Change of departure/destination city
- Change of hotel
- Change of departure and arrival dates
- Cancellation of services
- Cancellation fees will be 100% of the initial canceled service amount. Exception: any request to change participant names due to a spelling error or change in civility by the Client will incur any fees requested by the service provider. Note that for regular flights, these fees may be up to the amount of repurchasing the round-trip ticket according to the airline’s Transport Conditions.
4.2 Client-initiated trip cancellation before departure
In accordance with article L221-28-12° of the Consumer Code, this Contract is not subject to the right of withdrawal.
However, the Client can terminate the Contract at any time before the trip starts by paying the following cancellation fees (subject to specific penalties applied by service providers):
- For all individual services other than air services
Cancellation fees correspond to the amounts paid for the reservation. - For air services. Cancellation fees are indicated in the Registration Bulletin and depend on the type of ticket. For non-modifiable and non-refundable flights, the cancellation fees are 100% of the regular flight price excluding insurance.
- In case of partial cancellation, meaning only some participants listed on the Travel Contract cancel, fees will be applied as follows:
- For services common to all participants, a 100% charge will apply to the client(s) canceling their stay based on their share, regardless of the cancellation date.
- For personal services, not shared with other clients listed in the file, standard cancellation fees (4.2 a) will apply to the price of unconsumed services at the time of cancellation.
The Client has the right to terminate the contract before the trip or stay without paying termination fees if exceptional and unavoidable circumstances at or near the destination have significant consequences for the contract’s execution or passenger transport to the destination. In this case, the Client is entitled to a full refund of payments made but not to additional compensation.
Any cancellation request must be sent by email to CAMINIA TRAVEL AGENCY.
4.3 Additional details
Any interrupted, shortened trip or unconsumed service due to the Client will not be refunded, particularly airline tickets for both outbound and return flights. If the Client has purchased optional insurance covering, among other things, trip interruption, they must follow the cancellation procedures outlined in the general and specific terms of the insurance policy.
4.4 Modification of services by the agency before departure
CAMINIA TRAVEL AGENCY reserves the right to unilaterally modify the Contract clauses before the stay begins (other than the price), provided the modification is minor. CAMINIA TRAVEL AGENCY will inform the Client as soon as possible.
In the event of an external event imposed on CAMINIA TRAVEL AGENCY before departure, making it impossible to comply with an essential element of the contract, CAMINIA TRAVEL AGENCY will notify the Client and offer them either to accept a modification of services or to terminate the Contract without fees.
4.5 Modification of services by the agency after departure
If, after departure, an essential element of the Contract cannot be executed under article L.211-16-V and -VI of the Tourism Code, and except in cases of exceptional and unavoidable circumstances, CAMINIA TRAVEL AGENCY will propose, at its expense or with a refund of the price difference in case of inferior services, replacement services or arrange for the Client’s early return.
4.6 Agency-initiated trip cancellation
If CAMINIA TRAVEL AGENCY is prevented from executing the Contract due to exceptional and unavoidable circumstances, it will notify the Client of the Contract’s termination as soon as possible before the trip or stay begins and will offer, if applicable, a substitute stay or a full refund of payments made.
CAMINIA TRAVEL AGENCY will not be liable for additional compensation in any case.
5/ Air transport
- General information
CAMINIA TRAVEL AGENCY will communicate the identity of the air carrier and flight schedules as soon as they are known and undertakes to inform its clients immediately in case of changes in the air carrier’s identity, which may occur until check-in or boarding. In compliance with European regulations, CAMINIA TRAVEL AGENCY only uses the services of airlines meeting current safety standards. Air transport is subject to operational and safety requirements that may cause delays beyond the agency’s control. CAMINIA TRAVEL AGENCY, therefore, advises planning sufficient connection times for any connections and avoiding any commitments on the day of and the day after travel.
CAMINIA TRAVEL AGENCY draws the attention of its Clients in case of flights with connections: the Client’s failure to present themselves at the departure airport may result in the cancellation of subsequent flights to the final destination and return flights according to the airlines’ Transport Conditions.
- Schedule changes / carrier liability
For trip execution, CAMINIA TRAVEL AGENCY uses different carriers who retain their own responsibilities towards travelers.
- Baggage
- Hand or cabin baggage: (any baggage not checked in the hold): Generally, the carrier allows one cabin baggage per passenger whose volume is indicated in the Transport Conditions and may vary depending on the aircraft type. This baggage remains the Client’s responsibility throughout the trip.
- Checked baggage: Each airline has its own weight policy according to its Transport Conditions. If an excess is allowed, the passenger must pay a supplement to the airline at the airport, calculated by the carrier per additional kg. When booking, the Client must inquire with CAMINIA TRAVEL AGENCY about the airline’s policy on weight and excess baggage.
- According to the Montreal Convention when applicable, in case of loss, damage, or theft of checked baggage, the Client must establish a baggage irregularity report before leaving the airport.
- CAMINIA TRAVEL AGENCY cannot be held responsible for any refusal of boarding or confiscation of objects deemed dangerous by the airline or airport authorities. It is the passenger’s responsibility to inquire about prohibited items in the hold or cabin.
6/ Land services and accommodations
6.1 Hotel classification
The star rating assigned to the hotel establishment in the description corresponds to a classification based on local standards of the host country, which may differ from French, European, or international standards. CAMINIA TRAVEL AGENCY informs as precisely as possible about the characteristics of your accommodation. CAMINIA TRAVEL AGENCY’s assessments in its descriptions result from its knowledge of the establishments and the feedback it receives from its Clients.
6.2 Activities offered during the stay
Some activities offered may present risks, particularly for young children, and it is the Client’s responsibility to ensure their civil liability insurance and to protect themselves with specific insurance, particularly medical and repatriation, and to supervise their children’s activities.
It may happen that some activities indicated in the description are canceled by our local service provider. CAMINIA TRAVEL AGENCY’s liability cannot be engaged if these activities are canceled due to force majeure, an unforeseeable and insurmountable act of a third party, or the Client’s fault.
6.3 Photos and illustrations
CAMINIA TRAVEL AGENCY strives to illustrate its proposals with photos or illustrations providing a realistic overview of the services offered. It is specified that the photos and illustrations in the description are simply illustrative. They only bind CAMINIA TRAVEL AGENCY to the extent that they indicate the category or level of standing of these services.
7/ Insurances
CAMINIA TRAVEL AGENCY strongly recommends that its Clients take out insurance covering travel-specific risks such as cancellation, illness, accidents, natural disasters, medical repatriation, missed flights, loss or delay of baggage, etc.
If they do not have this insurance coverage, they must immediately inform the agency, which will provide the Client with information on obtaining adequate insurance, which covers cancellation fees and/or repatriation costs in case of an accident or illness, for a fee. However, the agency declines any responsibility in case of absence of coverage or inadequate coverage, which is the sole responsibility of the client. The client acknowledges that insurance coverage for loss, theft, and damage of baggage remains their exclusive responsibility. The agency declines any responsibility in case of absence of coverage or inadequate coverage, which is the sole responsibility of the client.
8/ Liability limitations
The Client is informed that CAMINIA TRAVEL AGENCY’s liability cannot be engaged in any case of non-execution or poor execution of all or part of the services provided for in the Contract, which would be attributable either to the client, an unforeseeable and unavoidable third party, or exceptional and unavoidable circumstances.
CAMINIA TRAVEL AGENCY will also decline any responsibility and cannot financially substitute the Client in the following cases:
- Costs incurred for the loss of travel documents by the client (reissuance fees and penalties, and any incurred costs, particularly in case of immobilization in the country)
- Debt contracted by the client with a third party (extras in hotels, etc.)
- Loss of identity documents or any other essential document for leaving the visited country and returning.
- Handling and organization of the return in case of force majeure during the trip
- Any incident occurring during services purchased outside the Contract and directly on-site by the Client from an external service provider or resulting from a personal initiative by the Client.
In case of trip cancellation by the Client, insurance, processing fees, and visa fees are never refundable. CAMINIA TRAVEL AGENCY informs the client of the existence of specific insurance contracts covering cancellation consequences (see article 7 of these terms).
In case of no-show on an outbound regular flight, CAMINIA TRAVEL AGENCY cannot maintain the other services unless the client expressly requests it in writing within 24 hours of the initially scheduled departure. However, the airline may cancel the return ticket according to its own Transport Conditions. In this case, the client can repurchase round-trip tickets at their own expense, subject to availability. CAMINIA TRAVEL AGENCY will do its best to ensure the other services. No refund can be granted for unconsumed services due to the client’s no-show at the initially scheduled departure (hotel nights, meals). If a late arrival results in additional costs for CAMINIA TRAVEL AGENCY (e.g., organizing a new transfer), these costs will remain the client’s responsibility. If the cancellation of the stay by one of the persons listed on the travel contract results in booking a single room instead of a double room, the additional cost must be paid before departure by the Client remaining on the contract.
It may happen, for reasons related to the period, attendance, or decisions of local hoteliers, that equipment is insufficient at the places of stay or that some activities are suspended.
Definition of force majeure: Force majeure is defined as any external event to the parties presenting an unpredictable and irresistible character that prevents the client and/or the agency/its suppliers from executing all or part of the obligations provided for in the contract (riots, wars, political unrest, health situation, pollution, natural and/or climatic events).
- Before departure. In case of cancellations imposed by force majeure circumstances and/or motivated by the protection of our Clients’ safety and/or on the injunction of an administrative authority, Clients cannot claim any additional compensation. The agency may, in compliance with the provisions of the Tourism Code, propose changes to the dates, times, and itineraries planned to its Clients. Accepted changes are at the Client’s expense.
- After departure. In case of established force majeure, the parties’ obligations are suspended. Any delays suffered and any resulting itinerary changes will not entitle any compensation for any reason, particularly due to the modification of the initially planned program duration or delay to a connection. Any additional costs related to a disruption (tax, hotel, change of transport, parking…) will remain the Client’s responsibility.
9/ Contract transfer by the client
When the Contract concerns a stay or a tour, the Client can transfer it to a third party in accordance with article L. 211-11 of the Tourism Code. The Client must inform CAMINIA TRAVEL AGENCY of the Contract transfer on a durable medium, at least 7 days before the trip start date, specifying the name and address of the transferee and the trip participant, and justifying that the transferee meets the same conditions to undertake the stay or trip.
The transferor and the transferee of the Contract are jointly responsible for paying any balance due as well as fees, charges, or other additional costs incurred by this transfer.
However, the Client cannot transfer their insurance contracts. Furthermore, in the case of air transport if the ticket is issued, it will be neither exchangeable nor refundable by the airlines, and the transfer of the travel contract may be considered a cancellation.
10/ Personal data protection
CAMINIA TRAVEL AGENCY collects and processes Client and other travelers’ personal data in accordance with current personal data processing standards.
11/ Applicable law and competent jurisdiction
The Contract is subject to French law in all respects.
In the absence of an amicable resolution, any dispute arising from the conclusion, interpretation, execution, and/or termination of the Contract will be subject to the exclusive jurisdiction of the Nanterre Court.