1.PREAMBLE
It is specified beforehand that the French codes cited in these general conditions of sale (Tourism Code, Consumer Code, etc.) are not directly applicable in N.-C. The applicable law is therefore that resulting from the particular legislation of the N.-C., in particular that resulting from Deliberation n° 185 of May 10, 2001 (article 22) regulating the creation and operation of travel agencies and travel agencies. tourism (JONC of 5 June 2001). Nevertheless, these general conditions of sale make express reference to the French texts, and this, on a subsidiary and informative basis. AXXESS TRAVEL intends to bring certain French legislative provisions which are not included in New Caledonian legislation into the contractual field. In the event of a contradiction between French legislation and mandatory New Caledonian legislation, New Caledonian legislation will apply.
Any clause that would be declared contrary to the mandatory rules in force in New Caledonia will be deemed unwritten but will not invalidate these general conditions of sale.
In these general conditions of sale, “code” means the French Codes.
These general conditions govern the sales, made by AXXESS TRAVEL, of trips or stays within the meaning of the French Tourism Code and, in cases where they expressly stipulate it, the sales of air-only flights and other isolated tourist services . The Buyer must imperatively read these special and general conditions of sale.
These conditions of sale apply to the Organizer’s products (Flights, Dynamic Packages and Stays). They are an integral part of the contract concluded with AXXESS TRAVEL. Acceptance of the general and special conditions of sale by the Buyer is an essential prerequisite for any reservation and/or order for services offered by the Organiser.
The order is governed by the conditions of sale in force on the day the order is placed and the Buyer acknowledges the mandatory nature of these conditions of sale.
In accordance with Article L. 211-8 of the Tourism Code, the descriptive sheets appearing on the AXXESS TRAVEL Site are intended to inform customers, prior to placing their order in the agency, of the content of the services offered relating to transport and stay, the price and terms of payment, the conditions for canceling and modifying the trip. The customer is invited to refer to the descriptive sheets of the chosen trip or stay.
In accordance with article R. 211-5 of the Tourism Code, AXXESS TRAVEL reserves the right to make changes to the information appearing on the AXXESS TRAVEL Site, in particular the price and content of transport and stay, the identity of the air carrier, as well as the opening and closing dates of the hotels, under the conditions defined in this document.
These conditions of sale are accessible at any time via a hypertext link “Conditions of sale” on each page of the AXXESS TRAVEL website or they can be obtained on simple request addressed to the head office or to the AXXESS TRAVEL agency located at 22, rue Duquesne, 98845 Nouméa.
These general conditions of sale are valid from 01/12/2012. This edition cancels and replaces the previous one.
EXTRACT FROM THE TOURISM CODE
In accordance with the legislation in force, articles R211-3 to R211-11 of the Tourism Code are reproduced below.
Exclusions: the provisions below are not applicable when the services sold do not form part of a package as defined in article L 211-2 of the Tourism Code.
Article R211-3
Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel or holiday services shall give rise to the delivery of appropriate documents which comply with the rules defined by the this section.
In the event of the sale of air tickets or regular line tickets not accompanied by services related to this transport, the seller shall issue the buyer one or more tickets for the entire journey, issued by the carrier or under its responsibility. In the case of transport on demand, the name and address of the carrier, on whose behalf the tickets are issued, must be mentioned.
The separate invoicing of the various elements of the same tourist package does not exempt the seller from the obligations imposed on him by the regulatory provisions of this section.
Article R211-3-1
The exchange of information pre-contractual conditions or the provision of the contractual conditions is made in writing. They can be done electronically under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code. The name or business name and address of the seller are mentioned as well as the indication of his registration in the register provided for in a of Article L. 141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of article R. 211-2.
Article R211-4
Prior to the conclusion of the contract, the seller must communicate to the consumer information on the prices, dates and other constituent elements of the services provided during the trip or stay such as:
1° The destination, means, characteristics and categories of transport used;
2° The type of accommodation, its location, its level of comfort and its main characteristics, its approval and its tourist classification corresponding to the regulations or customs of the host country;
3° The catering services offered;
4° The description of the route in the case of a circuit;
5° The administrative and health formalities to be completed by nationals or by nationals of another Member State of the European Union or of a State party to the Agreement on the European Economic Area in the event, in particular , border crossings and their completion times;
6° Visits, excursions and other services included in the package or possibly available at an additional cost;
7° The minimum or maximum size of the group allowing the completion of the trip or stay as well as, if the completion of the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or stay; this date cannot be set less than twenty-one days before departure;
8° The amount or percentage of the price to be paid as a deposit at the conclusion of the contract as well as the schedule for payment of the balance;
9° The price revision procedures as provided for in the contract pursuant to Article R. 211-8;
10° Cancellation conditions of a contractual nature;
11° The cancellation conditions defined in Articles R. 211-9, R. 211-10 and R. 211-11;
12° Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness;
13° When the contract includes air transport services, the information, for each flight segment, provided for in Articles R. 211-15 to R. 211-18.
Article R211-5
The prior information given to the consumer binds the seller, unless in this the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent this modification can occur and on which elements.
In any case, the changes made to the prior information must be communicated to the consumer before the conclusion of the contract.
Article R211-6
The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, articles 1369-1 to 1369-11 of the Civil Code apply. The contract must include the following clauses:
1° The name and address of the seller, its guarantor and its insurer as well as the name and address of the organiser;
2° The destination or destinations of the trip and, in the event of a split stay, the different periods and their dates;
3° The means, characteristics and categories of transport used, the dates and places of departure and return;
4° The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification under the regulations or customs of the host country;
5° The catering services offered;
6° The itinerary in the case of a circuit;
7° Visits, excursions or other services included in the total price of the trip or stay;
8° The total price of the services invoiced as well as the indication of any possible revision of this invoicing under the provisions of Article R. 211-8;
9° The indication, if applicable, of fees or taxes relating to certain services such as landing, disembarkation or embarkation taxes only in ports and airports, tourist taxes when they are not included in the price of the service(s) provided;
10° The timetable and terms of payment of the price; the last payment made by the buyer may not be less than 30% of the price of the trip or stay and must be made when submitting the documents allowing the trip or stay to be carried out;
11° The special conditions requested by the buyer and accepted by the seller;
12° The terms and conditions under which the buyer may lodge a complaint with the seller for non-performance or poor performance of the contract, a complaint which must be sent as soon as possible, by any means allowing an acknowledgment of receipt to be obtained to the seller, and, where applicable, reported in writing, to the travel organizer and the service provider concerned;
13° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7° of article R. 211-4;
14° Cancellation conditions of a contractual nature;
15° The cancellation conditions provided for in Articles R. 211-9, R. 211-10 and R. 211-11;
16° Details concerning the risks covered and the amount of cover under the insurance contract covering the consequences of the seller’s professional civil liability;
17° Information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as those concerning the assistance contract covering certain risks individuals, including repatriation costs in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;
18° The deadline for informing the seller in the event of assignment of the contract by the buyer;
19° The commitment to provide the buyer, at least ten days before the scheduled date of departure, with the following information:
- a) The name, address and telephone number of the seller’s local representation or, failing that, the names, addresses and telephone numbers of local organizations likely to help the consumer in the event of difficulty or, failing this, the phone number to establish urgent contact with the seller;
- b) For travel and stays of minors abroad, a telephone number and an address allowing direct contact with the child or the person responsible for their stay on site;
20° The clause for termination and reimbursement without penalty of the sums paid by the buyer in the event of non-compliance with the information obligation provided for in 13° of article R. 211-4;
21° The commitment to provide the buyer, in good time before the start of the trip or stay, with the departure and arrival times.
Article R211-7
The buyer can assign his contract to an assignee who meets the same conditions as him to make the trip or stay, as long as this contract has no effect.
Unless more favorable to the assignor, the latter is required to inform the seller of his decision by any means allowing him to obtain an acknowledgment of receipt no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This assignment is not subject, under any circumstances, to prior authorization from the seller.
Article R211-8
When the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it must mention the precise methods of calculating, both upwards and downwards, the variations prices, and in particular the amount of transport costs and related taxes, the currency or currencies which may have an impact on the price of the trip or stay, the part of the price to which the variation applies, the price of the or currencies used as a reference when establishing the price appearing in the contract.
Article R211-9
When, before the departure of the buyer, the seller finds himself forced to make a modification to one of the essential elements of the contract, such as a significant increase in the price and when he disregards the obligation to information mentioned in 13° of article R. 211-4, the buyer may, without prejudice to recourse for compensation for any damage suffered, and after having been informed by the seller by any means making it possible to obtain an acknowledgment receipt:
-either terminate his contract and obtain immediate reimbursement of the sums paid without penalty;
-either accept the change or substitute trip offered by the seller ; an addendum to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums remaining due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of his departure.
Article R211-10
In the case provided for in Article L. 211-14, when, before the departure of the buyer, the seller cancels the trip or stay, he must inform the buyer by any means allowing him to obtain an acknowledgment of receipt; the buyer, without prejudging recourse for compensation for any damage suffered, obtains from the seller the immediate reimbursement and without penalty of the sums paid; the buyer receives, in this case, compensation at least equal to the penalty he would have incurred if the cancellation had taken place by him on that date.
The provisions of this article do not in any way prevent the conclusion of an amicable agreement having as its object the acceptance, by the buyer, of a substitute trip or stay proposed by the seller.
Article R211-11
When, after the departure of the buyer, the seller finds it impossible to provide a major part of the services provided for in the contract representing a significant percentage of the price honored by the buyer, the seller must immediately take the following provisions without prejudice to claims for compensation for any damages suffered:
-either offer services to replace the services provided by possibly supporting any additional price and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him, upon his return, the difference in price;
-either, if he cannot offer any replacement service or if these are refused by the buyer for valid reasons, provide the buyer, at no additional cost, with transport tickets to ensure his return under conditions that can be deemed equivalent to the place of departure or to another place accepted by both parties.
The provisions of this article are applicable in the event of non-compliance with the obligation provided for in 13° of article R. 211-4.
2.DEFINITIONS
AXXESS TRAVEL is a Limited Liability Company with a capital of 10,000,000 CFP, whose registered office is located Immeuble Espace Moselle, 22 rue Duquesne, Quartier Latin, 98 845 Nouméa, registered in the Trade and Companies Register of Nouméa under the n°91 B 306 837 and holder of IATA approval, under the company Axxess Travel Representation n° 21-30102.
AXXESS TRAVEL has taken out with the company ALLIANZ IARD located Case Postale B 406, 87 rue de Richelieu – 75113 Paris Cedex 02, represented by Cabinet LEFEVRE-CORNETTE, 40 rue de la République in Nouméa, a contract n° 6211124337covering the consequences of his professional civil liability.
AXXESS TRAVEL benefits from a financial guarantee issued by Societé Générale Calédonienne de Banque, head office 44 rue de l’Alma- BPG2 98848 Noumea Cedex.
Organizer/Travel Agency/Wemeans AXXESS TRAVEL.
In the sale of packages and Dynamic Packages, AXXESS TRAVEL acts as a travel organizer and is subject to articles L.211-1 and following of the Tourism Code.
In the sale of services alone (plane tickets or accommodation), AXXESS TRAVEL acts as an intermediary between the Buyer and the suppliers. In accordance with article L.211-17 of the Tourism Code, AXXESS TRAVEL escapes full liability for all reservation or sale operations not included in a tourist package as defined in article L. 211-2 of the Tourism Code.
Purchaser means any natural or legal person who reserves, orders and/or purchases a service offered by the Organiser, such as the supply of plane tickets, accommodation services, supply of tourist packages/packages or any other service.
Group The products sent on the site are addressed exclusively to individual customers with a maximum of 9 people per file. From 10 people, the file constitutes a group subject to special pricing. (For some companies, a group is made up of 11 people).
Duration of the offerThe travel sales offers offered on the AXXESS TRAVEL website, governed by these conditions of sale, are normally valid as long as they remain online until exhaustion places available, and may vary in real time. The offers and prices are constantly updated by the service providers and fluctuate independently of the Organizer’s control.
Package In accordance with article L.211-2 of the Tourism Code, constitutes a tourist package (or a stay) the service:
1) Resulting from the prior combination of at least two operations relating respectively to transport, accommodation or other tourist services not ancillary to transport or accommodation and representing a significant part of the package;
2) Exceeding twenty-four hours or including an overnight stay;
3)Sold or offered for sale at an all-inclusive price.
Self flight: air transport service that is not part of a tourist package.
Multi-Airline Booking: refers to a combination of single journeys operated by different airlines. In case of modification of a route by one of the carriers (eg cancellation, change of schedules), if the Buyer wishes or must modify the other route, it is possible that the other airline company applies modification fees different depending on the fare conditions of each ticket.
3.CAPACITY
The Buyer acknowledges having the capacity to contract under the conditions described, i.e. being of legal majority, being legally capable of contracting and not being under guardianship or curatorship. The Buyer guarantees the truthfulness and accuracy of the information provided by him or any other person who placed the order in his name and on his behalf.
Warning: Reminder of the terms of article L 313-1 of the Penal Code: “The fraud is the fact, either by the use of a false name or a false quality, or by the abuse of a real quality, either by the use of fraudulent maneuvers to mislead a natural or legal person and to determine him, to his prejudice or to the prejudice of a third party, to hand over funds, securities or a any good, to provide a service or to agree to an act operating obligation or discharge. Fraud is punishable by five years’ imprisonment and a fine of €375,000”.
4.PRICES AND RULES
Price
All prices are displayed in Pacific Francs.
Unless expressly stated otherwise in the description of the offer, prices do not include:
– air taxes, and fuel surcharge;
– issue fees for flights or reservation fees for hotels or packages/stays (2 to 5% of the ticket price);
-service fees
–insurance;
–for air services: the exit taxes required by certain countries, to be paid locally in cash, during check-in; excess baggage; airport car parks; visas and the costs of completing the administrative and health formalities necessary for the completion of the trip: vaccinations, medical treatments, etc. ;
–for hotel services: tourist taxes; Additional local or other taxes (e.g. municipal taxes) that may be imposed by local authorities in some countries; payment is made on the spot and in local or other currency; single room supplement; meals not included in the formula chosen during the stay, and those consumed during stopovers; drinks, including those taken during meals (including bottles of water when the hotelier does not have drinking water); baby shares to be paid on site directly to the hotelier; telephone communications; optional visits and excursions, admission to museums and sites; paid activities; personal expenses; mandatory tips in some countries; tips for the guide or the driver during a stay.
In accordance with French case law, in the event of display of an erroneous price, clearly derisory (low price), whatever the reason (computer bug, manual error, technical error, etc.), the sale is nothing. The order, even validated by the Organiser, will be cancelled. The Organizer cannot under any circumstances be held liable and make any compensation whatsoever relating to ancillary costs (transport, rental, etc.) which would have been generated by the purchase of a service whose price would result from a material error of computer labeling.
Attention: Additional local taxes may be imposed by local authorities in some countries . In this case, these taxes are the responsibility of the Buyer and are to be paid locally and in local or other currency. The prices are established on the basis of the tariffs and exchange rates indicated below and are subject to revision. Prices must be confirmed prior to ute registration.
Application fees
Any reservation entails the payment of administration fees. Application fees are non-refundable.
Any registration for a formula including air services entails the payment of non-refundable ticketing fees, amounting to 2,000 to 10,000 CFP per person, depending on the airlines and the destination. AXXESS TRAVEL reserves the right to modify the amount of the administration fees and ticketing fees at any time.
Price revision
The prices indicated are those in effect on the date of the reservation. Prices are established on the basis of tariffs and exchange rates. They are subject to revision. Prices must be confirmed prior to any registration.
In the event of a change in the amount of taxes, passenger fees and/or fuel surcharges applied by the authorities and/or airlines, these will be fully and immediately passed on to the price of all products from the date of their publication. application, except for customers already registered and having already paid the full amount of the corresponding service.
Payment Methods
The Buyer has several payment methods:
– By bank cards and payment cards
The Organizer accepts the following bank cards and payment cards in its travel agency located at 22, rue Duquesne 98845 NOUMEA, or when booking by phone:
– Carte Bleue, Visa,
– Eurocard/MasterCard;
– the Maestro card;
– the American Express card
The credit card and cash are the only means of payment for reservations for stays less than thirty (30) days before departure.
– By bank transfer:
The Organizer accepts payment by bank transfer. The transfer must imperatively be confirmed by the issuing bank. This confirmation of transfer must be sent to the accounting department by fax, the contact details of which will be sent when the order is confirmed. This confirmation of transfer must mention the surname, first name and order number. It must be sent before the day of the option date; the option being defined as the deadline on which the reservation file is closed. Attention: the costs relating to the transfer remain the responsibility of the Buyer.
– By cash (exclusively in CFP francs):
Cash payments are only possible at the AXXESS TRAVEL travel agency at 22, rue Duquesne 98845 NOUMEA.
– By check (exclusively in Pacific francs):
The Organizer accepts payment by check except within 30 days of departure.
– Per gift voucherAXXESS TRAVEL
The Purchaser can use these gift vouchers directly from the AXXESS TRAVEL agency 22, rue Duquesne 98845 Nouméa.
Terms of payment
For any operation within 30 days of departure: The full amount of the stay will be required when booking. More than 30 days before departure: A deposit equal to 50% of the total amount of the trip will be required when booking. The balance is payable no later than 30 days before departure.
For any reservation of hotel services, the Buyer must pay a 50% non-refundable deposit at the time of reservation, and settle the entire file no later than 3 months after the reservation.
For any non-refundable plane ticket reservation, the Buyer must settle the entire file within the announced payment period.
Deposits and balances must be able to be cashed within 24 working hours of their due date. In the case of a file not settled within the deadlines, the Travel Agency is entitled to demand payment, or to cancel the stay if the buyer does not regularize his stay.
Special cases. Special operations
In the context of special operations, the Travel Agency may invoice 100% of the total amount of the trip upon invoicing. This specificity will be indicated on the product description sheet. These are stays identified and/or labeled as “Promotional offer”, “Limited places” as well as all stays with a promotional date. In the event that the buyer has only validated a deposit knowingly, the Travel Agency would then be entitled to demand payment of any open file, or to cancel the stay if the buyer does not regularize his file.
For all services (including stays):
Registration is effective upon reservation but the reservation ation is final once the full balance by the Buyer.
Payment being an essential condition of the contract, the order will be canceled for non-payment. This also applies to any rejection of payment, whatever the cause. Before receipt and collection of full payment, the Organizer is not required to perform its service. In all cases, the Buyer is responsible for paying all agreed amounts for the products or services ordered.
The following are not considered to discharge the debt: the delivery of a credit card number until the agreement of the payment center is obtained or a transfer before confirmation from the Buyer’s bank .
Similarly, payment by the Purchaser to a travel agency for a service provided by the Organizer is not considered discharge of the debt until the Organizer has received full payment. of the service ordered by said travel agency. If payment is not made by the intermediary travel agency on time, the Organizer is entitled to cancel the reservation made by the travel agency on behalf of the Purchaser. Before receipt of full payment, the Organizer is not required to perform the service, subject of the contract, in particular to issue a ticket.
Non-compliance by the Buyer with the payment conditions will be considered by the Organizer as a cancellation by the Buyer. In the event that the payment proves to be irregular, incomplete or non-existent, for any reason whatsoever, the sale of the reserved services will be cancelled, the resulting costs remaining the responsibility of the Buyer.
Warning: The Organizer actively participating in the fight against bank card fraud may be required to request by any means whatsoever to the Buyer a photocopy of the bank card used to pay for the order as well as that of the passport or identity card of the holder of the bank card, and that of the passenger. In the absence of a response from the Buyer or inability to reach the Buyer within the time limits in relation to the option dates, the Organizer will not be able to process the order and the reservation request will be canceled free of charge.
5.ADMINISTRATIVE AND SANITARY FORMALITIES
It is up to the customer to ensure that he is in order (and that the people appearing on his file are also in order) with the police, customs and health formalities, which have been indicated to him for the realization travel. Some countries require the validity of the passport to be more than 6 months after the return date, as well as the presentation of a return or onward ticket and sufficient funds and a certificate of assistance insurance. Children can no longer be entered on the parents’ passport. For all destinations requiring a passport, a minor, regardless of age, must now have a passport, which is valid for 5 years and an authorization to leave the territory if the minor child is not accompanied by a ‘a person with parental authority.
We invite you to consult the site www.diplomatie.gouv.fr
NB: as of January 12, 2009, travelers wishing to travel to the United States or transiting through the United States under the Visa Waiver Program are now subject to additional security and must request, at least 72 hours before their departure, a pre-authorization by means of the following process: fill out an application on the official website: https://esta.cbp.dhs.gov
Reminder: the documents required, in particular to be exempted from a visa, depend on the date of issue or renewal of the passport. You can refer to the information on the aforementioned website: https://esta.cbp.dhs.gov /esta/WebHelp/helpScreen_fr.htm, which also specifies the list of countries participating in the Visa Waiver Program.
It is up to the customer to scrupulously respect the applicable formalities and to check the conformity of the spelling of the surname and first name appearing on the travel documents with those written on their identity papers (passport, visa, etc.). Customers who have booked flights at a typological rate (family, young people, couples, seniors, etc.) must provide supporting documents that may be requested from them during check-in.
A passenger who cannot board a flight because he or she fails to present the required documents (passport, visas, vaccination certificates, tickets, etc.) cannot claim any refund. The same goes for stopovers, transits…
Deli fees Vance of passports, visas and other travel documents (tickets or repurchase of tickets) remain the responsibility of the customer and cannot, under any circumstances, be reimbursed. Some companies accept pets; the client must be in possession of their up-to-date vaccination record.
In the event of the occurrence of a political or health event (before or after the conclusion of the contract) which may present constraints or dangers for the customer, AXXESS TRAVEL may make the customer’s departure subject to the signing of a document under which the customer acknowledges having read the risks associated with his stay. AXXESS TRAVEL may also be required to cancel the customer’s stay.
At the health level
It is up to the customer to check with the authorities concerned, the health risks that may present his/her country(ies) of destination, and the countries of stopovers and transits and his/her trip, as well as the recommendations issued by the authorities in matter and conform to its latest.
For any information concerning health risks, it is recommended to regularly consult the following websites:
• Ministry of Foreign Affairs: www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs
• Ministry of Health: www.sante-sports.gouv.fr
• Health Monitoring Institute: www.invs.sante.fr
• World Health Organization (WHO): www.who.int
If a customer is traveling within the European Union, it is recommended to obtain the European Health Insurance Card (free) which, in the 27 EU Member States, Iceland, Liechtenstein, Norway and Switzerland, will allow you to have the same access to public health care (e.g. doctor, pharmacy, hospital) as nationals of the country you are visiting. If this health care is chargeable, reimbursement will be possible on return to the country of origin on the basis of French rates by health insurance institutions.
France is linked with other countries by international or bilateral social security agreements allowing reimbursement on the basis of French rates for treatment received abroad; to find out more, visit the websitehttp://www.cleiss.fr/
Furthermore, due to the risk of introducing diseases into the European Union (EU), the import of personal non-commercial packages of animal products into the EU is subject to strict procedures in application of a European regulation of March 5, 2009. These procedures do not however apply to the movement of animal products between the 27 Member States of the EU nor to animal products from Andorra, Liechtenstein, Norway, Saint-Martin and Switzerland or, depending on the type of product, Croatia, the Faroe Islands, Greenland or Iceland.
All affected animal products that do not comply with these rules must be surrendered upon arrival in the EU for official disposal. Failure to declare these products is liable to a fine or criminal prosecution.
For more information, consult the European Commission website:
http://ec.europa.eu/food/animal/animalproducts/personal_imports/index_en .htm
6.CANCELLATIONS OR CHANGES
By the customer
Any request for cancellation or modification from the client may be made at their registration agency. Confirmation by email or fax will be requested. The date of receipt of the aforementioned confirmation will be the date used for the calculation of the costs referred to below.
In the event of cancellation or modification of any service, the insurance premium, visa fees, the “Fuel Guarantee”, taxes, administration fees and ticketing fees are not refundable.
Any cancellation or modification by the customer entails the collection of the following cancellation fees:
– Modification fees: 3500 CFP per person.
– Cancellation fees: 10,000 CFP per person.
To these costs are added those of the airline.
It is specified that certain flights, journeys or stays may be subject to special cancellation conditions which appear on the travel contract and/or the invoice.
Some promotions or special operations are non-refundable. 100% of the amount of the reservation is therefore retained in the event of cancellation. For the services n hotel companies, each hotel has its own reimbursement conditions. Contact us for details.
When the customer does not show up for departure, check-in or the first service at the times and places mentioned in his travel diary or if the customer is unable to take part in the trip (failure to presentation of the necessary documents, such as passport, visa, vaccination certificate, or other causes…) the trip will not be reimbursed under any circumstances and the above cancellation costs will be due to AXXESS TRAVEL.
It is specified that the cancellation by the customer of one or more participants registered in the file may result, where applicable, in addition to the costs referred to, in a price readjustment (e.g. application of the “single room” price instead of the “double room” rate, distribution of the total cost of the rental between the participants who are still registered, etc.
By AXXESS TRAVEL
– Modification by AXXESS TRAVEL before departure
Cases of force majeure
(civil or foreign war, riots, popular movements, strikes; acts of terrorism or sabotage, the consequences of infectious risk situations in an epidemic context subject to quarantine or preventive measures or specific surveillance on the part of local and/or national health authorities, natural disaster, political problem inducing a risk to personal safety).
If, before departure, an external event beyond the control of AXXESS TRAVEL forces AXXESS TRAVEL to modify an essential element of the contract concluded with the customer, AXXESS TRAVEL will notify the customer using the contact details provided by the latter, as soon as possible. as soon as possible, and will propose either a modification of the trip or a cancellation with or without penalties.
Technical problem
The specific conditions “technical problems” refer to the management of the airline.
When a minimum number of participants is required for the completion of a tour or trip and this number is not reached by the issue deadline, AXXESS TRAVEL informs the customer at least 30 days before the departure date. AXXESS TRAVEL then offers the customer alternative solution(s) at the current rate or full reimbursement of the sums paid, without being required to pay any compensation or indemnity for the benefit of the customer.
A tour is “guaranteed departure” when it is not subject to a minimum number of participants.
– Modification by AXXESS TRAVEL after departure
If, after departure, AXXESS TRAVEL is unable to provide a major part of the services provided, representing a significant percentage of the price paid by the customer, AXXESS TRAVEL will make its best efforts to replace them with services equivalent under the conditions provided for in article R. 211-11 of the Tourism Code. If AXXESS TRAVEL cannot offer any replacement service or if the replacement services are refused by the customer for valid reasons, AXXESS TRAVEL must ensure the return of the customer, without additional cost and under equivalent conditions, to the place of departure. or to another place agreed between AXXESS TRAVEL and the client.
– Cancellation by AXXESS TRAVEL before departure
If AXXESS TRAVEL decides to cancel the trip or stay before departure, AXXESS TRAVEL will notify the customer. If the parties do not reach an amicable agreement on a substitute trip or stay, AXXESS TRAVEL will reimburse the customer for all sums paid. These provisions do not apply in the cases referred to in Article L. 211-17 of the Tourism Code.
7.INSURANCE
No insurance is included in the prices offered by the Organiser. Therefore, the Organizer recommends that the Buyer take out the insurance contract offered during the reservation covering the consequences of the cancellation or modification of the service purchased, as well as assistance covering certain specific risks. including repatriation costs in the event of accident or illness and baggage cover. The risks covered by these guarantees, their cost, the amount of the guarantees, the exclusions, the terms of reimbursement appear on the insurance contract. The Organizer invites the Buyer to read the contract scrupulously before any registration. The subscriber can receive a copy of the contract free of charge on simple request from the travel agency and/or consult and print it on the AXXESS TRAVEL website. The insurance must be taken out at the same time as the travel order. NOT We advise you to carefully read the exclusions of guarantees. In the event of cancellation, whatever the date and the reason, the amount of the insurance premium taken out is never refundable.
8.CLAIMS
As referred to in Article L.121-19, III of the French Consumer Code, the guarantee refers to the follow-up provided by the after-trip service, once the service has been completed. In accordance with paragraph 12 of article R.211-6 of the Tourism Code, any complaint must be sent to AXXESS TRAVEL by registered letter, accompanied by original supporting documents, within one month after the date of return, at the following address: 22 rue Duquesne, 98845 Nouméa.
The response time may vary from 1 to 3 months, depending on the length of our investigation with the service providers. Any mail not accompanied by original supporting documents will be filed without further action.
9.RIGHT OFCANCELLATION
Under Article L.121-20-4, 2° of the French Consumer Code, the right of withdrawal provided for in distance selling (by telephone) is not applicable to contracts whose purpose is object the sale of accommodation, transport, catering and leisure services which must be provided on a date or according to a determined periodicity.
10.BENEFITS
– Air transport
Responsibilities
In the context of the purchase of plane tickets, the Organizer acts as a simple intermediary between the carrier and the Buyer. The organizer acts as the Buyer’s agent, in whose name and on whose behalf it concludes the air transport contract. The contract of carriage is established by the simple delivery of the plane tickets, in accordance with article L.322-1 of the French Civil Aviation Code.
The Organiser’s liability for the delivery of dry flights is subject to the regime of Article L.211-18 of the Tourism Code. Under no circumstances can the Organizer be held responsible for circumstances of force majeure, for third parties unrelated to the provision of the planned services or for poor performance for circumstances attributable to the Buyer.
Changes to schedules or routes, stopovers, airport changes, delays, missed connections, flight cancellations are some of the constraints specific to air transport. These situations are most often related to occasional airspace congestion, compliance with air navigation rules, safety requirements and aircraft verification. In the event of compliance with the provisions of Regulation (EC) 261/2004 governing the rights of passengers during air transport, the Organizer cannot be held responsible for the aforementioned cases, as well as for any facts attributable to fortuitous events. , cases of force majeure (strikes, bad weather, wars, natural disasters, epidemics, attacks, technical incidents etc.), due to third parties or the Buyer (presentation after the time of convocation at the airport, refusal to check-in or boarding for non-compliance with police, health or customs formalities, failure to show up for boarding, etc.).
Any costs resulting from these unforeseen events (taxi, hotel, parking, pre and/or post air transport, etc.) remain the responsibility of the passenger.
In all cases, the responsibilities of the airlines, their representatives, agents or employees, are limited, in the event of damage, complaints or claims, only to the strict air transport of passengers and their luggage as specified on the conditions of the contract of carriage concluded between the company and the passenger. The consequences of accidents or incidents that may occur during the performance of air transport are governed by the provisions of the Montreal Convention of May 28, 1999 or the modified Warsaw Convention of October 12, 1929 or local regulations governing transport according to the law of the country concerned.
Customers who have booked flights at a typological rate (family, young people, babies, couples, seniors, etc.) must provide supporting documents that may be requested from them during check-in.
Flight tickets
Airline tickets will be issued after full payment of the price. They will be issued in the form of electronic tickets (i.e. a non-materialized ticket), except for airlines not eligible for this type of ticket. In the latter case, the materialized ticket must be collected directly from the agency (22, rue Duquesne, 98845 Nouméa).
Since 1st June 2008, the International Air Transport Association (IATA) has imposed new rules on the issuance of air tickets. A c From this date, travel agencies and airlines have the obligation to issue tickets in electronic format only (electronic ticket or “e-ticket”).
Despite the availability of an air route, the Organizer may be unable to honor the reservation. Indeed, due to technical constraints specific to airline systems and for certain situations (babies under 2 years old, interline agreements, groups, etc.), issuing tickets electronically may prove impossible. This situation beyond the control of the Organizer cannot engage its own responsibility.
A Multi-Airline booking means a combination of single journeys operated by different airlines. In case of modification of a route by one of the carriers (eg cancellation, change of schedules), if the Buyer wishes or must modify the other route, it is possible that the other airline company applies modification fees different depending on the fare conditions of each ticket.
Low-cost flights
Definitions: “Low-cost” airline, commonly referred to in France by the English term “low-cost” offering short or medium-haul flights offering reduced services compared to regular, charter and charter companies.
Onboard services are reduced to a minimum and are generally offered as an option and subject to additional costs to be borne by the passenger. The price of the flight does not include a meal tray or snack. Seats cannot be assigned in advance. In general, the so-called “low-cost” companies do not allow the transport of pets. The fares published by the so-called “low-cost” company cannot be sold to minor passengers under the age of 14 traveling alone.
Dry flights
The sale of single tickets, also referred to as the sale of “only flights” or “only ticketing”, is defined as the sale of the only air transport ticket not accompanied by tourist services, such as hotel stays or packages. In accordance with Articles L. 211-7 and L. 211-17 of the Tourism Code, these services do not fall within the scope of the provisions relating to the sale of trips and stays. In particular, AXXESS TRAVEL is only liable vis-à-vis the customer as an agent of the carriers whose tickets it sells. Under the terms of the mandate rules (article 1984 et seq. of the Civil Code), AXXESS TRAVEL is only liable to third parties for its breaches in its mission as agent. AXXESS TRAVEL will therefore not be liable if the airline does not provide the transport mentioned on the ticket, for any reason whatsoever: overbooking, cancellation, delay, bankruptcy, technical failure, error or modification of programming or airport. arrival or departure, commercial disputes with third parties. Any complaint must be made directly – or AXXESS TRAVEL will forward any complaint directly – to the carrier whose name is mentioned on the ticket. As agent, AXXESS TRAVEL will apply to the customer the prices fixed and applied by the air carriers at the time of the sale.
Matches
According to international conventions, matches are not guaranteed. The carrier reserves the right, in the event of facts beyond its control or technical constraints, to transport passengers by any mode of transport of its choice with reasonable diligence, without any compensation being claimed by them. For this reason, the Organizer recommends that the Buyer make no commitments on the day of departure as well as the day or the day after the return from his trip.
Baggage
Items covered by IATA international regulations on hazardous materials and in particular explosive, flammable, corrosive, oxidizing, irritating, toxic or radioactive items, compressed gases and objects or products not authorized by the authorities are prohibited in baggage. States or subject to restrictions such as liquids contained in cabin baggage.
AXXESS TRAVEL cannot be held responsible for any denied boarding or confiscation of an object deemed dangerous by the company or the airport authorities.
It is up to Users to find out from the airline on which they have planned to travel in order to find out about their policy regarding unauthorized items in baggage and in any case to carefully read the conditions of the transport contract which appear on the back of the plane ticket.
AXXESS TRAVEL cannot be held responsible in the event of the company’s refusal to carry baggage. AXXESS TRAVEL will not be able to bear any costs whatsoever if for this reason a passenger is denied boarding of his luggage.
The weight of luggage allowed is different on national and international flights, and according to the companies; AXXESS TRAVEL travel advisors will inform the customer about this.
Carry-on baggage: Each company has its own policy. Most frequently, only one piece of cabin baggage is allowed per passenger whose total dimensions (circumference) do not exceed 115cm (width + length + height = 115 cm) and whose total weight does not exceed 7 kgs. This maximum weight and size can be modified according to the type of device. In any case, this baggage remains the responsibility of the User for the duration of the trip.
Checked baggage: Each company has its own policy. Most commonly there is a baggage allowance of 15 kgs per passenger on charter flights and a baggage allowance of 23 kgs per passenger on scheduled flights (economy class). In case of excess, if authorized, the passenger will have to pay a supplement to the airline at the airport. In general, Low-Cost companies do not apply a franchise and charge a supplement for each piece of checked baggage. Companies generally charge extra for oversized luggage such as surfboards, windsurfers, bicycles, golf bags, etc.
People wishing to travel with an animal or take bulky luggage are invited to check with the airline concerned to check the conditions under which transport is possible.
In case of loss or damage to luggage during air transport, it is up to the customer to make a declaration at the airport of arrival to the airline.
Overbooking
Sometimes passengers who have booked a flight do not show up for boarding. To remedy this problem of “no-shows”, airlines practice overbooking or “overbooking”. It may therefore happen that the number of seats available is not sufficient to accommodate all the passengers who present themselves for boarding. In this case, some passengers cannot take the scheduled flight.
In the event of overbooking, a practice that compensates for the no-show of passengers, the airline is required to offer compensation to the passenger who suffers this inconvenience. The Organizer cannot be held responsible in the event of overbooking. The Organizer cannot bear any costs whatsoever if a passenger is denied boarding for this reason.
When a person makes several reservations on the same flight (practice called “dupe”), or on several flights of the same airline for the same air route, on the same day, certain companies reserve the right to cancel seats without notice and without any refund.
No Show
For airlines, in the event of a no-show at departure, the Airline reserves the right to cancel the other services as well as the return flight.
Any trip interrupted, shortened or any service not consumed by the Buyer will not give right to any refund, in particular any plane seat on the outward and return journey. If the buyer has taken out optional insurance covering in particular the interruption of the stay, he must comply with the cancellation terms set out in the conditions of the insurance contract.
All sections of tickets, including train tickets, must be used, and in order, otherwise the airline reserves the right to readjust the fare or cancel the seats.
Children
Parents of minor children are required to find out about the specific formalities to be completed. Airlines may refuse the carriage of unaccompanied minors or make their carriage subject to the reservation of a ticket with a special price corresponding to their care by the airlines. Customers are advised to inquire with the airlines.
Children under 2 years old do not have a seat on the plane unless the parents have ordered and paid for a ticket at the child rate specifically for them.
Infants and children are considered as such if they have not reached the age of 2 and 12 respectively before using their return ticket. Unaccompanied minors, commonly referred to as “UM” (unaccompanied minor) are not always entitled to benefit from these fare bases.
Between 4 and 12 years old (inclusive), the unaccompanied child has the status of “UM” passenger (unaccompanied minor or unaccompanied child). During check-in, the child benefiting from this quality is taken care of by the airline, at no specific additional cost. From this precise moment, it is placed under the legal responsibility of the carrier. A hostess accompanies the child until boarding; during his trip and/or in the event of a connection with the same company, he is monitored by the flight crew. On arrival, the child is assisted by a hostess until the identity check. After this check, the child is picked up by the previously designated person.
For children under 4 years old and over 12 years old, this service is possible at an additional cost.
Children under 15 unaccompanied by an adult or not traveling in UM (unaccompanied minor or unaccompanied child) are refused.
Apart from this service, airlines do not provide legal custody for children over 12 traveling alone but can provide assistance in the event of difficulty. The terms of acceptance or refusal of unaccompanied minors under the age of 12 are left to the discretion of the airline.
To find out which companies provide transport for unaccompanied minors, you can consult your travel agent.
Meals
Generally, charter flights do not offer special meals. On scheduled flights, check directly with the company on which you plan to travel.
On flights operated by Low Cost airlines, services on board, in particular drinks and catering are generally chargeable, in some cases they are very reduced.
Registration
In general, passengers must present themselves at the airport counter three hours before take-off. It is the Purchaser’s responsibility to check with the airline the check-in deadline beyond which passenger check-in is no longer accepted.
Warning: disabled people, passengers with oversized baggage or excess baggage must contact the airline beforehand to check the check-in deadline. AXXESS TRAVEL cannot be held responsible and will not be able to cover any costs whatsoever, nor the reimbursement of the unused ticket if a passenger is refused check-in for presentation beyond the check-in deadline.
Identity of carrier
In the case of commercial agreements between scheduled airlines known as “Code sharing” (code share), it is possible that the User makes the trip, in whole or in part, with a other airline than the one stipulated on the plane ticket without giving right to any tariff readjustment and/or compensation. AXXESS TRAVEL cannot be held responsible for these changes.
For its trips and stays, AXXESS TRAVEL entrusts the performance of its flights to regular or charter companies, contractual and de facto (code sharing for example). AXXESS TRAVEL uses the services of regular French or foreign airlines, duly authorized by the DGAC or its supervisory authority, to fly over and serve the French territories and destination. Any change or modification of the airline will be brought to the attention of the customer under the conditions of the aforementioned applicable texts. Failure to comply with the information obligation provided for in Article R. 211-4-13° of the Tourism Code in the case of a tourist package, gives the customer the right to cancel, without charge or penalty.
Loss or theft of ticket
For paper tickets, if your ticket is lost or stolen during your trip, you must make a specific declaration to the police and the airline and insure your return by purchasing another ticket from the issuing company. All consequences arising from the loss or theft of a ticket are your responsibility. For e-tickets, you can request a copy of your e-ticket by email.
Miscellaneous Provisions
Any seat not used on the outward and/or return journey, for any reason whatsoever, cannot be refunded. AXXESS TRAVEL cannot be held responsible for delays occurring beyond its control (intensity of air traffic, strikes, attacks, cataclysms, technical or other incidents).
Any trip interrupted, shortened or any service not consumed by the User will not give the right to any refund, in particular any plane seat on the outward and return journey.
On scheduled flights, all sections must be used, otherwise the company has airline reserves the right to readjust the price or cancel seats.
Cancellation and change fees
The cancellation or modification of your reservation entails costs which will be invoiced to you according to the scale below:
Cancellation fee: 10,000 CFP per passenger. To these costs are added those of the airline and emission costs. Change fee: 3500 CFP per passenger. To these costs are added those of the airline, and possibly, a price readjustment according to new availabilities.
Pregnant women
Airlines may require pregnant women, before boarding, to provide a medical certificate stating in particular the term of their pregnancy. It is recalled that airlines sometimes refuse boarding to pregnant women, when they consider that due to the term of the pregnancy, a risk of premature delivery during transport is possible.
Changes
For some trips, the departure and return dates are subject to change if the conditions of the airline company require it. The customer will be immediately notified and must provide his telephone numbers for this purpose when registering. It is strongly recommended that the customer provide a mobile phone number; It is indeed essential, especially in the event of last-minute changes, that AXXESS TRAVEL be able to inform the customer quickly.
Special requests
To facilitate transport and verify the application of the specific rules of the airline regarding assistance to persons, the Purchaser must imperatively notify the Organizer of any assistance needs (physical or mental disability, age, illness, heavy build etc.).
Advice
AXXESS TRAVEL generally advises planning a minimum connection time of three hours and recommends that its customers who have to carry out pre- or post-routing, book transport tickets that can be changed or even refunded, in order to avoid the risk possible financial loss.
DYNAMIC PACKAGE
Definition of Dynamic Packages: combination by the Buyer of dry flight and dry hotel in which transfers are never included, unless otherwise stated. Meals are not included unless otherwise stated when booking. For this type of product, no payment schedule is possible.
Responsibilities
In the sale of Dynamic Packages and Stays, AXXESS TRAVEL acts as a travel organizer and submits to articles L.211-1 and following of the Tourism Code.
The Organizer cannot be held responsible for fortuitous events, cases of force majeure (strikes, bad weather, wars, natural disasters, epidemics, attacks, technical incidents, etc.), due to third parties, the Buyer or Supplier.
Any costs resulting from these unforeseen events (taxi, hotel, parking, pre and/or post air transport, etc.) are the responsibility of the Buyer.
Duration of Stay
The length of stay at the hotel is that defined on the voucher. The duration of the trip is calculated from the day of the call at the departure airport until the day of return. The prices are calculated in relation to a number of nights. The night corresponds to the period of availability of the rooms which varies according to the hotels. The first and last day may be shortened due to late arrival or early departure, depending on the schedules communicated by the airline. It is advisable not to provide for professional obligations and/or too short transit/correspondence times on the day of departure or the day before as well as on the day of return or the next day, especially for charter flights which are most often subject to flight plan changes or delays.
The Purchaser will be given, after full payment, an exchange voucher (“Voucher”). The Buyer must imperatively return it to the receptive and/or hotel reception on the day of his arrival. Only the services mentioned exclusively on the voucher are included in the price of the service.
Taking possession and release of rooms
The rooms are made available between 2 p.m. and 6 p.m. on the day of arrival and must be vacated by 12 p.m. the next day. It is not possible to derogate from this rule, therefore any early takeover or late check-out is considered as an additional night for which the customer will have to pay a supplement to the hotelier. In case of late arrival at the hotel, in particular for a Dynamic Package, the Buyer must inform the Travel Agency or the hotelier of this delay in order to guarantee the reservation, at the risk of being considered canceled.
Travel diary
The Buyer will be given or sent by e-mail, after full payment, a travel diary including 1) the transport tickets (airport summons for a chartered flight, plane ticket for a scheduled flight and train for rail transport) and 2) the voucher (“Voucher”) for the ground service. Only the services mentioned exclusively on the voucher are included in the price of the service. In the event that the client does not receive this invitation by email, he is required to contact the agency or the organizer before his departure.
11.PERSONAL DATA
AXXESS TRAVEL collects, in compliance with the law of January 6, 1978 relating to data processing, files and freedoms (applicable in New Caledonia), personal data when consulting the AXXESS Site TRAVEL and orders placed there. The collection of this data allows AXXESS TRAVEL to manage customer requests and ensure the execution of contracts made on the Axxess Travel Site.
Certain information must be provided to AXXESS TRAVEL; they are marked visibly with an asterisk. If this information is not provided by customers, their requests cannot be processed. The other information requested is optional.
AXXESS TRAVEL may, for the purposes of the stay, be required to transmit this data to its service providers (hoteliers, carriers, etc.), some of which are located outside the European Union. In general, customers have the right to access, modify, rectify and delete data concerning them in accordance with the provisions of the aforementioned law from AXXESS TRAVEL Marketing Department, 22 rue Duquesne, 98845 Nouméa.
12.USE OF THE SITE
The Site is available on an “as is” basis and is accessible only as available. AXXESS TRAVEL is in no way responsible if, due to Site maintenance operations or for reasons beyond its control, the User cannot access the Site, or if this access is interrupted, at any time whatsoever. , or if any defect, beyond its control, prevents an operation from being carried out. AXXESS TRAVEL does not guarantee that the Site is free of computer viruses or other anomalies beyond its control.
The information contained on the Site has been the subject of the greatest attention. However, certain errors may occur in the description of the services and/or in the prices between the publication and the dissemination of the information. The rectification will be made when booking and confirmed by the order form.
AXXESS TRAVEL strives to provide illustrative or descriptive photos of the services referenced on the Site. The illustrative photos have the sole purpose of evoking the chosen destination and are only indicative. Descriptive photos have the function of giving an overview of the category or level of standing of a service.
13.FORTUOUS CASES – FORCE MAJEURE
AXXESS TRAVEL cannot be held responsible for fortuitous events, cases of force majeure (in particular strikes, bad weather, natural disasters, interruption of means of communication, etc.) due to third parties, or the fault of the User (presentation after the time of convocation, non-compliance with administrative, customs, health formalities, non-presentation for boarding, etc.). The user will therefore bear all the pecuniary consequences resulting from the occurrence of a case of force majeure affecting the performance of the obligations of AXXESS TRAVEL.
14.APPLICABLE LAW / DISPUTES
The conditions of sale are subject to the law applicable in New Caledonia. Any dispute relating to their interpretation and/or execution is subject to the courts of New Caledonia.