Terms and Conditions

Article 1 – Preamble

These general terms and conditions of sale govern the relationship between the Aubenas-Vals-Antraigues Country Tourist Office, a local tourism organization as provided for in Article L211-1 (II) of the Tourism Code and a member of the ADN Tourisme network, and its customers.

These general terms and conditions of sale are in strict compliance with current regulations and apply to all reservations made from 1st^er September 2024. These terms and conditions supersede all previous versions of the general terms and conditions of sale offered by the Aubenas-Vals-Antraigues Tourist Office. The customer acknowledges having read these general terms and conditions of sale, as provided for in Articles R211-3 to R211-11 of the French Tourism Code, and having accepted their terms by signing the booking confirmation offered by the Aubenas-Vals-Antraigues Tourist Office, which constitutes the Contract, as defined in Article 2 below.

Article 2 - Definitions 

Seller : refers to the Tourist Office of the Aubenas-Vals-Antraigues region, a local tourism organization, member of the ADN Tourisme network, which offers tourist services for sale in its geographical area of ​​intervention: the Community of Communes of the Aubenas Basin.

Client : refers to the person who buys or books a Tourist Service, it being understood that the Client may not be the beneficiary or participant of the tourist service, depending on whether the Client wishes to personally benefit from the tourist service or wishes to allow a third party to benefit from it.

Beneficiary or Participant : refers to the natural person who consumes the tourist service purchased by the Client from the Seller.

Holiday rental or seasonal rental or rural cottage : travel service consisting of the rental of a building concluded for a maximum and non-renewable period of ninety consecutive days, according to the definition given by articles L211-4 of the tourism code and 1-1 (2°) of law n°70-9 of 2 January 1970.

Partner : refers to any person producing or organizing the Tourist Service sold by the Seller to the Client.

Contract This refers to all the reciprocal commitments made by the Seller, on the one hand, and the Client, on the other, concerning the booking or purchase of a tourist service. The Contract comprises the general terms and conditions of sale applicable to all tourism operators, and the booking conditions specific to the tourist service selected by the Client.

Trip : refers to a tourist package within the meaning of the provisions of article L211-2 (II) of the tourism code.

Tourist service or travel service: refers to (i) a travel service or (ii) a tourist service or (iii) a tourist package or (iv) a linked travel arrangement as defined in Article L211-2 of the Tourism Code.

Outdoor activity: refers to a tourist service or a travel service that takes place in a natural environment.

Distribution channel : refers to the technical means by which the Seller offers the Customer the opportunity to book or purchase a Tourist Service (telephone, website, physical reception, …).

Part : This term refers to either the Seller or the Customer, depending on the context in which it appears. In the plural, it refers to both the Seller and the Customer.

Site : refers to the Seller's website(s), including those listed at the address(es): 

• www.ardechesecrete.com
• www.aubenas-vals.com

Article 3 – Prior or pre-contractual information

3-1 Scope

The descriptive information relating to the tourist service offered by the Seller and appearing on the Website or on the document provided to the Client by the Seller constitutes the preliminary or pre-contractual information provided to the Client within the meaning of Article L. 211-8 of the French Tourism Code. The elements of this preliminary or pre-contractual information, the list of which is included in Article R211-4 of the French Tourism Code, are binding on the Seller.

3-2 Modifications

The Seller reserves the right to make changes to these elements of the preliminary information provided that such changes are made to the Client in writing and before the conclusion of the Contract, under the conditions provided for in Articles R211-5 and L211-9 of the Tourism Code.

3-3 Price 

The price of the tourist service, displayed on the Site or on the preliminary information document given by the Seller to the Client, is the one in effect at the time of consultation by the Client.

It corresponds to the price of the tourist service, including all taxes (TTC).

In some cases, additional fees, the details and conditions of which are set out in the prior information, may be charged by the Seller at the time of booking.

The payment terms for this price are also shown on the Site or in the preliminary information document.

3-4 Tourist tax

In accordance with current legislation governing booking platforms, the Seller may (i) collect the applicable tourist tax in the various territories within its geographical area of ​​operation at the time of booking or purchase and (ii) remit it to the inter-municipal authorities on behalf of the Customer. When collected by the Seller, details of this tax are provided on the Website or in the preliminary information document given to the Customer.

3-5 Application fees

Finally, the Seller may also charge a processing fee. Details and the amount of this fee are provided in the preliminary information and may vary depending on the Seller's distribution channel.

3-6 Final price 

The final price including all taxes and fees for the tourist service is indicated to the Client before the final formation of the Contract.

Article 4 – Customer Responsibility 

It is the Client's responsibility to verify that the personal information they provide when booking, making a purchase, or at any other time, is accurate and complete.

When booking online through the Website, it is the Client's responsibility to ensure that the contact details provided are correct and will allow them to receive booking confirmation. Should the Client not receive this confirmation within the stated timeframe, they must contact the Seller immediately. Furthermore, for the proper handling of their booking, the Client must inform the Seller as soon as possible of any changes to the personal information they have provided.

Article 5 – Price review

The price of the tourist service may not be modified by the Seller after the Contract has been formed, except in the limited cases provided for in Article L211-12 of the French Tourism Code and no later than 21 days before the start of the tourist service. In this regard, the booking details specify the parameters for any possible price revision and how the price revision may be calculated based on these parameters.

Under no circumstances may the Client request the cancellation of the reservation due to the price revision unless, as a result of this revision, the price increase was greater than 8% compared to the price initially agreed upon when the Contract was formed.

Article 6 – Seller's Liability  

In accordance with Article L211-16 of the French Tourism Code, the Seller is fully liable to the Client or Beneficiary of the Tourist Service for the performance of the services stipulated in the Contract. However, the Seller may be relieved of all or part of its liability by providing proof that the damage is:

• Whether attributable to the Client or the Beneficiary, 
• If it is attributable to a third party unrelated to the provision of the travel services included in the contract and is of an unforeseeable or unavoidable nature, 
• Either due to exceptional and unavoidable circumstances.

When the Seller is liable, and except in cases of personal injury or damage caused intentionally or through negligence, the compensation claimed by the Client shall not exceed three times the total price of the tourist service.

Article 7 – Online Booking Process 

The online booking process on the Site is as follows:

• The Customer selects the tourist service(s) of their choice and places them in their shopping cart.
• After validating the shopping cart, the Customer enters their personal information and contact details.
• The Client then accesses a page summarizing all the constituent elements of the Contract, the list of which is set out in articles R211-4 and R211-6 of the tourism code.
• A first "click" allows the Customer to validate the terms of the Contract, subject to having expressly accepted these general terms and conditions of sale.
• A second "click" from the Client, reconfirming the latter's acceptance, allows the Client to validate the payment terms of the price.
• In the event that payment is made by credit card, the reservation is considered firm and final and the Contract formed only after acceptance of payment by the Client's bank; any subsequent rejection of payment will result in the immediate termination of the Contract.
• After the Contract has been definitively formed, the Seller will send the Client a confirmation email summarizing all the terms of the Contract; the content of this email constitutes proof of the existence of the Contract.

Article 8 – Offline Booking Process 

In the case of an offline booking, the Seller sends the Customer a draft Contract mentioning all the elements provided for in articles R211-4 and R211-6 of the tourism code and including these general terms and conditions of sale.

The reservation or purchase agreement is definitively formed after receipt by the Seller and before the deadline mentioned on the draft, (i) of a copy of the Contract signed by the Client implying in particular the acceptance of these general terms and conditions of sale (mentioned on the Site and available on simple request from the Seller) and (ii) of payment of the part of the price indicated in the Contract as stated in Article 10 below.

If payment of the portion of the price specified in the Contract is made by credit card, the reservation is considered firm and final, and the Contract is formed, when the customer provides their bank details and security code, either by telephone to the Seller or at one of the Seller's physical booking locations. Any subsequent payment rejection will result in the immediate termination of the Contract.

Article 9 – Absence of right of withdrawal

In accordance with Article L221-18 12° of the Consumer Code, the Customer does not have any right of withdrawal following the purchase or reservation of a tourist service offered by the Seller.

Article 10 - Payment 

Except in the case of online bookings where full payment may be required at the time of booking, the booking becomes firm and final, and the Contract is formed, when a deposit representing at least 25% of the total price of the tourist service is received by the Seller. The balance of the price is due no later than 30 days before the start of the tourist service.

In the event of a booking made less than 30 days before the start of the tourist service, full payment of the price of the tourist service is systematically required at the time of booking. 

The Client who has not paid the full price of the Tourist Service no later than 30 days before the start of the Tourist Service is considered to have cancelled his reservation and will be subject to cancellation fees as indicated in article 16 below.

Finally, and in accordance with article 68 of decree 72-678 of July 20, 1972 as amended, holiday rentals cannot be subject to any payment more than 6 months before the handover of the keys.

Article 11 – Exchange Voucher 

Upon receipt of full payment, the Seller will send the Client a voucher containing practical information regarding the use of the tourist service. The Client is no longer required to present this voucher to the Partner. Upon arrival, the Client may provide their booking reference and present identification matching the name on the booking.

Article 12 – Arrival 

The Client must arrive on the agreed date and at the times indicated on the voucher. In case of late or delayed arrival, or any last-minute cancellation, the Client must notify the Partner whose address and telephone number are provided on the voucher. The price of any unused tourist services due to this delay will remain payable, and no refund will be given.

Article 13 – Duration 

The Client signing the Contract, concluded for a fixed term, may not under any circumstances claim any right to remain on the premises after the dates mentioned in the Contract.

Article 14 – Modification by the seller

The Seller has the option to unilaterally modify the terms of the Contract after the Contract has been formed and before the start of the tourist service and without the Client being able to object, provided that the modification is minor and that the Client is informed as quickly as possible in a clear, understandable and apparent manner on a durable medium.

In the event of a unilateral modification by the Seller to a confirmed and final booked Tourist Service, and if this modification is not minor and concerns an essential element of the contract, such as a price increase of more than 8% compared to the initial price (in the case of application of the price revision clause), the Client has the option of either accepting the modification proposed by the Seller or terminating the Contract without penalty. In the event of termination of the Contract, the Client will be immediately reimbursed for the sums paid for this booking and will be entitled to compensation equivalent to that which the Client would have been liable for had they cancelled the booking on the date of the modification, as mentioned in Article 16 below. 

Article 15 – Cancellation by the seller

The Seller has the option to cancel the reservation free of charge before the start of the tourist service in the following two cases:

• If the number of people registered for the Tourist Service is less than the minimum number indicated in the booking form and if the cancellation occurs no later than (i) 20 days before the start if the Tourist Service exceeds 6 days, (ii) 7 days before the start if the Tourist Service has a duration of between 2 and 6 days or (iii) 48 hours before the start if the Tourist Service does not last more than 2 days.
• If the Seller is prevented from providing the Tourist Service due to exceptional and unavoidable circumstances and if the cancellation occurs as soon as possible before the start of the Tourist Service.

In the cases listed above, the Client is entitled to a full refund of payments made but not to additional compensation for any damage suffered.

In all other cases, the Seller who unilaterally cancels a Tourist Service booked in a firm and definitive manner is liable to the Client not only for the immediate reimbursement of the sums paid by the Client for this booking but also for compensation corresponding to the compensation that the Client would have had to bear if the cancellation had occurred on the same date and as mentioned in Article 16 below.

Article 16 – Cancellation and modification by the customer

Any request for modification or cancellation initiated by the Client of a confirmed and final booking for a tourist service must be submitted in writing to the Seller. The date of receipt of this written notification will be used to calculate the fees outlined below. The request must be made within 48 hours of the start date of the stay; otherwise, no refund will be granted.

Any request for modification not expressly accepted by the Seller and which does not result in an amendment to the Contract with any necessary adjustments will be considered a cancellation. In this regard, and for all facilities located in isolated areas, a request for modification with a view to postponement may be granted exceptionally in certain cases related to weather conditions and accessibility. The request must be made by email or postal mail to the Seller within 48 business hours of the occurrence of the change in weather and/or accessibility conditions.

The cancellation fees are paid by the Client to the Seller and are deducted accordingly from the sums already paid by the Client for the reservation.

If the Client has purchased cancellation insurance, the cancellation fees are covered by the insurer under the terms of the insurance policy, a summary of which is attached to this Agreement. However, in this case, the cancellation insurance purchase fee is non-refundable. Similarly, if a payment solution is implemented by a third party at the Client's request, the payment processing fees associated with this solution and payable to that third party are non-refundable.

16-1 Furnished Rentals and Group/Family Accommodation

For any cancellation by the Client, the amount refunded by the travel department (excluding processing fees) will be calculated according to the following terms:

It is understood that the penalties thus retained will be paid back to the accommodation originally booked.

16-2 Hotels and Bed and Breakfasts

For any cancellation by the Client, the amount refunded by the travel department (excluding processing fees) will be calculated according to the following terms:

If the customer does not cancel their reservation or does not show up at the hotel (no-show), if they do not respect the arrival times and/or dates or if they leave early, no refund will be issued. 

In all cases, the Aubenas-Vals-Antraigues Tourist Office will retain the processing fees.

It is understood that the penalties thus retained will be paid back to the accommodation originally booked.

16-3 Campsites

For any cancellation by the Client, the amount refunded by the travel department (excluding processing fees) will be calculated according to the following terms:

If the customer does not cancel their reservation or does not show up, the accommodation provider may make the pitch or rental available within 24 hours of the scheduled arrival date, and the deposit will remain with the campsite.

Similarly, in the event of failure to comply with the arrival times and/or dates or early departure, no refund will be issued.

In all cases, the Aubenas-Vals-Antraigues Tourist Office will retain the processing fees. It is understood that any penalties thus retained will be credited to the accommodation originally booked.

16-4 Tourism Products and Packages

For any cancellation by the Client, the amount refunded by the travel department (excluding processing fees) will be calculated according to the following terms:

No refunds will be given for early departures or late arrivals.

In all cases, the Aubenas-Vals-Antraigues Tourist Office will retain the processing fees. 

It is understood that the penalties thus retained will be paid back to the accommodation originally booked.

Activities related to the organization and sale of trips or stays on a specific date or during a specified period are not subject to the 7-day withdrawal period applicable to distance selling

16-5 Activities

For any cancellation by the Client, the amount refunded by the travel department (excluding processing fees) will be calculated according to the following terms:

If a last-minute booking is made (less than 24 hours before the date of the activity), no refund will be given in case of cancellation or no-show by the client. 

If the customer does not cancel their reservation or does not show up at the times indicated, no refund will be issued.

Article 17 – Interruption of stay

If the Client interrupts the tourist service before its scheduled end, the Seller will not issue any refund. However, the Client may be entitled to compensation if the reason for the interruption is covered by their cancellation insurance policy.

Article 18 – Assignment of Contract

The Client may transfer the Contract to a third party who meets the same conditions as the Client for using the Tourist Service. In this case, the Client must inform the Seller of their decision by registered letter with acknowledgment of receipt no later than 7 days before the start of the Tourist Service. The Seller will then promptly inform the Client of the amount of the fees associated with this transfer, which may not exceed any additional fees charged by the Partner and the Seller's processing costs for the transfer. In the event of a Transfer, the Client is jointly and severally liable with the third party and to the Seller for payment of the outstanding balance of the price as well as any additional fees incurred as a result of this transfer.

Article 19 – Specific conditions for accommodations

19-1 Capacity

The Contract is established for a limited number of people. If the number of participants exceeds the accommodation capacity specified in the Contract, the Partner may refuse entry to the additional participants. Any termination of the Contract for this reason will then be considered to have been initiated and undertaken at the Client's own risk. In this case, the price of the tourist service will remain payable to the Seller.

19-2 Security Deposit and Inventory of Fixtures

Some types of accommodation require a security deposit from the Client to cover any potential financial consequences of damage that may occur during the stay. The amount of this deposit varies and is specified in the pre-delivery information document. This security deposit is paid to the Partner or their representative at the start of the stay. A joint inspection will be carried out upon arrival and departure to verify the condition of the premises and rental items. Upon departure, the deposit will be returned to the Client, less the cost of any necessary repairs if damage attributable to the Client is found. In the event of early departure (compared to the times indicated on the booking confirmation) preventing the inspection on the day of the Client's departure, the security deposit (or the remaining balance in the case of damage) will be returned by the Partner to the Client within one week.

The Client is required to use the rented property responsibly. The cleanliness of the accommodation upon the Client's arrival must be noted in the inventory. Cleaning of the premises is the Client's responsibility throughout the rental period and until departure.

19-3 Payment of charges

Some types of accommodation require payment of charges corresponding to water, gas, electricity, heating, etc. The details of these charges vary and are specified in the pre-delivery information document. Generally, the charges included in the base price include electricity up to 8 kWh per day, gas for the stove, and cold water. These charges are payable directly to the Partner against receipt. Some rental prices may include a fixed charge for all utilities.

19-4 Hospitality

Prices include room rental with or without breakfast, half-board, or full-board. Unless otherwise stated, they do not include drinks with meals. When a guest occupies a room intended for two people alone, and unless otherwise specified, a supplement called a "single room supplement" will be charged. On the day of departure, the room must be vacated by the time posted at the establishment.

Article 20 – Outdoor Activities

The Seller reserves the right to cancel an activity provided for in the Contract if it is prevented from providing this activity due to the occurrence of exceptional and unavoidable circumstances, as stated in Article 15 above. 

In the same situation of exceptional and unavoidable circumstances, the Seller may also, with the Client's agreement (except in the case of minor modifications as stated in Article 14 above), substitute the original activity with another activity. In this second case, however, the Client is not entitled to any refund. 

In all cases referred to in this paragraph, the Client shall not be entitled to any compensation of any kind.

Each participant must comply with safety rules and follow the instructor's guidance. The Vendor reserves the right to expel any participant from a group at any time whose behavior may be deemed to endanger the safety of the group and the well-being of other participants. In this case, no compensation will be due.

Some outdoor activities require a good level of physical fitness and/or specific equipment. When this is the case, the relevant information will be provided in the preliminary information document.

Article 21 – Animals

The Contract or voucher specifies whether or not the Client may stay with a pet and, if so, whether or not there is an additional charge and/or a higher security deposit for the pet. If the Client fails to comply with this clause, the service provider may refuse to provide the tourist service. In this case, no refund will be issued.

Article 22 – Insurance

The Client is responsible for all damages caused by their actions. They are advised to check whether their personal insurance policy includes holiday insurance coverage. If not, they are strongly recommended to purchase such coverage. The Seller offers the Client the option of purchasing an insurance policy covering the consequences of certain cancellations and providing assistance; the details of the coverage and exclusions are provided in a document that will be given to the Client along with the pre-delivery information document. The Seller is insured for professional liability as indicated elsewhere.

Article 23 – Complaints

Any claim relating to the non-performance or improper performance of the Contract must be submitted in writing to the Seller within 48 business hours. Claims relating to the condition of the premises must be brought to the Seller's attention within 48 hours of arrival.

Article 24 – Tourism Mediator

After contacting the Seller and, if no satisfactory response is received from them within 60 days, the Customer may contact the Tourism and Travel Mediator (MTV), whose contact details are as follows: MTV Médiation Tourisme Voyage BP 80 303 – 75 823 Paris Cedex 17, and whose contact procedures are available on the website: www.mtv.travel

Article 25 – Evidence

It is expressly agreed between the Parties that the data stored in the information system of the Seller and/or its Partners concerning the elements of the Tourist Service have the same probative value as any document which would be drawn up, received or kept in writing. 

Article 26 - Personal data

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, also known as the General Data Protection Regulation or GDPR, and Law No. 2018-493 of 20 June 2018 on the protection of personal data, establish the legal framework applicable to the processing of personal data.

As part of its activity of selling Stays and Tourist Services, the Seller implements and uses the processing of personal data relating to Customers and Beneficiaries. 

In accordance with Article 12 of the GDPR, the Seller has formalized the rights and obligations of Customers and Beneficiaries with regard to the processing of their personal data in a document called "Privacy Policy", accessible at the following address: https://www.aubenas-vals.com/rgpd/ and upon request to the Seller. 

For more general information on the protection of personal data, all interested parties are invited to consult the CNIL website. www.cnil.fr. 

Article 27 – Use of the French language and primacy of French

In accordance with Law No. 94-664 of August 4, 1994, the offers presented on the Seller's websites, as well as these general terms and conditions of sale, are written in French. However, translations into other languages ​​of all or part of this information may be available. The Parties agree that the French version shall prevail over any versions written in another language.

Article 28 - Applicable law

Any Contract concluded between the Seller and the Client is subject to French law.

SELLER'S IDENTITY – LIABILITY INSURANCE – FINANCIAL GUARANTEE

Seller Information 

Company Name: Intercommunal Tourist Office of the Aubenas-Vals-Antraigues Region

Legal form: Association under the 1901 Law (declaration at the Prefecture n° 0072012446)

SIRET number: 478 884 547 000 33

APE code: 7990Z

Registration number in the register of travel and holiday operators: IM007100004

Address: Maison Champanhet – 7, rue Jean Jaurès 07600 VALS LES BAINS

Phone: 04 75 89 02 03

Professional liability insurance:

The Seller provides proof of a financial guarantee taken out with GROUPAMA RHONE ALPES AUVERGNE – 50 rue de St Cyr 69009 LYON which aims to protect the consumer (reimbursement of deposits paid, continuation of the trip…) in the event of financial failure of the Seller.

Financial guarantee: 

The Seller provides proof of a financial guarantee of €30,000 taken out with the Professional Association for Tourism Solidarity in Paris, which aims to protect the consumer (reimbursement of deposits paid, continuation of the trip, etc.) in the event of the Seller's financial failure.