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general terms and conditions of sale

URBANIA VACANCES GENERAL CONDITIONS OF SALE
The following general conditions of sale have been translated from French to English, for your convenience. Please note that it is the French version which is legally binding.


Holiday listings accessible on the website www.urbania-vacances.fr are regulated by articles L211-1 and thereafter, by articles R 211-1 and thereafter of the tourism code and by the following general conditions of sale valid from the 27th October 2009 for online reservations and for distance reservations as of this date.
These general conditions of sale cancel and replace all previous versions.
They are applicable to all online clients who acknowledge having read and understood these conditions of sale before making their booking and having the capacity to enter into a contract, i.e. being over 18 years of age, and not being under guardianship or trusteeship.

1. IDENTIFICATION OF URBANIA VACANCES TRAVEL AGENCY
URBANIA VACANCES SARL Share Capital of €150,000 Registered Office : BP16 05200 EMBRUN
RCS GAP 478 161 565 VAT No : FR 13478161565 , registre ATOUT FRANCE: IM005100019
Telephone : +33 4 92 405 405 Monday to Saturday during opening hours (standard network cost)
Email : contact.vacances@urbania.FR

URBANIA VACANCES is a travel agency holder of licence n° LI 005 07 002 issued by Préfecture des Hautes Alpes in GAP – Financial guarantee : APS 15 Avenue Carnot 75015 Paris
Professional third party insurance : Policy n° 086560777 with GAN (4/6 Avenue d’Alsace 92033 La Défense Cedex) and guaranteeing professional third party insurance to URBANIA VACANCES up to € 1,600,000 per insurance year.

2. PRICES
Prices indicated on the website are in euro, VAT included, per week, Saturday to Saturday (unless otherwise stated at time of booking). The offers are valid as long as they are accessible on the website. URBANIA VACANCES reserve the right to modify any offer; in which case, the client would be informed before order confirmation. Prices include accommodation, charges (water, electricity, heating), blankets supply, kitchen equipment. However, for some specific accommodation and periods, electricity and heating consumption can be invoiced separately, these cases would be communicated to the client before booking.
Excluded in the price are handling charges, bank costs, cancellation insurance, pet supplement, and other specific services that will be invoiced as extra.
All prices have been set according to the economic and tax conditions in effect at the time of online publication of these general conditions of sale.

3. TOURIST ACCOMMODATION TAX
This tax is collected by some local councils, some public organisations with inter-communal cooperation and various syndicates made up exclusively of local authorities. (General Code of Collectivities L. 2333-26 – L. 3333-1 – L. 5211-21 and L. 5722-6). This tax is due from the first day of stay and payable on arrival on site.

4. RESERVATIONS
Reservation is made directly online or by phone with the reservation center from Monday to Friday during opening hours.
Online reservation: reservation is registered when the client validates the quote that is presented online and once the client communicates his bank details, validates the details of his order, the price and once he has had the possibility to modify any errors, as set out in article 1369-5 of the civil code. Transmission of this validation will create an electronic contract.
The client then receives an email of confirmation and the corresponding invoice by post. In the case of payment of a booking deposit, the client pays the balance due on the indicated due date, as per the methods of payments accepted by URBANIA VACANCES, such as those indicated in clause 4.
Telephone reservation: the reservation center takes note of the client’s request and registers a provisional booking, valid for 7 days, on the reserved stay. A reservation form along with the general conditions of sale of URBANIA VACANCES are addressed to the client, who must return them duly dated and signed and accompanied with payment.
Reservation is confirmed on clearance of payment. The client then receives by post the detailed invoice of the stay. As per article L. 121-20-4 of the consumer code, the right to retract applicable to distance sales and set out in articles L. 121-20 and L. 121-20-1 of the consumer code is not applicable to all services proposed by URBANIA VACANCES.

5. METHODS OF PAYMENT
At booking, the client pays a booking deposit of 30% of the amount of the total booking. The balance is payable 30 days before the beginning of the stay or on booking if it is made less than 30 days prior to it.
These payments are made either by credit card (Debit Card, Visa, Master Card, American Express) or by cheque, holiday voucher or credit transfer.
Without payment on due date for any reason, reservation is cancelled, the client is held fully accountable and must pay cancellation fees as outlined in clause 7.

6. CONDITIONS OF STAY
Pets : Pets are not welcome in all of the accommodations. Clients are invited to enquire about it at booking. A pet supplement will be requested at booking and a certificate of vaccination on arrival.

Occupation : Children are considered as full occupants regardless of their age. In the case of bunk beds, sleeping on the top bunk is prohibited, by law, to children under the age of 6 (Decree n° 95-949 of 25th August 1995). The agreed accommodation capacity must not be surpassed. In which case, the contract is cancelled immediately with 100% of the costs outlined in Clause 7 payable by the client.
Arrival time : No arrivals are possible outside of the opening hours of the reception office. Clients must inform the reception office of their arrival. Contact details of the reception office appear on the website or on the booking form.

Guarantee deposit – inventory of fixtures – cleaning : Payment of a guarantee deposit, by cheque or credit card, is requested on arrival before handover of keys. On arrival, it is the responsibility of the client to verify that the state of the accommodation and its fixtures comply with the description and inventory list supplied. All claims on this matter must be made within 48 hours of entering the property. Failing to do this, the client is held responsible for any damage or missing items noted on departure and will be liable for any necessary fixing or replacement costs. In that respect, the client usually mandates in writing a representative from the reception office to represent him during the control of the inventory of fixtures on departure. However, the client can set a time with the representative from the reception office in order to be present during this control (48 hours notice required). The guarantee deposit will returned to the client by post three weeks after departure, after possible deductions of cleaning and/or replacement costs liable by the client (for cash guarantee deposit, costs of mandate will be deducted).

7. CANCELLATION
If the client wishes to cancel his booking, he must send a registered letter with acknowledgement of receipt, which will be taken into account on receipt.
In that case, cancellation fees are as follows :
€40 + handling charge €25 for a cancellation 60 days or more prior to the beginning of the stay
30% of the total cost + handling charge €25 for a cancellation made between 59 days and 30 days prior to the beginning of the stay
50% of the total cost + handling charge €25 for a cancellation made between 29 days and 14 days prior to the beginning of the stay
75% of the total cost + handling charge €25 for a cancellation made between 13 days and 5 days prior to the beginning of the stay
100% of the total cost + handling charge €25 for a cancellation less than 5 days prior to the beginning of the stay or an early termination of the stay.

8. MODIFICATIONS OF CONDITIONS OF STAY
If, in the case of an act of God, the reserved apartment is not available, the client is informed of the situation and has the choice between cancelling the contract or an alternative accommodation. In the case of cancelling, URBANIA VACANCES will refund fully and without any cost all payments made by the client. If the client accepts an alternative accommodation, it will be of a similar category. In the case where a similar category accommodation is not possible, a superior category of accommodation will be proposed at no extra cost to the client. The client cannot request any other compensation. These modifications are subject to administrative regulation.

9. SPECIFIC SERVICES AND ACTIVITIES
The client must strictly comply with the instructions of the representative and with the relevant security measures of the specific activities booked. Otherwise, the client is held entirely responsible for any damage resulting from non compliance to these instructions. URBANIA VACANCES will not be held liable in the case of failure or improper execution of the contract by the client or in the case of an act of God or because of a third party foreign to the supply of the service outlined in the contract. URBANIA VACANCES cannot be held responsible for information given by the resorts in relation to their opening or closing dates.

10. COMPLAINTS
In the case where the client wishes to file a complaint about his stay, he must do so with URBANIA VACANCES at the address indicated in Clause 1, within eight days of departure, by registered post with acknowledgement of receipt indicating all information relating to his stay. He must also enclose any relevant supporting proofs to his complaint.

11. DISPUTES
The resulting contracts for the provision of services concluded via the URBANIA VACANCES website are subject to French law. Any arising disputes will be directed to the appropriate tribunals under the conditions of common law.

12. DATA PROCESSING
By application of law 78-17 of the 6th January 1978, is it reminded that personal data as asked to the client is necessary for processing his reservation and could be used, unless otherwise stated by the client, for sending commercial information. The processing of information communicated via the URBANIA VACANCES website has been registered with CNIL. The client has, as per the regulations in force, a permanent right to access, modify, rectify, oppose and delete his personal data with URBANIA VACANCES.

13. MULTI-RISK AND CANCELLATION SEASONNAL RENTAL INSURANCE
No insurance is included in our prices. However, URBANIA VACANCES propose to the client, at booking, the subscription to an optional multi-risk and cancellation seasonal rental insurance, with the company ACE Europe, suited to this type of stay. In the case where the client accepts this offer, he receives the general conditions of sale of the insurance company when booking his stay. The client may however choose to purchase an insurance with any other company of his choice, in which case, we advice him to verify the extent of the guarantees included.

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COPY OF ARTICLES R 211-5 TO R 211-13 OF THE TOURISM CODE BY APPLICATION TO ARTICLE R 211-14


Article R211-5
Subject to the exclusions provided for a and b of the second paragraph of Article L. 211-8, any offer and sale of any provision of travel or stays give rise to the delivery of appropriate documents that meet the rules set by this section.
In the case of sale of air tickets or tickets for a scheduled route with no added services, the seller gives the buyer one or more travel tickets for the entire trip, issued by the carrier or under its responsibility. In the case of chartered route, the name and address of the carrier, for which these tickets are issued, must be mentioned.
The separate invoicing of the various elements of the same travel package does not take away from the seller the obligations made to him by the regulatory provisions of this section.

Article R211-6
Prior to the conclusion of the contract and on the basis of a written document, bearing its name, address and an indication of its administrative authorisation of business, the seller must provide the consumer information on prices, dates and other relevant details of the services provided on the event of travel or stay such as:
1 º The destination, the means, characteristics and categories of transport used;
2 º The type of accommodation, its location, its level of comfort and its main characteristics, its official ratification and tourist classification corresponding to the regulations or norms of the host country;
3 º The meals provided;
4 º The description of the tour itinerary when applicable;
5 º The administrative and health formalities to be carried out, in the case of, notably, border crossings, as well as their timeframe for completion;
6 º The visits, excursions and other services included in the package or possibly available at an extra cost;
7 º The minimum or maximum number of people in the group necessary for the travel or stay and, if the travel or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of travel or stay; this date may not be set less than twenty-one days before departure;
8 º The amount or percentage of the price to be paid as a deposit at the conclusion of the contract and the timing for payment of the balance;
9 º The terms of price revision as outlined by the contract in application to Article R. 211-10;
10 º The conditions of cancellation of a contractual nature;
11 º The conditions of cancellation set out in Articles R. 211-11, R. 211-12 and R. 211-13;
12 º The details concerning the risks covered and the amount of the securities purchased under the insurance contract covering the consequences of professional civil liability of travel agents and civil liability of associations and non-profit organisations and local tourism organisations;
13 º The information on a voluntary insurance contract covering the consequences of certain cases of cancellation or a contract of assistance covering certain specific risks, notably costs of repatriation in case of accident or illness.
14° When the contract includes air transport, information, for each sector, as covered in articles R. 211-15 to R. 211-18.

Article R211-7
The information made prior to the consumer commits the seller, unless in the former the seller has expressly reserved the right to modify certain elements of it. The seller must, in this case clearly indicate to what extent this change can occur and the elements concerned.
In any event, changes made to the prior information must be communicated in writing to the consumer before the conclusion of the contract.




Article R211-8
The contract concluded between the seller and the buyer must be written, prepared in duplicate, one of which is given to the buyer, and signed by both parties. It must include the following clauses:
1 º The name and address of the seller, its guarantor and its insurer as well as the name and address of the organiser;
2 º The destination or destinations of travel and, if in case of split trip, the various periods and their dates;
3 º The means, characteristics and categories of transport used, the dates, times and places of departure and return;
4 º The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification under regulations or norms of the host country;
5 º The number of meals provided;
6 º The tour itinerary when applicable;
7 º The visits, excursions or other services included in the total price of travel or stay;
8 º The total price of services invoiced as well as the indication of any revision of this invoicing under the provisions of Article R. 211-10;
9 º The indication, if applicable, of fees or taxes for certain services such as landing, boarding or disembarking fees at ports and airports, tourist accommodation taxes when not included in the price of the service(s) provided;
10 º The timing and terms of payment; the last payment made by the buyer cannot be less than 30% of the cost of travel or stay and must be made at the handover of the documents enabling the journey or stay;
11 º The specific conditions requested by the buyer and accepted by the seller;
12 º The terms in which the buyer can take a claim against the seller for failure or improper execution of contract, a claim which must be addressed as soon as possible, by registered letter with acknowledgement of receipt to the seller and, where appropriate, reported in writing to the organiser of the trip and the service provider concerned;
13 º The deadline for informing the buyer in case of cancellation of travel or stay by the seller in the case where the journey or stay is dependent on a minimum number of participants, in accordance with the provisions of 7º Article R. 211-6;
14 º The conditions of cancellation of a contractual nature;
15 º The conditions of cancellation set out in Articles R. 211-11, R. 211-12 and R. 211-13;
16 º The details concerning the risks covered and the amount of guarantees under the insurance contract covering the consequences of professional civil liability of the seller;
17 º The information concerning the insurance contract covering the consequences of certain cases of cancellations taken out by the buyer (policy number and name of the insurer) as well as information concerning a contract of assistance covering certain specific risks, notably repatriation costs in case of accident or illness, in which case the seller must give the buyer a document outlining at least the risks covered and risks excluded;
18 º The deadline for informing the seller when transferring the contract by the buyer;
19 º The commitment to provide in writing to the buyer, at least ten days before the scheduled date for departure, the following information:
a) The name, address and telephone number of local representation of the seller or, failing that, names, addresses and phone numbers of local organisations that can assist the consumer in case of difficulty or, failing that, the phone number to enable urgent contact with the seller;
b) For travel and stay of minors abroad, a telephone number and an address to enable direct contact with the child or the person on site in charge of the stay.
20° The clause of cancellation and refund without penalty of the paid amounts by the buyer in the case of non-respect of the obligation of information as set out in 14° of article R. 211-6.