| |
1 - Objet
These MISTERCAMP Terms and Conditions define the obligations of MISTERCAMP and the CLIENT as regards the sale of HOLIDAYS by MISTERCAMP on the WEBSITE. They supersede any previous document governing such sales, including any special conditions. Any waiver must be agreed to in advance in writing by MISTERCAMP.
2 - Definitions
The following terms shall have the meanings defined below when used in capital letters:
"MISTERCAMP": Vendor, SAS with capital of 82,025 Euros, 431 483 361 RCS PARIS, whose headquarters are located at 100 rue Petit 75019 Paris 19, registered in the register of tour operators under no. IM075100368, with a financial guarantee with the Crédit Industriel de l'Ouest, 2 avenue Jean Claude Bonduelle 44000 Nantes and travel agency professional liability insurance underwritten by AXA France, 26 rue Drouot 75009 PARIS, Lyon agency, whose Intracommunity VAT no. is FR 26438640633, also referred to as "we" or "us",
"CLIENT(S)": Retail clients, also referred to as "you".
"HOLIDAY(S)": Rental holidays designed and sold by MISTERCAMP on the WEBSITE to retail clients in the European Economic Area.
"WEBSITE": MISTERCAMP website.
3 - Order
By placing an order for a HOLIDAY on the WEBSITE, the CLIENT expressly and irrevocably accepts MISTERCAMP's prices and these Terms and Conditions.
You confirm that you have read and irrevocably accepted MISTERCAMP's Terms and Conditions before placing the order, by checking the appropriate box. You cannot confirm your order until you check this box. The Order is not definitely recorded until you confirm the final payment screen that shows a recap of the entire order. Once you click the button confirming acceptance, the order is considered final and irrevocable. The order will be definitively validated once we receive your deposit payment.
You will then receive a confirmation email containing MISTERCAMP's name and contact information, the order details and number, and the terms of payment and delivery of service. The sales contract takes effect on the date of issue of this confirmation by MISTERCAMP.
Orders are processed in the order in which they are actually received.
After you pay for your HOLIDAY in full, MISTERCAMP will send you an invoice by mail or email, which serves as a voucher. You must present this invoice on arrival at the campsite to benefit from your HOLIDAY.
4 - Availability
Each HOLIDAY is subject to availability and can be booked. However, MISTERCAMP reserves the right to annul the reservation within 3 business days from the time the order is placed, if the HOLIDAY becomes unavailable, due to exceptional changes beyond our control, in particular when the campsite is unable to make the HOLIDAYS available. MISTERCAMP will notify the CLIENT of such an event via email within 3 business days. The CLIENT may then cancel or exchange the order.
5 - Cancellation and changes
You must send us any requests to cancel or change your HOLIDAY by registered mail with return receipt. The following periods are from the date of receipt of the confirmation email.
The cancellation or changes to your HOLIDAY will result in the following charges, at a minimum:
- More than 30 days before arrival:
30% of the price of the holiday, corresponding to the amount of the deposit + the booking fee.
- Less than 30 days before arrival:
From 30 to 15 days before arrival:
50% of the price of the holiday + the booking fee.
From 14 to 8 days before arrival:
75% of the price of the holiday + the booking fee.
Less than 8 days before arrival:
100% of the price of the holiday + the booking fee.
If our costs are higher than the amounts indicated above, the exact amount will be due, based on proof of our expenses.
If MISTERCAMP is obliged to cancel the HOLIDAY, you will be informed by registered letter with acknowledgment of receipt, and we will propose, subject to availability, a HOLIDAY at a comparable cost. If you decline, your payment will be refunded within thirty days of payment. You will receive compensation equal to the penalty you would have paid if you had cancelled on that date. If this cancellation is required by circumstances of force majeure as defined in Article 11 of our Terms and Conditions, you cannot claim any compensation.
MISTERCAMP offers the CLIENT optional cancellation insurance.
The cancellation insurance ensures the refund of MONEY PAID up to the full rental price, when one of the events listed below occurs (exhaustive list) before the beginning of the holiday:
1) Death, bodily injury or serious illness affecting you, your spouse, parents, children, brothers and sisters.
2) If you or your spouse is made redundant or dismissed.
3) If you move house following a professional relocation or job transfer.
4) Damage affecting your principal residence due to fire, water damage, property damage caused by theft or vandalism, storms, natural disasters.
MISTERCAMP will subtract from the refund to be paid to the Client the booking fee (€27) and the amount paid for the guarantee.
To be admissible, we must be notified of the cancellation of the holiday by registered letter with acknowledgment of receipt within 3 days after the event causing the cancellation. The cancellation insurance will not apply if the notification is sent more than three days after the date of arrival at the campsite. All cancellation requests must be accompanied by supporting documentation (medical certificate, certificate of death or incapacity, dismissal letter of the client or his spouse, employer's letter confirming the move due to a job transfer, insurance claim for damages to the client's principal residence in the cases listed above).
The public price of the cancellation insurance purchased by the CLIENT is set at 3% of the holiday, with a minimum of € 17. The cancellation insurance must be paid for at the time of booking. It is added to the amount of the deposit.
The guarantee offered by MISTERCAMP covers only the cancellation of the HOLIDAY and expires on the first day of rental.
The cancellation insurance does not cover holiday interruptions.
6 - Prices and billing
The prices listed on the WEBSITE are expressed in euros, including VAT.
The prices listed on the WEBSITE include the rental for the period and the number of people indicated and, unless otherwise stated in the descriptions: water, gas, electricity, one vehicle parking spot per rental, access to recreational, entertainment and bathroom facilities. The rentals are fully equipped. For more details on the amenities, check-in and check-out times, as well as the rental deposit, please refer to the campsite and rental descriptions provided on the WEBSITE.
The prices listed on the WEBSITE do not include: visitors' taxes, activities with an extra charge offered by the campsite, additional people, pets, sheet rental, bicycles, safes, baby kits, etc. These additional services must be paid directly to the campsite.
The prices listed on the WEBSITE do not include transportation costs or food and drinks.
MISTERCAMP reserves the right to change the prices displayed on the WEBSITE at any time but agrees to apply the current rates that were displayed to the CLIENT at the time of booking.
7 - Payment
The HOLIDAY must be paid for online by credit card (Carte Bleue, VISA, Master Card) entered on the order form; by bank check (Eurocheques indicating the guarantee card number, maximum 200 Euros per check; chèques Vacances ANCV (valid only in France) in euros, made out to MISTERCAMP, 1, rue Victor Hugo, 44400 Cedex REZE or by bank transfer to the account whose details are provided on the WEBSITE.
National Identifier : Domiciliation: Grandes et Moyennes Entreprises BRO - bank code: 30047 - branch code: 14802 - account: 00066063101 - RIB key: 43 - Account holder: Mistercamp 1 rue Victor Hugo 44400 Rezé.
International Identifier: Domiciliation: Grandes et Moyennes Entreprises BRO - IBAN: FR76 3004 7148 0200 0660 6310 143 - BIC: CMCIFRPP - Account holder: Mistercamp 1 rue Victor Hugo 44400 Rezé.
- Payment more than 30 days before the HOLIDAY start date:
MISTERCAMP offers the CLIENT credit facilities if the order is confirmed at least 30 days prior to arrival. MISTERCAMP offers CLIENTS the possibility of paying in two instalments. The first payment is a deposit comprising 30% of the price of the holiday, the € 27 booking fee and the cancellation insurance fee (if purchased). In this case, the balance due for the holiday must be paid at least 30 days prior to the HOLIDAY start date. If you pay by credit card, your card will automatically be charged for the balance due 30 days before the start of the holiday. For other forms of payment, you will receive an email informing you of the balance due date, if you provide an email address when placing the order.
If we do not receive payment of the balance due within the time specified above, the rental is considered cancelled and the cancellation terms described above shall apply.
- Payment less than 30 days before the HOLIDAY start date:
HOLIDAY bookings made online less than 30 days before the start of the holiday must be paid in full by a credit card, check or bank transfer.
When paying by credit card (Carte Bleue. Visa, MasterCard), the payment will be made via the credit card payment system using a secure payment process. Upon payment, MISTERCAMP will immediately confirm the purchase of the holiday on the WEBSITE.
When paying by check (bank check, Eurocheque or cheque vacances ANCV denominated in euros) or by bank transfer, you will receive a confirmation of the booking request by email at the address provided when ordering. If you pay by check or bank transfer, the order is only pre-booked. You must make your payment to MISTERCAMP within 5 business days. If you do not make your payment by this deadline, the HOLIDAY will be placed back online on the WEBSITE and may be reserved by another client.
8 - Customer Service
For information or questions, please contact our customer service department:
Email: info@mistercamp.com.
Any complaints about holidays purchased on the WEBSITE must be made in writing and sent by registered letter with return receipt no later than 20 days after the end of the holiday, to the following address: MISTERCAMP - 1, rue Victor Hugo - 44404 Rezé cedex France.
9 - Security
Online payment is 100% secure.
Your credit card information (16-digit card number, the 4-digit expiry date, the last 3 digits of the security code on the back of the credit card) will not be transmitted in clear over the Internet, but will be fully protected using SSL encryption via the secure payment platform Paybox.
MISTERCAMP will never see your credit card number.
10 - Personal data protection
Some personal data is collected on the WEBSITE for order management purposes. These data may be sent to companies in the API CLUB group. These data are also stored for security reasons, in compliance with local laws. You have the right to access, modify, rectify and delete your personal data at any time. To exercise this right, you can access and change your personal data by logging in to the WEBSITE and going to the "My Account" section, or you can contact MISTERCAMP or send an email to contact@mistercamp.com.
11 - Liability
Exoneration attributable to the client:
If you do not arrive within 24 hours of the scheduled holiday start date, MISTERCAMP can re-sell your rental accommodation. MISTERCAMP will retain the costs in accordance with our cancellation policy.
In case of delayed arrival or early departure with respect to the dates mentioned on the invoice sent to the CLIENT (voucher), no refund will be made.
Exoneration attributable to a third party:
The information on the campsites posted by MISTERCAMP is based exclusively on the information and documents provided by the campsite. The campsite confirms that it owns and has the right to use all materials provided. The campsite guarantees that the information is true and is neither misleading nor deceptive. All documents provided must be legally free to use on the Internet.
MISTERCAMP cannot be held liable for breach of MISTERCAMP's Terms and Conditions if the WEBSITE is unavailable, or for inconvenience or damage arising from the use of the Internet, in particular interruption of service, external intrusion or computer viruses. For maintenance purposes, and/or any other decision by MISTERCAMP, access to the WEBSITE or order system may be interrupted. The WEBSITE is subject to change without notice.
Exoneration in the event of force majeure:
MISTERCAMP cannot be held liable for breach of MISTERCAMP's terms and conditions in cases of force majeure, such as internal or external power outages or communications outages (network outage, etc.), natural disasters at the HOLIDAY site, including flood, fire, storms, hail and other major weather issues.
In any case, MISTERCAMP cannot be held liable for an amount exceeding 3 times the price of the HOLIDAY.
12 - Prevalence of the law
The Terms and Conditions apply to the extent that they are not contrary to law. If any of the provisions of these Terms and Conditions proves to be invalid or unenforceable, the validity and enforceability of other provisions shall not be affected.
13 - Governing Law and Jurisdiction
The Terms and Conditions are subject to French law.
14 - Reprinted legal provisions
In accordance with Article R. 211-14 of the Tourism Code, the provisions of Article R.211-5 to R. 211-13 of the Code are reproduced below. They are applicable exclusively to the organization of the sale of travel, holidays and holiday packages as defined in Articles L. 211-1 and L. 211-2 of the Tourism Code.
Art. R.211-5
Subject to the exclusions provided for in a and b of the second paragraph of article L.211-8, any offer or sale of travel services or holiday packages results in the delivery of appropriate documents that comply with the rules defined in this section.
In the case of sale of air tickets on regular flights exclusively (without connected services), MISTERCAMP delivers to the purchaser one or more tickets for the entire trip. These tickets are issued by the carrier or under the carrier’s responsibility. Tickets for individual air carriage must mention the name and address of the carrier on whose behalf the tickets are issued.
Invoicing the individual fare components of a single package does not release the vendor from its legal obligations under this section.
Art. R.211-6
Prior to the conclusion of the contract and on the basis of a written document bearing its company name, address and an indication of its current administrative authorisation, the vendor must inform the consumer of the prices, dates and other aspects of the services provided in the travel or holiday such as:
1. Destination, methods, characteristics and categories of transport used;
2. Type of accommodation, location, standard of comfort and principal characteristics, type approval and tourist classification corresponding to the usages and regulations of the host country;
3. Meals provided;
4. Description of the itinerary in the case of a tour;
5. Administrative and health formalities to be carried out, particularly in relation to crossing borders as well as timings;
6. Visits, excursions and other services included in the package or available at an additional cost;
7. Any minimum and/or maximum size of the group for the holiday or trip and, if the trip or holiday depends on a minimum number of participants, the final date for informing the consumer in the event of the trip or holiday being cancelled; this date may not be less than twenty-one days prior to departure;
8. The amount or percentage of the price to be paid by way of deposit on conclusion of the contract and the timetable for paying the balance;
9. The price review procedures as specified in the contract pursuant to article R.211-10;
10. Cancellation conditions of a contractual nature;
11. The cancellation conditions specified in articles R.211-11, R.211- 12 and R.211-13;
12. Details of the risks covered and amount of cover taken out under the insurance policy covering the consequences of the travel agent’s professional liability and the public liability of non-profit-making associations and organisations and local tourist organisations;
13. Information on taking out an optional insurance policy covering the consequences of certain circumstances of cancellation or an assistance policy covering certain specific risks, in particular the cost of repatriation in the event of an accident or illness;
14.If the contract includes air travel services, the information specified in articles R.211-15 - R.211-18 for each leg of the flight.
Art. R.211-7
Prior information given to the consumer shall be binding on the vendor unless within it the vendor expressly reserves the right to change certain elements. In such case the vendor must clearly indicate how that change takes place and which elements it affects. In any event, changes made to such prior information must be given to the consumer in writing before the contract is concluded.
Art. R.211-8
The contract concluded between the vendor and the purchaser must be in writing, produced in duplicate, one copy of which is to be given to the purchaser, and signed by both parties. It must contain the following clauses:
1. The name and address of the vendor, its guarantor and insurance company as well as the name and address of the organiser;
2. The destination or destinations of the journey and, in the event of a split holiday, the various periods and their dates;
3. Types, characteristics and categories of transport used, with the dates, times and cities of outbound and inbound departures;
4. Type of accommodation, location, standard of comfort and principal characteristics, tourist classification in accordance with the usages and regulations of the host country;
5. Numbers of meals provided;
6. Itineraries in the case of a tour;
7. Visits, excursions and other services included in the total price of the travel or holiday;
8. The total price of the invoiced services and an indication of any review of this invoicing in accordance with the provisions of article R.211-10;
9. An indication, if appropriate, of any fees or charges relating to certain services such as tourist taxes if these are not included in the price of the service(s) supplied;
10. The timetable and method of paying the price; in any event the last payment made by the purchaser may not be less than 30% of the price of the travel or holiday and must be paid on delivery of the documents enabling the travel or holiday to be undertaken;
11. Any particular conditions requested by the purchaser and accepted by the vendor;
12. The procedures by which the purchaser may make a claim on the vendor for non-performance or poor performance of the contract, any such to be sent as soon as possible, by registered letter with acknowledgement of receipt, to the vendor and which may be reported in writing to the organiser of the travel and the service provider concerned;
13. The last date for informing the purchaser of the cancellation of the travel or holiday by the vendor where the travel or holiday is dependent on a minimum number of participants, in accordance with the provisions of para. 7 of Article 211-6;
14. Cancellation conditions of a contractual nature;
15. The cancellation conditions specified in Articles R.211-11,
R.211-12 and R.211-13;
16. Details about the risks covered and the amount of cover of the insurance policy covering the consequences of the vendor’s professional liability;
17. Information about the insurance policy taken out by the purchaser covering the consequences of certain circumstances of cancellation (policy number and name of insurance company) as well as the assistance policy covering certain particular risks, in particular the cost of repatriation in the event of an accident or illness; in such case, the vendor must give the purchaser a document specifying at least the risks covered and those excluded;
18. The final date for informing the vendor in the event of the purchaser transferring the contract;
19. A written undertaking to provide the purchaser with the following information at least ten days before the scheduled departure date:
a) The name, address and telephone number of the vendor’s local representative or failing this, the names, addresses and telephone numbers of local bodies that may be able to assist consumers, or failing this a telephone number where the vendor may be contacted without delay;
b) For minors travelling and staying abroad, an address and telephone number where the minor and/or the person in charge of them at the location of their stay may be contacted.
20. The clause covering penalty-free cancellation and refund of sums paid by the purchaser in the event of failure to provide information as required in clause 14 of article R.211-6.
Art. R.211-9
The purchaser may transfer his contract to a transferee who fulfils the same conditions as himself in respect of taking the holiday as long as the contract has not yet come into force. Unless there is a stipulation more favourable to the transferor, the latter shall inform the vendor of their decision by registered letter with acknowledgement of receipt at least seven days prior to the start of travel. In the case of a cruise, that time limit is increased to two weeks. Under no circumstances shall such transfer be subject to the vendor’s prior authorisation.
Art. R.211-10
If the contract includes the express possibility of a price review, within the limits provided for in article L.211-13, it shall state the exact method of calculation of upward and downward price variations, and in particular the amount of transport expenses and related taxes, the currency or currencies which may have an impact on the price of the travel or holiday, the portion of the price to which the variation applies and the exchange rate of the currency or currencies used as a reference when establishing the price appearing in the contract.
Art. R.211-11
If it becomes necessary for the vendor to alter any of the essential aspects of the contract, such as a significant price increase, and it fails to abide by the obligation of information specified in article R.211-6 clause 14, the purchaser may, without prejudice to claiming compensation for any loss suffered, and after having been informed by the vendor of this matter by registered letter with acknowledgement of receipt:
- either cancel his contract and secure an immediate refund of any monies paid, without penalty;
- or accept the change or replacement trip offered by the vendor; an amendment to the contract specifying those changes shall then be signed by the parties; any price reduction shall be deducted from any monies still payable by the purchaser and if the payment already made by the latter exceeds the price of the amended service, any over-payment must be refunded to him before his date of departure.
Art. R.211-12
In the case provided for by article L.211-15, when, before the departure of the purchaser, the vendor cancels the trip or holiday, the vendor must inform the purchaser by registered letter with proof of receipt; without prejudice to claiming reparation for any loss suffered, the purchaser shall receive an immediate refund of any monies paid from the vendor without penalty; in such case, the purchaser shall receive compensation of at least the penalty he would have incurred if he had made the cancellation on that date. The provisions of this article shall not impede the conclusion of an amicable agreement whereby the purchaser accepts a replacement trip or holiday offered by the vendor.
Art. R.211-13
If, after the purchaser’s departure, the vendor is unable to provide a preponderant part of the services provided in the contract, representing a not insignificant percentage of the price paid by the purchaser, the vendor must immediately take the following action without prejudice to any claim for reparation of any loss suffered:
- either offer services to replace the initial services, bearing any additional cost and, if the services accepted by the purchaser are of inferior quality, the vendor must refund the price difference upon purchaser’s return;
- or offer other services to replace those initially planned, bearing any additional costs; if the services accepted by the purchaser are of a lower standard, the vendor must reimburse the difference in price to the purchaser upon purchaser’s return home; or, if the vendor cannot offer any replacement service or if they are rejected by the purchaser on valid grounds, provide the purchaser, at no additional cost, travel tickets so that he can return to the point of departure or to another venue accepted by both parties under conditions deemed to be equivalent.
The provisions of the articles shall apply in the event of failure to abide by the obligation set forth in article R.211-6 clause 14.
Headquarters:
Mistercamp
100 rue Petit
75019 Paris 19
Tel: 0033 251 700 600
Webmaster : M. Jacques Malgat
S.A.S. with capital of 82025 Euros431 483361 R.C.S. Paris
Intracommunity VAT number:
FR 33 431 483 361
Tour operator/Travel Agency registration number n° IM075100368 issued by the Direction de la réglementation des métiers du tourisme, des classements et de la qualité. Registre des opérateurs de voyages et de séjours 23 place de Catalogne 75685 Paris Cedex 14.
Financial Guarantee :
Crédit industriel de l'Ouest, 2 avenue Jean Claude Bonduelle 44000 Nantes
Travel Agency Professional Liability Insurance :
AXA France, 26 rue Drouot 75009 PARIS, agence de Lyon
Publication Director : M. François Feuillet
Prestataires techniques (hébergeur) : Images-créations Nantes
E-mail : info@mistercamp.com
Tél. : 0033 251 700 600
Fax : 0033 251 700 708
|
