General Sales Conditions

PREFACE

The touristic services provided by the website www.mr-papillon.fr are developed and sold by the incoming agency AV REAUMUR TOURISM, under the brand Mr. Papillon, SARL with a capital of 7 500 € registered with the RCS of Nanterre under number B 841 380 017, headquartered in 19 avenue Pasteur, 92400 Courbevoie.

Registration Atout France n° IM092180021.

Mr. Papillon’s professional civil liability is covered by the company ACM IARD SA, 4, rue Guillaume Raiffeisen -7000 STRASBOURG; contract n°B1 651 35 06 8 000 000 € per claim per year. 

The financial guarantee, intended to guarantee all the funds received, pursuant to Articles L. 211-18 and R. 211-26 to R. 211-34 of the French Tourism Code, is provided by the APST 15 avenue Carnot 75017 Paris.

The following Special Conditions define the conditions for the purchase of touristic services on the website www.mr-papillon.fr, whether they are tourist packages or day travel services (less than 24 hours and/or without overnight stay).

They are brought to the Client’s attention before any commitment on his/her part and complement the prior information referred to in Article R.211-4 of the French Tourism Code, in addition to the product description forms.

The prior information provided for in Article R. 211-4 of the Tourism Code may be modified after publication on the site and consultation by clients, in particular: the main characteristics of travel services (in particular the conditions of transport and the progress of the stay and accommodation), the price, the payment terms, the minimum number of people possibly required for the trip, the cancellation conditions by the client, in accordance with Article R. 211-5 and L. 211-9 of the Tourism Code. The Client will be informed in a clear, understandable and apparent manner before the conclusion of their contract.

By validating their contract, clients expressly acknowledge that they have read these Conditions, which can be downloaded or printed via this link, as well as any more specific descriptions and cancellation conditions for the products chosen on the Site or custom-made by Mr. Papillon.

These Special Conditions of Sale are updated as soon as they are published on the website www.mr-papillon.fr and cancel and replace any previous version.

No right of withdrawal and telephone solicitation

Pursuant to Article L. 221-28-12 ° of the Consumer Code, the right of withdrawal provided for in respect of distance selling does not apply to contracts for the sale of accommodation, transport, catering and leisure services which must be provided on a specified date or at a specified frequency. 

When their phone numbers are collected, the Client is informed that they can register on a free list opposing telephone solicitation, for example: http://www.bloctel.gouv.fr/

 

Definitions

Visitor: as defined by the Tourism Code, the traveler, i.e. the person signing the contract but also the person benefiting from the services provided by Mr. Papillon, as well as the client.

Order/booking: any final purchase of products made by the Visitor via the Site.

Description: description of the characteristics of each service provided on the Order date and published on the website, corresponding to the mandatory prior information to be communicated to the Client in accordance with Article R. 211-4 of the Tourism Code.

Tourist package: service combining at least two different types of travel services such as transport, accommodation, car rental or any other tourist service, lasting more than 24 hours or including one night.

Mr. Papillon: ‘the retailer’ as defined by the Tourism Code, also referred to as the incoming travel agency, selling services to the Visitor,

Service Provider: any supplier of the Services provided by Mr. Papillon such as perfumers, restaurants, department stores, hotels, carriers etc..

Tour or Service or Product: service described on the site and provided to the Visitor such as visits, excursions, tourist package.

Site: site internet mr-papillon.fr

 

Booking process

 Mr. Papillon offers Visitors very high-quality touristic experiences in Paris and Ile-de-France based on the themes of visits and discoveries advertised on the website www.mr-papillon.fr.

Mr. Papillon tours

Each Tour is presented in a full description.

The Visitor chooses his/her Tour and date and then creates a client account by entering his or her contact details.

After checking the summary of his or her Order, the Visitor shall proceed to pay the full amount of the Order. 

Request for a personalized itinerary

By clicking on the “CONTACT” tab on the Site, the Visitor will be able to make specific requests.

Mr. Papillon will then draw up a personalized quote corresponding to the Visitor’s expectations, including the specific payment and cancellation procedures.

After acceptance by the Visitor, Mr. Papillon will edit the contract corresponding to the customized Tour.

In accordance with the provisions of Article 1369-8 of the Civil Code, the Visitor accepts the use of electronic media as a means of concluding the contract for the sale of services. The Visitor can place his or her order on the site or by email. The order will only be final after payment of the full price, acceptance of the Special Conditions of Sale and confirmation by the Agency.

 

2.1. Client capacity

The Client is deemed to have the legal capacity to order on the website, to be 18 years of age or emancipated and not to be placed under curatorship or guardianship. He/She informs under his/her sole and entire responsibility all the information necessary for his/her order and declares that this information is sincere, accurate and up to date.

 

 2.2 Ordering

Online ordering procedure:

The Visitor chooses the service on the site and its dates.

The Visitor provides his/her contact details under his/her responsibility and consults the preliminary description of his/her service

The Visitor checks the summary of his/her order and the total price including VAT displayed.

The Visitor accepts the Special Conditions of Sale and definitively validates his/her order.

The Visitor shall pay the full price when ordering under the conditions of article 3 below.

Mr. Papillon validates the order and sends by email and in PDF format the summary invoice validating the confirmation of the contract to the Client, with the essential characteristics of the service purchased and constituting the travel contract. In the absence of this email, the reservation is not taken into account. In accordance with article 1369-5 of the Civil Code, the order and order confirmation are deemed to have been received when the parties to whom they are addressed can have access to them. 

Order procedure by email

The Visitor makes his/her request for a personalized Tour by clicking on the CONTACT tab of the Site

The Visitor and Mr. Papillon exchange by email (avpapillon@mr-papillon.fr)

Mr. Papillon returns to the Visitor an email with the personalized preliminary description in PDF format.

The Visitor confirms his/her order and pays the full price.

Mr. Papillon sends the Visitor the confirmation of his/her order

2.3. Specific client requests

The Visitor may make a special request to Mr. Papillon concerning his/her journey: special meal, disabled person, child and baby etc. and his/her request will be processed, as far as possible, on a case-by-case basis by the Agency and may generate costs which will be communicated to the Visitor before his/her request is validated; the request will only be validated after confirmation and acceptance by the Agency.

Any request for assistance must be reported to the Agency (disability, old age, illness, heavy build, etc.) at the latest 48 to 72 hours before departure and in any case before the purchase and issue of transport tickets.

 

Prices and payment terms

3.1. The price

No dispute concerning the price of the trip may be taken into consideration on the Client’s return, who shall assess before his/her departure whether the price suits him/her, accepting in particular that the price of the tourist packages is fixed and includes services whose prices cannot be detailed by Mr. Papillon. Any price changes will be notified before booking and confirmed on the contract confirmation.

Description of the prize

The total price of the Service is that which is based on the order confirmation sent by Mr. Papillon. It is expressed in Euros and inclusive of VAT for tourist packages.

The prices used in travel contracts have been calculated on the basis of exchange rates, transport costs and taxes and charges as well as land services known at the time of booking confirmation.

The prices are indivisible, and any waiver of services included in the contract or any interruption of travel by the client (even in the event of hospitalization or early repatriation), will not give rise to reimbursement, unless specifically insured.

The price includes

The prices of the packages are calculated on a flat-rate basis, in terms of number of nights and not days.

They include, according to the Service provided, everything that is included in the travel contract: transport, accommodation, transfers, taxes known on the day of the order, booking fees, visits and excursions provided for in the description.

 The price does not include

The price of the Services does not include, unless otherwise specified in the contract: 

personal expenses, dry cleaning and room service

tips and gratuities

specific insurances

the cost of sending travel documentation

the services (excursions, visits, sports) purchased locally

excess baggage charges

telephone expenses

the costs of administrative and health formalities

Additional costs unknown at the time of booking such as tourist taxes, visa or tourist card fees, most often to be paid on site by the traveler.

Low price

If, as a result of a material error, the price published by the site is clearly derisory or abusively low, compared to the objective value of the Service, according to the usual analysis of French case law, Mr. Papillon may cancel the booking file without charges or penalties. The Visitor may make a new reservation depending on availability and the price of the Services.  

Expenses

Service charges are included in the price.

Specific requests and additional services requested by the Visitor and accepted by the Travel Agency may result in additional invoicing, of which the client will be informed before validating his/her order.

 

3.2. Payment of payment

All services ordered are payable only in Euros.

For any registration to a Mr. Papillon Course, payment of the full price will be required regardless of the date of the service.

For personalized Tours, the payment conditions will be indicated as soon as the quote is sent to the Visitor.

The obligation to perform the Service only becomes definitive for Mr. Papillon after the complete payment of the Service by the client: any default or rejection of payment may lead to the cancellation of the booking file due to the client.

The communication of a credit card number before the agreement of the payment center is not considered as a payment in full discharge. 

Rejection or cancellation costs for non-payment or irregular payment shall be borne by the client as well as any price increase between the payment incident and regularization, if the issue of new transport tickets is necessary.

Mr. Papillon offers several payment methods:

Credit card

National credit card, VISA, EuroCard/MasterCard, American Express, Paypal or Stripe.

Under Article L. 132.2 of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. This payment can only be stopped in the event of loss, theft or fraudulent use of the card. Any opposition for any other reason or as a right of withdrawal constitutes credit card fraud. The entire amount of the order is charged to the Client’s credit card when the reservation is confirmed.

Mr. Papillon carries out payment transactions via a POS terminal provided by CIC bank or the secure Paypal or Stripe systems and does not collect, record or use clients’ bank data directly. This data is only used for the purpose of finalizing the client’s travel contract (payment, possible reimbursement, expenses) and is encrypted by the Agency’s financial partners.

Mr. Papillon or his financial partners will never ask to send all the details of the Visitor’s credit card by email, fax, mail or any other unsecured communication channel, Mr. Papillon declines any liability for any damage resulting from the sending of credit card data, for which no request has been made on his part.

Check

In some cases, and with the formal agreement of Mr. Papillon, the Client may proceed to the payment by check made out to: “AV REAUMUR TOURISM”. 

Payment and confirmation of the contract will only be effective after the check has been cashed.

Checks should be sent to: 

Mr. Papillon

Client accounting department

19 avenue Pasteur

82400 Courbevoie 

The client must send his/her check by registered letter with return receipt to the address indicated above within 48 hours. When sending, the client must specify in writing the file number and the full name of the Order Holder.

Rejection costs

The client is informed that any bank charges for rejection or any other banking transaction remain at his/her expense

Refunds

Any refund will be made using the same payment method as the one used for payment by the client, with his/her prior consent.

The refund may be reduced by the contractual cancellation fees. 

Some tickets are not refundable as soon as they are purchased by the client.

In the event of non-use of an air ticket for any reason whatsoever, the mandatory airport taxes are refundable to the client on request, free of charge for an online request or with a fee corresponding to a maximum of 20% of the amount refunded for any request made offline.

 

3.3. Price review

The prices appearing on the Site have been established in particular according to the following economic conditions:

Transport costs, including the cost of fuel or other energy sources.

Taxes and fees related to the services provided for in the travel contract, imposed by a third party, including tourist taxes, landing, embarkation and disembarkation taxes in ports and airports.

Exchange rates in relation to the contract

 In accordance with Articles L. 211-12 and R. 211-8 of the Tourism Code, Mr. Papillon may modify the prices of his services, both upwards and downwards, according to the following procedures:

 In the event of an increase in the sale price regardless of its importance, the information will be transmitted to the Client in a clear and understandable manner, with supporting documents and calculation, on a durable medium,

 Pursuant to Article R. 211-9 of the Code, when the increase in the fixed price is at least 8%, Mr. Papillon will inform the Client in a clear, understandable and apparent manner on a durable medium of the increase, of the reasonable time limit for expressing his acceptance or refusal with termination of the contract and reimbursement free of charge within 14 days, as well as the consequences of his failure to reply (application of the termination charges).

Assignment of the contract

The Visitor may assign his/her contract to a third party.

 The Visitor must inform Mr. Papillon of the transfer of the contract by any means allowing him to acknowledge receipt of it, at the latest 7 days before the date of commencement of the trip, indicating precisely the name and address of the transferee and the participant in the trip, and justifying that he fulfils the same conditions as them to carry out the trip or stay.

 The transferor or transferee shall be jointly and severally liable for the payment of any balance of the price and for any appropriate additional costs arising from such transfer.

 However, the Visitor may not assign his/her insurance contract(s). In addition, in the event of air transport if the ticket is issued, it will not be exchangeable or refundable by the airlines and therefore, the transfer of the travel contract may be considered as a cancellation generating the costs provided for in these Special Conditions of Sale.

 Specific insurances

Mr. Papillon does not include any insurance in the prices of the services offered and recommends that the client subscribe by himself/herself an insurance and/or assistance contract covering the consequences of certain cases of cancellation, and/or covering certain particular risks, in particular the costs of repatriation in the event of accident or illness.

 Responsibility

Mr. Papillon will provide the necessary assistance to the traveler in difficulty, but will decline all responsibility and will not be able to replace the traveler financially if the non-compliance is attributable to him/her and in particular in the following cases:

 – Costs generated for the loss of tickets by the passenger (costs and penalties for re-issuing tickets and costs incurred, in particular in the event of immobilization in the country of destination)

 – Debt contracted by the traveler with a third party (extra in hotels, etc.)

 – Loss of identity documents or any other document essential to the traveler’s movement.

 Mr. Papillon can under no circumstances be held responsible for items forgotten by travelers and will not be responsible for their search or return.

 Mr. Papillon is fully responsible for the proper performance of the obligations resulting from the travel contract within the meaning of Article L. 211-16-I of the Tourism Code. The Client is informed that Mr. Papillon cannot be held liable under any circumstances when the damage is attributable either to the traveler or to a third party outside the provision of travel services and is of an unforeseeable or unavoidable nature, or results from exceptional and unavoidable circumstances (war, attack, riot, revolution, nuclear disaster, climatic or natural events such as cyclone, earthquake, tsunami, tornado, cloud, sand wind, etc.).

In the event that Mr. Papillon’s strict liability is applied by his service providers within the meaning of the aforementioned article, the compensation limits provided for in article L. 211-17-IV of the Tourism Code, in particular when international agreements limit the compensation due by these service providers will apply. In other cases, the contract may limit the possible damages to three times the total price of the trip (except in the case of personal injury and willful or negligent misconduct).

 Mr. Papillon will not be liable in any way in the event of an incident occurring during services purchased out of contract and directly on site by the traveler from an outside service provider or resulting from a personal initiative of the traveler.

 Liability actions arising from the contract concluded with Mr. Papillon are time-barred after two years.

 Cancellation or modification due to Mr. Papillon:

 If, before departure, an external event imposes itself on Mr. Papillon, within the meaning of Article L. 211-13 of the Tourism Code, obliges him to amend an essential element of the contract concluded with the traveler, Mr. Papillon will notify the traveler as soon as possible and offer him/her the choice between terminating the contract with reimbursement free of charge within 14 days or accepting the changes (modification of the trip or substitute trip).

 In the event of outright cancellation of the contract by Mr. Papillon, the traveler will be immediately informed, and all sums paid will be returned to him/her within a maximum period of 14 days in addition to any mirror penalty due in accordance with the provisions of Article R.211-10.

 If, after departure, an essential element of the contract cannot be performed within the meaning of Article L.211-16 of the Tourism Code, Mr. Papillon will offer replacement services at his own expense or with reimbursement of the difference in price or will organize the early return of the traveler.

 Cancellation due to insufficient number of participants:

Mr. Papillon may have to cancel a trip if the number of registered participants is less than the minimum of 5 people per trip as indicated on the estimate and the contract, and will inform the traveler:

 20 days before the beginning of the trip whose duration exceeds 6 days

7 days before the trip, which lasts from 2 to 6 days

48 hours for trips not exceeding 2 days.

The client will then be offered an alternative solution at the current price, or a full refund of the sums paid, free of charge and within 14 days.

 Resolution (cancellation) by the traveler:

The traveler may cancel his/her contract at any time, subject to the payment of appropriate and justifiable costs corresponding to the costs actually incurred by Mr. Papillon, including his internal costs for processing the cancellation.

By default, the cancellation fee no later than 48 hours before the date of the Course will correspond to 50% of the amount received by Mr. Papillon.

 From 48 hours to the day of the service (“no-show”), the cancellation fee will correspond to 100% of the price paid by the Visitor.

The total amount of cancellation fees may not exceed the total amount including VAT of the trip.

 In the event of cancellation, for any reason whatsoever, expenses outside the trip subscribed to by Mr. Papillon and incurred by the traveler(s), such as visa or insurance costs, cannot be reimbursed.

 When exceptional and unavoidable circumstances occur at or in the immediate vicinity of the destination with significant consequences for the contract or transport, the traveler may cancel his/her contract free of charge but may not receive additional compensation.

 Notification of cancellation by the client:

 Any cancellation must be notified by the client by any means necessary to obtain an acknowledgement of receipt and must be sent as soon as possible to his/her travel insurance company and to Mr. Papillon at the following address: Mr. Papillon – Cancellation – 19 avenue Pasteur 92400 Courbevoie PARIS.

 The cancellation will take effect from the date of receipt of the cancellation letter by Mr. Papillon.

 Modifications / interruptions of services requested by the traveler

 9.1. Transport services

 After registration for the trip, any modification relating to the transport and in particular to the name(s) of the traveler(s) and likely to result in additional costs and/or penalties, the amount of which must be paid by the traveler(s), to Mr. Papillon, by any means before departure.

 Failing collection, Mr. Papillon shall not be required to make the desired changes.

 

9.2. Other services provided

After registration for the trip and before the departure date, any request for modification (additions or withdrawals [extension, delayed return, change of accommodation, etc.]) of travel services may only be made with the prior agreement of Mr. Papillon and the payment to Mr. Papillon of the appropriate fees, by any means of payment that allows collection. Failing collection, Mr. Papillon shall not be required to make the desired changes.

As from the date of departure, any request for modification and/or non-realization of all or part of the travel services will not give rise to any reimbursement of the initial services. Any new service requested during the trip will have to be paid in advance to Mr. Papillon or the designated service providers.

9.3. Special cases

 Any request for a change in the departure and/or return date may result in the charging of appropriate additional fees. Failure to pay the modification costs would be considered as a cancellation / resolution by the traveler(s) for which the conditions provided for in Article 8 will be applied.

Persons with reduced mobility and special needs

The personalized tailor-made tours proposed by Mr. Papillon make it possible to envisage services adapted to the Visitor’s personal situation, in particular in the event of constraints to travel and/or carry out all the activities inherent to a leisure trip (transport, accommodation, excursions, etc.). When drawing up the quotation for the travel project, Mr. Papillon invites the Visitor to inform him of any restrictions and/or particularities for each of the travelers in order to enable him to offer adapted and accessible services in the event of reduced mobility.

 Mr Papillon is at the disposal of the Clients to answer any question relating to the accessibility of their Tours. If the request includes transport services, in particular air transport, it is the responsibility of the passenger concerned to notify him in advance and at the latest 48 hours before departure in order to organize the necessary assistance for transport, both at the airport and on board.

Air transport

Air transport is subject to operational and safety requirements that may cause delays beyond Mr. Papillon’s control, who advises his client to allow sufficient connection times for any connections, as well as to avoid any commitment the same day and the day after his/her round trip.

Mr. Papillon uses carriers who retain their own responsibilities towards passengers. The carrier’s liability is limited by the terms and conditions set out in the contract of carriage on the passenger’s ticket, in particular by the provisions resulting from the Montreal Convention of 28 May 1999. In accordance with Article L. 211-16 of the French Tourist Code, the agency’s liability is limited to the compensation provided for by the international conventions applicable to transport, in the event of damage and accidents that may occur to passengers, their animals and their checked baggage, during the duration of the flight or during boarding, disembarkation or during the period during which the carrier was in charge of the checked baggage.

The schedules and types of transport mentioned are communicated by the carriers and published on the site or communicated in the estimates. They are therefore given for information only and subject to change. The schedules, any stopovers and means of transport planned will be communicated when the invitation is sent but may be modified until the day of departure.

 Direct flights may be non-stop or with one or more stops. This is the same flight identified by the same flight number.

It may happen that airlines working in an alliance (code-share) issuing the ticket may have the flight operated by another airline that is part of the same alliance.

 Black list of companies banned from flying in the E.E.C.:

Pursuant to Article 9 of European Regulation 2111 of 14 December 2005, the list of airlines banned from operating in the EEC, updated on 25/06/2015, can be consulted on the website:

http://:ec.europa.eu/transport/air-ban/doc/list_en.pdf

 Administrative and health formalities

Mr. Papillon informs travelers that they must take their measures with regard to the police and health regulations applicable in France at any time during the trip and communicated by Mr. Papillon before the conclusion of the contract. It is specified that it is the responsibility of the person who made the registration to the travel contract to relay information relating to formalities to each of the travelers registered for the trip.

 Foreign nationals must approach their consular authority under their sole responsibility.

 If the journey involves minor children, it is the responsibility of the legal guardians to comply with the instructions given to them. Family booklets are not identity documents. All minors must have their own photo ID. Unaccompanied minors are not accepted in trips sold by Mr. Papillon.

 Under no circumstances may Mr. Papillon take the place of the traveler’s individual responsibility, who must take charge of checking and obtaining all formalities before departure and throughout the duration of the trip.

Useful links:

Ministry of Foreign Affairs – advice to travelers:

http://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs/

Accommodation

Classification of the hotel facility:

The number of stars attributed to the hotel facility or its category in the description corresponds to a classification established with reference to French standards. Mr. Papillon will try to inform as precisely as possible about the accommodation conditions.

 Taking possession and release of the rooms:

 It is customary to take possession of the room from 2 p.m. on the day of arrival and to vacate it before 12 noon on the day of departure. Under no circumstances may Mr. Papillon derogate from this rule. Any room taken before 2 p.m. or returned after 12 p.m. may be considered as an additional night and may be invoiced accordingly by the hotelier.

 Single rooms: They have a single bed. They are subject to a supplement, are offered in limited quantities and are sometimes less spacious, less comfortable or even less well located than the other rooms.

Double rooms: They usually have two single beds, more rarely a double bed.

 Triple and quadruple rooms:

 This is usually one or two extra beds (often folding) in a double room. This can reduce space.

 The meals

 Meals are specified on the quotation. When meals are included in the service, their number depends on the number of nights spent.

 – The “All inclusive” package includes meals, soft drinks and activities mentioned in the description of each service. In principle, this formula also includes only alcoholic beverages.

 – Half board: Includes accommodation, breakfasts and dinners or lunches as applicable, excluding drinks. It starts at breakfast after the first night and ends at breakfast after the last night:

 – Full board: Includes accommodation, breakfast, lunch and dinner, excluding drinks. It begins with dinner on the first night and ends with breakfast after the last night.

Whether full or half board, drinks are not included, unless otherwise stated in the description.

 Protection of Clients’ Personal Data

Under the terms of the GDPR, the traveler is informed that his/her order is processed by name. This information allows the Agency and its partners to process and execute the order and Mr. Papillon to inform its Visitors of its similar offers.

 The exercise of the right of access, rectification, deletion and portability guaranteed by the DGMP must be exercised in writing to Mr. Papillon at the following e-mail address: avpapillon@mr-papillon.fr. The applicant will be required to provide proof of identity.

 Complaints and mediation

The Visitor is invited to have Mr. Papillon’s representative check the reasons for the non-conformities found as soon as possible on site. In the event of a complaint, the absence of any report of any non-compliance in the performance of the services during the trip will be taken into account in assessing the alleged damage.

 Upon the traveler’s return, complaints relating to the quality of the services must be sent to Mr. Papillon by registered mail with acknowledgement of receipt no later than 30 days after the date of the end of the Tour.

 The response time may vary significantly depending on the duration of the survey of the various providers involved.

 If the traveler considers that he has not received a satisfactory reply within 60 days, he may use the mediation procedure set up in accordance with the procedures available from the Tourism and Travel Ombudsman: www.mtv.travel. M.T.V – BP 80303 – 75 823 Paris Cedex 17

 The request made by the traveler to the Mediator of Tourism and Travel is free of charge for him/her.

 

Mr. Papillon 2019 ©