Our General Terms and Conditions (French Conditions Générales de Vente) are the basis of the contractual relationship between Robert Erdt Travel Pro Services Antilles EURL (hereinafter referred to as RESA) as a travel agent and not a tour operator (incoming agency - travel agency code 9711 Z in French Law) and you as the client or tour operator. French travel law (especially Code du Tourisme) applies.

 

1. Registration and conclusion of the contract

 

You will receive an offer from us. This is free of charge and subject to change. By accepting the offer by e-mail, fax or post, you offer us the conclusion of the contract in a binding manner. At the same time, you acknowledge our General Terms and Conditions. The contract is concluded when all services including price have been reconfirmed by us in writing. If one or more components are no longer possible after the offer has been made until your reservation has been made, you will receive a modified offer from us.

 

The customer is liable for all contractual obligations of the travelers (assumption of liability), as listed in the service description.

 

2. Payment

 

With the acceptance of the offer, a deposit is partly due, the amount of which varies depending on the service provider. The balance must be paid 1 month before departure, unless otherwise written agreed. The receipt on our bank account is decisive. We do not cover bank charges. If the payments are not made on time, we reserve the right to withdraw from the contract, to charge compensation or to increase the price, should service providers no longer provide the agreed tariff or cancel the service and thus have to be rebooked to a more expensive service. Please note that there are special regulations for M.I.C. E. and other highly requested dates.

 

3. Service description

 

The services, which are the basis of the offer, are described by us to the best of our knowledge and belief. They become binding for both sides after your acceptance in the travel contract.

 

4. Service and price changes

 

4.1.Changes to services 

 

We will inform you immediately about changes to the agreed service, e.B. due to the failure of a service provider, provided that we are aware of them and the modification is not minor. Changes to the agreed service after our reconfirmation are only permissible if they are not our fault and are not significant. If a service or part of a service cannot be provided, a service of at least equivalent value shall be provided. If these are or are not equivalent, the customer may reject them and demand a travel price reduction, in accordance with Code du Tourisme L-211-16.

 

 

4.2.Price adjustments

 

The travel price can be increased by up to 5% if this is due to circumstances that occurred only after conclusion of the contract and were not foreseeable in this case. There must be more than 4 months between the conclusion of the contract and the travel date. The 5% clause does not apply to public fees and fares, such as tourist tax, taxes and kerosene or fuel surcharges for airlines and ferries. Please also note that we do not bear the exchange rate risk and the 5% clause does not apply here. RESA must indicate the underlying exchange rate to the customer in the travel confirmation. Otherwise, you are entitled to a free right of withdrawal in the event of significant price increases of more than 5% of the travel price and in the event of significant changes to the agreed service that affect the overall composition of the trip. The withdrawal must be declared immediately after becoming aware of the occurrence of the causative event. Should there be any changes to the travel price in favour of the customer, RESA must inform the customer of this and reduce the price analogously. The travel price can also be increased if the requirements for certain tariffs (e.B minimum number of participants for group fare, minimum stay) are no longer met.

 

5. Sales reports, contingent management & travel documents

 

In order to optimize the occupancy of our contractual partners, we are dependent on periodic sales reports of our customers. These help to secure availability and prices for our purchasing and to minimize overbooks in the interests of the customer or to exclude them as far as possible. In the event of missing or inadequate sales stands, RESA may, in consultation with the hotel, make a contingent reduction. In order to secure contingents, periodic participant stands must therefore be passed on by the customer. A provisional room list must be available to the RESA 1 month before departure. This should indicate the surname, first name, room category, special requests and, in the case of children, the age. For air travel, tickets and ferries, the conditions of the respective service provider apply independently. In general, the customer bears the costs incurred by him for non-compliance with deadlines. Travel documents created on the basis of customer information must be checked for correctness and completeness. This applies in particular to airline and ferry tickets. RESA is only liable for intent and gross negligence in the event of loss during transport.

 

6. Force majeure

 

Events such as tropical cyclones, frequent tropical diseases or viral infections (e.B. corona) may make it impossible for us to provide the agreed service or the customer cannot be expected to travel on the upcoming date. These events, which are beyond the control of the service providers, are referred to as force majeure. A claim for reimbursement on the part of the customer does not exist. However, we will do everything in our power to minimize the damage. If the event occurs during the stay, RESA will help the customer in every respect to find a solution, e.B. for the return transport of the guests. However, any costs incurred will not be covered by RESA. The event must directly affect the trip, e.B. an incident in Cuba does not justify termination in Martinique.

 

7. Cancellation Fees

 

The customer can withdraw from the contract at any time. The receipt of the withdrawal by RESA is decisive. This can be done written by post, FAX or e-mail. Since we work with very different service providers with very different cancellation conditions, it is very difficult to generalize them. Unless otherwise agreed in the offer/contract, the following  cancellation fees shall apply: 

 

Up to 60 days before departure no cancellation fees

 

Between 59 and 46 days before departure 25% of the travel price / 20% of the contingent can be cancelled free of charge 

Between 45 and 26 days before departure 50% of the travel price / 15% of the contingent can be cancelled free of charge

Between 25 and 11 days before departure 75% of the travel price / 10% of the contingent can be cancelled free of charge

 

Between 10 and 3 days before departure 90% of the travel price 

From the 2nd day before departure 100% of the travel price

 

For airlines, tickets and ferries, their GToS apply, regardless of the terms and conditions of RESA and thus also their cancellation costs. Unused services cannot be refunded without further ado. However, we contact the service providers and try to minimize the damage. E.B. we try to resell cancelled rooms and then not charge them. In the case of only insignificant services, this obligation shall lapse if this entails a disproportionately high effort. (higher costs versus expected reimbursement). If the RESA can prove that a higher damage has been incurred, the RESA is entitled to a higher amount. Similarly, the customer can reduce the amount if he proves to the RESA that a lower damage has occurred. Rebooked trips are considered cancellations with subsequent re-registration.

 

8. Withdrawal due to incorrect provision of the agreed service 

 

If the agreed service is provided incorrectly, the customer must give RESA the opportunity to rectify the defect. The customer has the obligation to report and specify the situation immediately after the RESA occurs. A reasonable deadline must be set, unless the problem cannot be solved even if a deadline is set. The overall layout of the trip must be affected to such an extent that a continuation of the trip cannot be expected of the customer. Free Lance tour guides are not vicarious agents and are not authorized to make decisions. However, they are authorized to receive complaints, forward them and to ask the service provider to provide his contractual obligations. If this is not successful, the RESA must be contacted directly via the emergency number or the office.

 

9. RESA may withdraw from the contract in certain circumstances

 

The service providers (e.B airlines, hotels) can exclude the customer from the provision of services under certain circumstances (e.B. endangerment of safety). A claim for reimbursement by the RESA for the service and the subsequent services does not exist in this case. In the absence of a duty of cooperation on the part of the customer (e.B. damage minimization on site, receipt of payment), RESA may terminate the contract after a reasonable period of time.  

 

10. Entry requirements / insurance

 

The customer is responsible for compliance with the entry requirements. This applies to the validity of passports, any required visas as well as compliance with customs regulations. The customer must also inform his guests of the current regulations in air traffic (e.B dangerous goods). He must also inquire about Corona and inform his guests regarding entry and exit as well as stay. RESA supports the customer as much as possible, but assumes no liability for the timeliness and for the completeness or correctness of the information. The customer must inform the participants of the possibility of taking out insurance, e.B. Travel cancellation insurance. Medical insurance.

 

11. Limitation of Liability

 

Please note that French travel law (Code du Tourisme) applies. RESA is only liable for the proper mediation of contractually provided services (Code de Tourisme L211-3 and L 211-16). Tour guides, agencies and service providers are not authorized to sell additional services, e.B visits or restaurant visits. In this case, a contract is created between the provider and the customer. You are also not authorized to make any changes to the program. Air transport is subject to current conventions and limitations of liability, such as the Warsaw or Montreal Conventions.B. The liability of the RESA can - as in the french. Travel law L 211-17 - do not exceed the liability of the airlines. Other countries  jurisdiction & rules does not apply.

 

12. Complaints

 

 The customer is obliged to inform RESA immediately of personal injury and property damage. He has to support the RESA in harm reduction. Complaints must be forwarded to us within a reasonable period of time.

 

13. Place of jurisdiction

 

The place of jurisdiction is Basse-Terre on Guadeloupe. The assignment of claims is excluded.