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In accordance with the provisions of Article R211-12 of the Tourism Code, the provisions of Articles R 211-3 to R211-11 of the Tourism Code are reproduced as General Terms and Conditions of Sale and apply exclusively to the organization and sale of travel, stays, and tourist packages within the meaning of Articles L 211-1 of the Tourism Code.
ARTICLE R 211-3
Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and any sale of travel or accommodation services shall give rise to the delivery of appropriate documents that comply with the rules defined by this section.
In the case of the sale of air transport tickets or tickets for regular line transport not accompanied by services related to such transport, the seller shall issue to the purchaser one or more tickets for the entire journey, issued by or on behalf of the carrier. In the case of on-demand transport, the name and address of the carrier on whose behalf the tickets are issued must be mentioned.
Separate billing of the various elements of the same tourist package does not exempt the seller from the obligations imposed upon them by the regulatory provisions of this section.
ARTICLE R 211-3-1
The exchange of pre-contractual information or the provision of contractual conditions is carried out in writing. They may be done electronically under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code. The name or company name and address of the seller must be mentioned, as well as the indication of their registration in the register provided for in paragraph (a) of Article L. 141-3 or, where applicable, the name, address, and registration number of the federation or union mentioned in the second paragraph of Article R. 211-2.
ARTICLE R 211-4
Prior to the conclusion of the contract, the seller must communicate to the consumer information on prices, dates, and other constituent elements of the services provided on the occasion of the trip or stay, such as:
1° The destination, means, characteristics, and categories of transport used;
2° The type of accommodation, its location, level of comfort and main characteristics, its approval and tourist classification corresponding to the regulations or customs of the host country;
3° The catering services offered;
4° The description of the itinerary in the case of a tour;
5° Administrative and health formalities to be completed by nationals or by nationals of another Member State of the European Union or a State party to the Agreement on the European Economic Area in the event, in particular, of crossing borders, as well as their completion deadlines;
6° Visits, excursions, and other services included in the package or possibly available for an additional fee;
7° The minimum or maximum size of the group allowing the trip or stay to take place and, if the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or stay; this date cannot be set less than twenty-one days before departure;
8° The amount or percentage of the price to be paid as a deposit upon conclusion of the contract, as well as the payment schedule for the balance;
9° The terms of price revision as provided for by the contract in application of Article R. 211-8;
10° Contractual cancellation conditions;
11° The cancellation conditions defined in Articles R. 211-9, R. 211-10, and R. 211-11;
12° Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain particular risks, in particular repatriation costs in the event of accident or illness;
13° When the contract includes air transport services, the information, for each flight segment, provided for in Articles R. 211-15 to R. 211-18.
ARTICLE R 211-5
The prior information given to the consumer is binding on the seller, unless in this information the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent this modification may occur and on which elements. In any event, changes made to the prior information must be communicated to the consumer before the conclusion of the contract.
ARTICLE R 211-6
The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, Articles 1369-1 to 1369-11 of the Civil Code apply. The contract must contain the following clauses:
1° The name and address of the seller, their guarantor and their insurer, as well as the name and address of the organizer;
2° The destination or destinations of the trip and, in the case of a divided stay, the different periods and their dates;
3° The means, characteristics, and categories of transport used, the dates and places of departure and return;
4° The type of accommodation, its location, level of comfort and main characteristics, and its tourist classification under the regulations or customs of the host country;
5° The catering services offered;
6° The itinerary in the case of a tour;
7° Visits, excursions, or other services included in the total price of the trip or stay;
8° The total price of the services billed, as well as an indication of any possible revision of this billing under the provisions of Article R. 211-8;
9° The indication, where applicable, of fees or taxes relating to certain services such as landing, disembarkation, or embarkation taxes in ports and airports, tourist taxes when they are not included in the price of the service(s) provided;
10° The schedule and terms of payment of the price; the last payment made by the buyer cannot be less than 30% of the price of the trip or stay and must be made upon delivery of the documents enabling the trip or stay to be made;
11° Special conditions requested by the buyer and accepted by the seller; 12° The procedures by which the buyer can file a complaint with the seller for non-performance or poor performance of the contract, which complaint must be sent as soon as possible, by any means allowing an acknowledgment of receipt to be obtained from the seller, and, where applicable, reported in writing to the tour operator and the service provider concerned; 13° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the case where the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7° of Article R. 211-4;
14° Contractual cancellation conditions;
15° The cancellation conditions provided for in Articles R. 211-9, R. 211-10, and R. 211-11;
16° Details concerning the risks covered and the amount of guarantees under the insurance contract covering the consequences of the seller’s professional civil liability;
17° Information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as that concerning the assistance contract covering certain particular risks, in particular repatriation costs in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;
18° The deadline for informing the seller in the event of assignment of the contract by the buyer;
19° The commitment to provide the buyer, at least ten days before the scheduled departure date, with the following information:
a) The name, address, and telephone number of the seller’s local representative or, failing that, the names, addresses, and telephone numbers of local organizations likely to help the consumer in the event of difficulty or, failing that, the telephone number for establishing urgent contact with the seller;
b) For trips and stays abroad for minors, a telephone number and address allowing direct contact to be established with the child or the person responsible for their stay on site;
20° The termination and refund clause without penalties of sums paid by the buyer in the event of non-compliance with the information obligation provided for in 13° of Article R. 211-4;
21° The commitment to provide the buyer, in good time before the start of the trip or stay, with departure and arrival times.
ARTICLE R 211-7
The buyer may assign their contract to an assignee who meets the same conditions as them to make the trip or stay, as long as this contract has not produced any effect.
Unless there is a more favorable stipulation for the assignor, the latter is required to inform the seller of their decision by any means allowing an acknowledgment of receipt to be obtained at the latest seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This assignment is not subject, in any case, to prior authorization from the seller.
ARTICLE R 211-8
When the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it must mention the precise methods of calculation, both upward and downward, of price variations, and in particular the amount of transport costs and related taxes, the currency or currencies that may have an impact on the price of the trip or stay, the portion of the price to which the variation applies, the exchange rate of the currency or currencies used as a reference when establishing the price shown in the contract.
ARTICLE R 211-9
When, before the buyer’s departure, the seller is forced to make a modification to one of the essential elements of the contract such as a significant price increase and when they fail to comply with the information obligation mentioned in 13° of Article R. 211-4, the buyer may, without prejudice to claims for compensation for any damage suffered, and after having been informed by the seller by any means allowing an acknowledgment of receipt to be obtained:
ARTICLE R 211-10
In the case provided for in Article L. 211-14, when, before the buyer’s departure, the seller cancels the trip or stay, they must inform the buyer by any means allowing an acknowledgment of receipt to be obtained; the buyer, without prejudice to claims for compensation for any damage possibly suffered, obtains from the seller immediate reimbursement without penalty of the sums paid; the buyer receives, in this case, compensation at least equal to the penalty they would have incurred if the cancellation had occurred on their part on that date.
The provisions of this article in no way prevent the conclusion of an amicable agreement for the acceptance by the buyer of a substitute trip or stay proposed by the seller.
ARTICLE R 211-11
When, after the buyer’s departure, the seller finds themselves unable to provide a preponderant part of the services provided for in the contract representing a non-negligible percentage of the price honored by the buyer, the seller must immediately take the following measures without prejudice to claims for compensation for any damage possibly suffered:
Through Voyages en Papouasie, Gigliotti Services offers you tailor-made or group trips accompanied or not by French or English-speaking guides.
Registration
Registration for one of our trips or stays presented on our website or in the programs we have provided to you implies acceptance of the general terms and conditions of sale governing relations between travel agencies and their customers in application of the interministerial decree of June 17, 1994. It also implies acceptance of the special conditions below. The signature and sending of the registration form duly completed by you implies their acceptance and will be accompanied by payment of a deposit of 50% of the total amount of the quote for any trip whose departure date is more than 35 days away or the full amount for any departure date less than this period. You will thus validate your registration.
Confirmation
Upon confirmation of the registration form, the price is firm, final, and in euros, subject to the special provisions of these GTC.
Only the services explicitly mentioned in the trip description are part of the package. Not included in the package (unless otherwise stated in the trip description):
Special conditions relating to price modification
Certain rates subject to special rules, such as single room supplements and child discounts, are provided for information purposes only. If a modification were to affect the amount of these rates, the customer will be informed before confirming their order.
In accordance with Article L. 211-12 of the Tourism Code, we reserve the right to modify our prices upward or downward to account for significant variations between the day of registration and that of departure based on:
A price revision cannot occur less than 30 days before departure. In application of decree R 211-8 of the Tourism Code, variations in transport costs will be passed on in proportion to their share in calculating the amount of the price of the reserved trip. Any refusal on the part of the registered traveler(s) to pay this adjustment will be considered as cancellation on the part of the traveler(s) concerned, with application of Gigliotti Services’ cancellation scale.
Payment terms:
You can pay for your trip by check or bank transfer. Only bank transfer payments are accepted for reservations less than 35 days before departure. In accordance with Article L.121-20-4 of the Consumer Code, you do not have a withdrawal period once you order travel services via travel sales websites. A deposit of 30% of the trip price is collected by Gigliotti Services more than 35 days before departure. However, in certain cases (for example depending on the type of plane ticket and when it is issued) the amount of the deposit may be higher. In order to validate your registration, for any departure within this period, full payment is due upon registration.
Modification
Modification fees:
Any request to modify the names of participants following a spelling error or change of title will result in modification fees to the agency plus any fees requested by the service provider. Please note that in the case of regular flights, these fees may amount to the cost of repurchasing the return ticket.
Modification requests relating to the following will be considered as cancellations:
Cancellation by the customer
All cancellations must be notified to Gigliotti Services (Voyages en Papouasie) by registered letter. A non-refundable amount of €100 per person will be retained for processing fees. Cancellation fees are due as soon as the reservation is final.
In addition to processing fees, any cancellation results in a deduction calculated as a percentage of the trip price, based on the number of days between the cancellation date and the departure date:
In the case of non-modifiable and non-refundable flights, cancellation fees are 100% of the flight price excluding insurance.
Any interrupted trip or any service not consumed will not give rise to any refund.
In the event of trip cancellation, insurance and processing fees are not refundable.
Cancellation by Gigliotti Services (Voyages en Papouasie)
In the event that Gigliotti Services (Voyages en Papouasie) has to cancel the trip due to force majeure or failure to gather the minimum number of participants, you will be informed at least 21 days before the scheduled departure date. A replacement solution will be offered to you or a refund of the sums paid.
In the case of cancellation by Gigliotti Services (Voyages en Papouasie), for any reason whatsoever, costs external to the trip incurred by the customer such as transportation costs to get to the departure point of the trip, visa fees, travel documents, vaccination fees cannot be refunded in any way.
In the event of cancellations before departure imposed by force majeure circumstances and/or motivated by the protection of the safety of our customers and/or on the order of an administrative authority, customers will not be entitled to any compensation. We may in particular be required, in compliance with the provisions provided for in the Tourism Code, to propose to our customers the modification of the dates, times, and itineraries provided.
After departure. In the event of verified force majeure, the obligations of the parties are suspended. Delays suffered as well as any resulting itinerary changes cannot result in any compensation whatsoever, in particular due to the modification of the duration of the initially planned program or delay in a connection. Any additional costs related to a disruption (tax, hotel, change of means of transport, parking, etc.) will remain the responsibility of the customer.
Complaints
All complaints must reach Gigliotti Services (Voyages en Papouasie) within one month following the return date by registered letter with acknowledgment of receipt.
Data Protection and Privacy
Requests for brochures, the Newsletter, and registrations are subject to nominative processing. You have the right of access and modification concerning you at our headquarters. Unless you indicate otherwise, we reserve the possibility of using this information to send you various commercial documentation.
Revision of terms and conditions of sale
The version of the Terms and Conditions of Sale applicable is the one in force on the day of reservation. Gigliotti Services (Voyages en Papouasie) reserves the right to modify or update the terms and conditions of sale at any time and without notice. The application of the terms and conditions of sale cannot be retroactive.
Gigliotti Services
In Papua and France, we work with trusted partners