Terms and conditions

PRIOR INFORMATION

The customer acknowledges having read these General Conditions of Sale, the conditions specific to the travel supplier concerned as well as the description of the service chosen.
The customer also acknowledges having read, before confirming the reservation of the stay, the standard information form on the essential rights under European Directive 2015/2302 transposed into the Tourism Code and available at the end of the general conditions. (standard information form for package travel contracts and standard information form for contracts relating to a travel service (excluding flights only)).
In accordance with article L. 211-8 of the Tourism Code, the descriptive sheets, the conditions of sale as well as the standard information forms summarizing the rights of the traveler are intended to inform customers, prior to placing their order. , in particular on the main characteristics of the services offered relating to transport and accommodation, the contact details of the retailer and the organizer, the price and terms of payment, the conditions for cancellation and resolution of the contract, the insurance and the conditions border crossing.
In accordance with article L211-9 of the Tourism Code, the parties expressly agree that the Agency may make changes to the pre-contractual information, in particular to the price and content of transport and accommodation services, to the identity of the air carrier , as well as hotel opening and closing dates, tour itineraries, etc.

1. TOURIST SERVICE BOOKING PROCESS

1.1. Heaven Travel Nice presents tourist services developed by various suppliers referenced by TOURCOM , such as tour operators, hoteliers, carriers (airlines, cruise companies, etc.) or offered by Tourcom’s partner centers   for hotels, air travel and the train. The conditions of sale specific to each travel supplier concerned by the reserved service apply. These conditions include provisions concerning in particular the methods of payment, cancellations or modifications of reservations, reimbursement, the obligations of the parties to the contract, responsibility.
– the conditions of sale of the travel supplier constitute one of the elements of the contract.

2. REGISTRATION

The customer formulates his requests, Heaven Travel Nice will confirm the price of the chosen services.
After confirmation, the customer   will proceed to the payment of the price of the service by means of his credit card, check, cash or holiday voucher.
The customer does not benefit from the right of withdrawal for the purchase of tourist services in   accordance with articles L.221-2 and L. 221-28 of the Consumer Code.
The customer signs his   travel contract which includes the description of the service and its essential characteristics, as well as the price and the conditions of cancellation, modification and insurance chosen by the customer.
The airlines may at any time require the issuance or advance payment without possible refund of the tickets included in the package in the event of cancellation or modification. In this case, or if the customer requires the early issue of his ticket, the conditions for modifying or canceling the package may be modified: Heaven Travel will inform the customer in accordance with the provisions of the Tourism Code.

3. SERVICES AND PACKAGE PRICES

The descriptive sheets of the trips and stays expressly mention what is included in the price.
The prices retained in the travel contracts were calculated on the basis of exchange rates, air fares and land services known at the time of signing the contract. They are communicated in real time when they are published.
The prices given are indivisible and any waiver of services included in the package or any interruption of travel due to the client (even in the event of hospitalization or early repatriation), cannot give rise to reimbursement, unless specific insurance is provided.
The prices indicated correspond to a fixed price per person, on the basis of a double room, including VAT, and are denominated in euros. They must be confirmed by the Travel Agency at the time of registration. Prices are calculated as a flat rate according to the number of nights and not days.
They include air, sea and land transport, transfers as indicated on the routes, taxes known on the day of registration, administration fees, accommodation, visits and excursions included in the program and not mentioned as optional.
Unless otherwise specified in the travel contract, prices do not include the cost of obtaining visas and passports, tips and miscellaneous gratuities, personal expenses and optional baggage, cancellation and assistance insurance, drinks, or certain mandatory services. such as local taxes, New Year’s Eve or special occasion dinner supplement, visa fees, etc. the Site declines all responsibility for personal purchases on site.
Occupants of the same room must subscribe to the same pension.
Full payment for all transport tickets alone, insurance and car rentals is required at the time of booking, according to the means of payment mentioned on the Site.

4. MEANS OF PAYMENT

The customer will proceed to the payment of the price of the service by means of his credit card or will go to the Agency Heaven Travel Nice 10 avenue Felix Faure 06000 Nice in order to pay his reservation by check, in cash or by means of holiday vouchers.

4.2 PAYMENT BY CHEQUES-VACANCES

The customer has, in certain cases, the possibility of making his payment in holiday vouchers. Payment in holiday vouchers is only possible for the purchase of services in France and for countries of the European Union.

5. PRICE REVISION

The revision of the price of tourist packages is subject to the conditions of sale of each supplier communicated to the customer when booking and reported on the sales contract.
In accordance with Articles L.211-12, R. 211-8 and R. 211-9 of the Tourism Code, the prices provided for in the contract may be revised upwards or downwards to take account of variations in the cost of transport (fuel /energy), fees and taxes and exchange rates. You will be informed of any increase in the total price of the package, no later than 20 days before departure. This increase will apply in full to the part of the price concerned. For any increase greater than 8%, you will receive on a durable medium the details of the price change, its consequences on the price of the package, the choice available to you to accept or refuse within a reasonable time and consequences of not responding.

6. PROMOTION AND LAST MINUTE SALES

Promotions and last minute sales (LMD) are sometimes offered. It is therefore possible that for an identical journey, certain fares may be different depending on the booking period. Customers who have paid the higher rate will in no case be eligible for a retroactive refund, corresponding to the difference between the price paid and the promotional price. Discounts cannot be combined with promotions.

7. ADMINISTRATIVE AND HEALTH FORMALITIES

Heaven Travel Nice informs customers who are French or European nationals that they must make arrangements with regard to the police and health regulations applicable at any time during the trip. It is the customer’s responsibility to ensure that he and the people registered for the stay comply with the police, customs and health formalities required for the trip.
It is not up to the agency to provide this information or to ask clients about their nationality.
General information is available on the website  www.diplomatie.gouv.fr  (travel advice section) regarding the conditions of entry and stay in each country and health conditions.
Non-European foreign nationals or non-EEA nationals should contact their consular authority, under their sole responsibility, in order to find out about the formalities required for the planned trip and the time required depending on the departure date.
If the trip concerns minor children, it is up to the parents to comply with the instructions given to them; each child must be provided with a valid personal identity document with photograph.
As part of a trip abroad, we inform you that minors residing in France and traveling without being accompanied by their legal representatives, must be provided with their identity document, the form for authorization to leave the territory : CERFA n°15646*01 to download from the site: https://www.formulaires.modernisation.gouv.fr/gf/cerfa_15646.do , as well as a copy of a valid identity document from the legal representative signing the form. Family booklets are not identity documents. It is your responsibility to provide the Agency with the details of a contact at the unaccompanied minor’s place of stay. Under no circumstances will the Travel Agency 

  cannot replace the individual responsibility of customers who must take responsibility for obtaining all the formalities before departure (passport generally valid for 6 months after the date of return from travel, visa, health certificate, etc.) and for the entire duration of the trip, including the completion of customs formalities in countries regulating the export of objects.
Non-compliance with formalities, the impossibility of a customer to present administrative documents in order, whatever the reason leading to a delay, the refusal to board the customer or the prohibition to enter foreign territory , remain under the responsibility of the customer who bears the costs incurred, without the Site refunding or replacing said trip.
Customers must pay particular attention – under their sole responsibility – to the conformity of the surnames and first names indicated when booking and confirmed when concluding their travel contract with the information on their valid identity papers (username, married name etc.).

8. DURATION OF THE TRIP

The duration of the trip includes the days of departure and return, from the time of departure from the airport on the day of departure, until the time of landing of the flight on the day of return. Unless otherwise specified, given the often random flight schedules, it should be considered that the first and last days of the trip will be devoted to transport and will not include any service at the place of stay. On certain dates, stays of two or three weeks on special flights may not be available for sale, or may be offered in limited numbers.

9. HOTELS

The classification of hotels by stars or by category presented by the Agency always results from the decisions of the Tourism authorities, according to local standards which may be different from French or international standards.
The practices of the international hotel industry imply that participants take possession of the room from 2 p.m. and release it before noon, regardless of the time of departure or arrival.
Single rooms are often smaller and less well located in the hotel than the others, even if a supplement is requested for this. In most hotels, triple rooms are double rooms with an extra bed. This formula, which avoids the payment of a single room supplement for the third person, therefore involves some disadvantages, particularly in terms of space available in the room. They are not recommended for three adults.
In the event of a half-board stay, each night spent on site corresponds to a breakfast and a dinner. Thus, in case of late arrival and early departure, no meals will be provided on the first and last day. It is the same in case of stay in full board.
In the event of theft from hotels, the Agency’s liability will be limited in accordance with the rules of the Civil Code. In general, hotels have safes (free or paid) which it is recommended to use.
Access to discotheques in hotel establishments is prohibited for persons under 18 years of age. An ID may be requested.
The “All Inclusive” formula allows unlimited consumption of certain alcohols for adults. Alcohol abuse is dangerous. The Agency cannot be held responsible for behavior or accidents occurring to clients in a state of intoxication.
The activities and leisure offered by the hotels may present risks for which the Agency cannot be held responsible in the event of an accident.

10. AIR TRANSPORT

The conditions of carriage are recalled on the back of the tickets or communicated at the same time as its issue.
The conditions of carriage as well as the pricing conditions of the company can be consulted on the website of each airline.
All times are given as an indication as soon as they are available and can be modified, even after confirmation at the initiative of the airline. Any seat not used on the outward or return journey cannot be refunded. Given the intensification of air traffic, events beyond the control of the Agency (strikes, technical incidents, air delays) may take place and may be governed by European Regulation No. 261/2004 of February 11, 2004 relating denied boarding, cancellations and significant flight delays. Moreover, an airport change can occur in any city. A technical or additional stopover may be scheduled by the airline without the Agency   having time to inform the customers.
The consequences of accidents or incidents that may occur during the performance of air transport are governed by the Warsaw Conventions of October 12, 1929 as amended and the Montreal Conventions of May 28, 1999, the limitations of liability of which could benefit the Agency. in the event of its liability being brought into play and according to article L211-17 of the Tourism Code.
The list of airlines used in the trips offered is communicated in accordance with the provisions of articles R.211-15 et seq. of the Tourism Code.
A confirmation of the identity of the airline will be communicated to the customer during registration and no later than 8 days before departure. A modification may occur before departure and the customer will be informed of this at the latest when boarding.
For charter flights whose duration does not exceed two hours, no meals on board will be served. On some flights, alcoholic beverages are chargeable.
In accordance with European Regulation No. 1107/2006, the customer with a disability or reduced mobility requiring special attention, due to his physical or intellectual condition or his age, is required to inform the Agency before booking, and no later than 48 hours before the flight’s published departure time. The Agency or the air carrier may advise against or refuse to the customer with a disability or reduced mobility, the reservation of a trip including air transport, when the security requirements or the configuration of the aircraft make such transport impossible. . The Agency or the air carrier may also require the accompaniment of this client by a person capable of providing assistance.
In accordance with article L.224-66 of the Consumer Code, in the event of non-use of your plane ticket, you have the possibility of being reimbursed, on request, for the “airport taxes” relating to it. this. Reimbursement will be subject to a charge equal to 20% of the amount reimbursed. Reimbursement of taxes in the event of non-use of the ticket is also possible in the event of the sale of air-only flights.

11. COMPLAINTS

When a customer notices that a service is not provided as planned, in order not to suffer any inconvenience for the duration of his stay, he must immediately notify the local representative of the travel supplier with whom he has contracted or the guide present in order to settle the dispute on the spot. Comments on the progress of the trip must reach the Agency within 30 days of return, by registered mail with acknowledgment of receipt, accompanied by the appropriate supporting documents. Otherwise, the file will not be treated as a priority.
After contacting the Agency and, in the absence of a satisfactory response within 60 days, the client may contact the Tourism and Travel mediator whose contact details and referral methods are available on the site:www.mtv.travel . The possible delivery of questionnaires by the service provider or supplier at the end of the trip is only intended to establish statistics on the services. They cannot therefore, under any circumstances, be considered as part of the customer’s after-sales file. 

12. BAGGAGE-PERSONAL EFFECTS

The Agency cannot be held responsible in the event of loss, theft or damage to luggage or personal effects during the trip. In the event of a problem, it is recommended that customers have the facts noted by the competent local authorities (filing of a complaint).
During air transport, the liability of the airlines is limited or excluded in the event of loss, damage or delay of luggage, according to the aforementioned Warsaw and Montreal conventions; these agreements may also benefit the Agency in the event of its liability.
Any complaint must be immediately filed at the airport by the customer himself with the services of the carrier or the airport and as soon as the damage is observed.
No baggage insurance is included in the prices of the services offered by the agency. However, insurance may be offered by one of our insurance providers.
IMPORTANT: if you are taking medication, keep it in the cabin with you in hand luggage (with prescriptions), do not leave it in the hold. It is also recommended to keep your valuables with you in hand luggage: camera, camcorder, eyeglasses, apartment keys, car keys, jewellery, etc. if they are authorized in the cabin and within the limit of the weight authorized in the cabin by the carrier. In addition to the objects already prohibited, passengers must respect the new restrictions on liquids contained in cabin baggage introduced since November 6, 2006; during security checks, passengers must present separately a closed transparent plastic bag of a format of approximately 20cm by 20cm, bottles and tubes of 100ml maximum each).

13. LIABILITY

The Agency holds the legal and administrative authorizations issued by the competent French authorities, guaranteeing customers the proper performance of the services purchased.
The Agency and the supplier are responsible for the proper performance of the services provided and are required to provide assistance to the traveler in difficulty. In the event of their full liability being brought into play by the service providers, the limits of compensation resulting from international conventions according to article L. 211-17-IV of the Tourism Code will apply; failing this and except for bodily injury, intentional damage or damage caused by negligence, any damages are limited to three times the total price of the trip or stay.
In the case of tourist packages or the sale of isolated services (example: car rental only), liability cannot be engaged in the event of contractual non-performance on the part of the customer, in the event of an unforeseeable or unavoidable event of a third party unrelated to the provision of travel services or in the event of exceptional and unavoidable circumstances. The full liability provided for in the aforementioned article is excluded with regard to the sale of isolated air tickets (only flights).
The Agency cannot be held responsible for changes in dates, times or routes, change of airport on return, cancellation or modification of part of the program caused by external events such as strikes without notice, technical incidents, air overload, bad weather, epidemics, change of flight or any other case of force majeure, due to third parties unrelated to the provision of the services provided for in the contract or the poor performance of the contract attributable to the customer.
It may happen for reasons relating to the period, attendance or decisions of the hoteliers on site, that the equipment is insufficient in the places of stay or that certain activities are suspended.
The Agency  will not be liable in any way in the event of an incident occurring during services purchased directly on site by the customer from an external service provider or resulting from a personal initiative of the customer.

14. INSURANCE

The Agency communicates to the customer the conditions of the specific cancellation, assistance and repatriation insurance before the confirmation of the travel reservation.
At the latest at the time of registration, the customer may take out a specific insurance contract according to two options: Multi-risk or Cancellation.
If the client provides evidence of a previous guarantee for the risks covered by the insurance taken out, the client has the possibility of terminating this insurance free of charge within a period of fourteen (14) days and as long as no guarantee has been put implemented.
The customer may choose not to take out any additional insurance.

15. CANCELLATION CONDITIONS

has. Cancellation by the customer
In accordance with article L.221-28 of the Consumer Code, the travel contract is not subject to a right of withdrawal.
Any request for cancellation of registration from the customer must be made either by telephone to the number of the dedicated Agency appearing on your travel confirmation or directly in this Agency and will result, whatever the trip or the stay, except specific conditions , cancellation fees indicated in the contract or the conditions of each travel supplier.
In the event of cancellation of any service, the insurance premium, visa fees if applicable, administration fees and ticketing fees are non-refundable.

b. Cancellation by a travel supplier
If a travel supplier decides to cancel the trip or stay before departure, the customer will be notified by any means allowing receipt to be acknowledged. If an amicable agreement on a substitute trip or stay proves impossible, it is advisable to refer to the specific conditions for each travel supplier regarding the reimbursement of the sums paid by the customer and the cancellation indemnity.
When a minimum number of participants is required for the realization of a circuit or a trip and that this number is not reached, the Site informs the customer:

• 20 days before the departure date, for trips lasting more than 6 days.
• 7 days before the departure date, for trips lasting from 2 to 6 days.
• 48 hours before the departure date, for trips lasting 2 days.

The customer will then be offered an alternative solution at the current rate, or full reimbursement of the sums paid, but the customer will not be able to claim compensation.

16. CHANGES TO CONTRACT

Reference should be made to the Terms and Conditions specific to each travel supplier, which form an integral part of the travel contract, with regard to the conditions for contract modifications.
has. Modifications by the customer
A date postponement or a change of destination is generally considered as a cancellation (cf. Article 15). A change of name is not considered as a modification, but as a transfer of contract and therefore involves the costs provided for in Article 17. Any modification of the services by the customer on site cannot give rise to reimbursement (stay shortened by example), as well as any unused service.
b. Changes by a travel supplier
If, before departure, an external event imposing itself on a travel supplier within the meaning of article L.211-13 of the Tourism Code, forces it to modify an essential element of the contract concluded by the Agency with the customer , the Site will notify the customer by any means allowing receipt thereof to be acknowledged, as quickly as possible and will formulate proposals (modification of the trip or replacement trip). 

17. ASSIGNMENT OF CONTRACT

In accordance with article L. 211-11 of the Tourism Code, you have the option of assigning the contract as long as it has had no effect and up to 7 days before departure, by notifying the agency within a reasonable time, to a person fulfilling the same conditions as you. You and the beneficiary of the transfer remain jointly and severally liable for the payment of the balance of the contract and the transfer costs which will be communicated to you.
On the other hand, the client cannot transfer his or her insurance contracts.
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 assimilated to a cancellation generating the costs provided for in the Conditions. Vendor’s Sale.

18. APPLICABLE LAW
The contracts concluded between the Agency and the client are subject to French law.

19. INSURANCE – FINANCIAL GUARANTEE Regulatory information concerning the Agency’s insurance and financial guarantee will be available from the Agency.
the sale will be carried out by HEAVEN TRAVEL NICE , Sarl   with a share capital of 13,000 euros, whose registered office is located at 10 avenue Felix Faure 06000 NICE, registered with the RCS of Nice   under the number : 529.546.632 , registered with ATOUT FRANCE under number IM006180005, Financial guarantee issued by the Professional Association of Tourism Solidarity (APST), domiciled at 15 avenue Carnot 75017 Paris (email:  info@apst.travel  – Tel.: 01 44 09 25 35).

Heaven Travel has subscribed with the company Hiscox a contract n° HA RCP0314840 guaranteeing its Professional Civil Liability. The HEAVEN TRAVEL NICE
Agency is a member of the National Syndicate “Les Entreprises du Voyage” and a member of the TOURCOM network.

20.STANDARD INFORMATION FORM

The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302 and Article L.211-2 II of the Tourism Code. You will therefore benefit from all the rights granted by the European Union applicable to packages, as transposed in the Tourism Code.
The Travel Agency and the Supplier will be fully responsible for the proper execution of the package as a whole. In addition, as required by law, the Travel Agency and the Supplier have protection in place to refund your payments and, if transport is included in the package, to ensure your repatriation in the event that they become insolvent. .
Essential rights under Directive (EU) 2015/2302 transposed into the Tourism Code
Travelers will receive all essential information about the package before concluding the package travel contract.
The organizer and the retailer are responsible for the proper performance of all travel services included in the contract.
Travelers receive an emergency telephone number or the details of a point of contact allowing them to reach the organizer or the retailer.
Travelers may transfer their package to another person, subject to reasonable notice and possibly subject to payment of additional fees.
The price of the package can only be increased if specific costs increase (for example, fuel prices) and if this possibility is explicitly provided for in the contract, and in any case cannot be changed less than twenty days before the start. of the package. If the price increase exceeds 8% of the price of the package, the traveler can terminate the contract. If the organizer reserves the right to increase the price, the traveler is entitled to a price reduction in the event of a decrease in the corresponding costs.
Travelers can terminate the contract without paying termination fees and be fully reimbursed for payments made if any of the essential elements of the package, other than the price, undergo a material change. If, before the start of the package, the professional responsible for the package cancels it, travelers have the right to obtain reimbursement and compensation, if applicable.
Travelers can terminate the contract without paying a termination fee before the start of the package in the event of exceptional circumstances, for example if there are serious security problems at the destination which are likely to affect the package.
In addition, travelers may, at any time before the start of the package, terminate the contract upon payment of an appropriate and justifiable termination fee.
If, after the start of the package, important elements of it cannot be provided as planned, other appropriate services must be offered to travelers at no additional cost.
Travelers can rescind the contract without paying a rescission fee when the services are not performed in accordance with the contract, this significantly disrupts the performance of the package and the organizer does not remedy the problem.
Travelers are also entitled to a price reduction and/or compensation in the event of non-performance or poor performance of travel services.
The organizer or the retailer must provide assistance if the traveler is in difficulty.
If the organizer or the retailer becomes insolvent, the amounts paid will be reimbursed.
If the organizer or the retailer becomes insolvent after the start of the package and transport is included in the package, the repatriation of travelers is guaranteed.
The Agency has taken out insolvency protection with an insolvency protection entity.
Travelers may contact the Guarantee Agency if services are denied to them due to the Agency’s insolvency.
When the reservation is made with the HEAVEN TRAVEL Agencyin NICE, the financial guarantor is the Association Professionnelle de Solidarité du Tourisme (APST), domiciled at 15 avenue Carnot 75017 Paris (email:  info@apst.travel  – Tel.: 01 44 09 25 35).
Directive (EU) 2015/2302 transposed into national law
https://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=B6B56671A51841699A8FB7B4B5EB08A2.tplgfr21s_1?idArticle=LEGIARTI000036242695&cidTexte=LEGITEXT000006074073&categorieiddateTexte=70108id

20.2. Standard information form for contracts relating to a travel service (excluding flights only)

If you buy a travel service, you will benefit from the rights granted by the tourism code.
The Travel Agency and the Supplier will be fully responsible for the proper performance of the travel service. In addition, as required by law, the Travel Agency and the Supplier have protection in place to refund your payments in the event that they become insolvent.
Essential rights provided by the tourism code:
Travelers will receive all essential information about the travel service before concluding the travel contract.
Both the service provider and the retailer are responsible for the proper performance of the travel service.
Travelers are provided with an emergency telephone number or contact point details to reach the service provider or retailer.
Travelers may transfer their travel service to another person, subject to reasonable notice and possibly subject to the payment of additional fees.
The price of the travel service can only be increased if specific costs increase and if this possibility is explicitly provided for in the contract, and in any case cannot be changed less than twenty days before the start of the trip. If the price increase exceeds 8% of the price of the travel service, the traveler can terminate the contract. If the service provider reserves the right to increase the price, the traveler is entitled to a price reduction in the event of a decrease in the corresponding costs.
Travelers can rescind the contract without paying a rescission fee and be fully reimbursed for payments made if one of the essential elements of the contract, other than the price, undergoes a material change. If, before the start of the service, the responsible professional cancels it, travelers can obtain reimbursement and compensation, if applicable.
Travelers can terminate the contract without paying termination fees before the start of the service in the event of exceptional circumstances, for example if there are serious security problems at the place of destination which are likely to affect the trip.
In addition, travelers may, at any time before the start of the trip, terminate the contract upon payment of an appropriate and justifiable termination fee.
If, after the start of the trip, important elements of the trip cannot be provided as planned, other appropriate services must be offered to the travellers, at no additional cost.
Travelers can rescind the contract without paying a rescission fee when the services are not performed in accordance with the contract, this significantly disrupts the performance of the trip and the service provider does not remedy the problem.
Travelers are also entitled to a price reduction and/or compensation in the event of non-performance or poor performance of the travel service.
The service provider or retailer must provide assistance if the traveler is in difficulty.
If the service provider or retailer becomes insolvent, the amounts paid will be refunded.
The Agency has taken out insolvency protection with a financial guarantee organization.
Travelers can contact this organization if they are denied services due to the Agency’s insolvency.
The financial guarantor of HEAVEN TRAVEL NICE is the Professional Association of Tourism Solidarity (APST), domiciled at 15 avenue Carnot 75017 Paris (email:  info@apst.travel  – Tel.: 01 44 09 25 35).