Where will be distinguished : - the General Terms and Conditions of Sale as defined by the French law n°92.645 dated 13 July 1992 by which Golf and Co abide.
- Golf and Co’s Particular Terms and Conditions of Sale.
I . PARTICULAR TERMS AND CONDITIONS OF SALE
1 – Booking and Payment
The booking of a Golf & Co holiday package means that the user had agreed to the terms and conditions of Sale.
For any booking made less than 30 days prior to the departure, the confirmation comes into effect as soon as the full amount due has been paid, insofar as there are still availabilities and that Golf & Co can materialize them.
For any booking made more than 30 days before the departure, the confirmation comes into effect as soon as a deposit of 30% of the total cost of the travel arrangements, insofar as there are still availabilities. The balance of the cost of your travel arrangements must be paid within 30 days before the departure date.
2 - Travel
It is each traveller’s responsibility to ensure that they comply with the police and health regulations that the Tunisian Authorities request and have all necessary documentation. Golf & Co cannot be held responsible for the traveller(s) failure to comply to those regulations.
British citizens need to ensure that they have the necessary valid passport with at least six months validity before they travel to Tunisia. For more information go to the « Passport » section on http://ukintunisia.fco.gov.uk/en/help-for-british-nationals/.
3 - Modifications / cancellations
Golf & Co reserves the right to cancel a holiday package up to 21 prior to the departure if circumstances are not favourable and will either refund the full amount of monies paid out by the customer or offer an alternative package.
In case of a cancellation by the customer, a cancellation fee will be retained :
- more than 30 days before the date of departure : 20% of the total cost of the travel arrangements with an excess of 250€
- between 30 and 21 days before the date of departure : 35% of the total cost of the travel arrangements.
- between 20 and 14 days before the date of departure : 50% of the total cost of the travel arrangements.
- between 13 to 5 days before the date of departure : 75% of the total cost of the travel arrangements.
- less than 5 days before the date of departure : 100% of the total cost of the travel arrangements.
• Because of the schedules of some airline companies, we sometimes have to issue your plane tickets a long time in advance and sometimes even as soon as you book your travel arrangements. As soon as the plane tickets have been issued and regardless of the date of cancellation, you will be charge a cancelling fee equal to 100% of the price of the plane ticket.
• When several customers book travel arrangements as a group but one of them cancels, the cancellation fees are taken off the monies paid out to Attitude Consulting for these travel arrangements, regardless of whom paid the monies out to us.
4 - Flights
The liabilities of airline companies are described in their terms and conditions accessible on their website or on request by contacting us. The booking of travel arrangements means that you agree to comply with the airline company’s terms and conditions. An airline company may modify the flight’s schedule, itinerary, airports of departure and arrival without prior notice.
In the case when the customer decides to cancel his travel arrangements because of such modifications or technical problems or political or climatic issues, delays, cancellations or strikes, extra stopovers, change of planes or course of flight, the cancellation fee described in the above article 3 will be charged.
5 - Golf
Golf & Co cannot be held responsible if you cannot play the round of golf you have chosen because of bad weather conditions.
However, Golf & Co will inform the customers directly if the game conditions on the chosen course were modified significantly.
6 - Insurances
The prices offered do not include any insurance policy. We therefore recommend that the customer subscribes to an insurance policy that will cover you in the event of a cancellation from you and arrangements for any accident, medical emergency or evacuation.
It is advisable to take out insurance suitable for your needs before you travel. Subscription to an insurance policy must happen on the date when the booking is confirmed at the latest.
7 - Tarrifs
When the booking is confirmed, the final fixed price is given in euros. It includes all the services described in the personalised quote you have received. However, in accordance to the law, we may have to modify our prices and our packages in the following cases :
• changes in airline fares, including when due to fuel cost.
• changes in charges and taxes related to the services offered, such as airport, landing and boarding taxes.
• changes of more than 5 % in currency rates.
In the case of a booking by several individuals under a single booking reference number, the price per person may be different depending on the number of people and the services and activities chosen. Consequently, in case of cancellation by one or several customers, the price for the remaining customers who have not cancelled might itself be different from the initial quoted price. Any refusal from the remaining customers to pay the new price will be considered as the customers themselves cancelling and will be liable to the cancellation fees described in article 3.
8 - Responsibility
According to the article L.211-17 of the Tourism Code, Attitude Consulting cannot be held responsible for the consequences of the following events :
• Loss or theft of plane tickets (the airline company do not issue duplicates).
• No presentation of the identity and/or health documentation (Identity Card, Passport, Visas, Immunisation Certificate...) or of expired documentation or of documentation whose validity does not cover the whole duration of the holiday or that do not comply with the landing card instructions or the check-in or border control requirements. If you fail to check in (and this include if you are too late to board), the whole amount for your travel arrangements will be withheld.
• Accident or unforeseeable events affecting a third party independent of Attitude Consulting such as wars, political turmoil, strikes, technical problems affecting a third party independent of Attitude Consulting, saturated airspace, bankruptcy of one of the service providers, bad weather, delays (including postal delay of the travel tickets), breakdown, loss or theft of luggage or other belongings. The delays caused by the above causes and the modifications they may generate will not entitle the customer, in any case, to a compensation, even if the length of the total travel arrangements has been affected or if they caused the customer to be late for a connecting flight. Any additional cost related to a disruption (tax, hotel, parking,...) will be the customer’s responsibility.
• Cancellation caused by circumstances of force majeure and/or related to the customer’s security and/or requested by an administrative authority. Attitude Consulting reserves the right to modify the planned dates, times or itineraries if they deem the security of the traveller endangered.
9 - Complaints
Unless in a case of force majeure and without excluding a possible legal arbitration, any complaint must be sent with proofs by recorded post with proof of delivery to Attitude Consulting within 10 days of your return.
II GENERAL CONDITIONS OF SALE :
Faithful reproduction of the articles R.211-5 to R.211-13 of the French Tourism Code in compliance with the article R.211-14 of the French Tourism Code.
Article R.211-5 : on condition of the exclusions provided for in a and b of the second paragraph of article L.211-8, any offer and any sale of holiday gives rise to the handover of appropriate documents which comply with the rules defined by this section.
In the case of the sale of plane tickets or other transport tickets on a scheduled journey that do not include other activities, the vendor will supply the customer with one or several tickets issued by the transport company for the totality of the journey. In the case of tailored travel arrangements, the name and address of the carrier chosen must appear on the ticket(s).
Separate billing of the different elements part of the same package does not free the vendor from the obligations and rules defined by this section.
Article R.211-6 : Prior to the conclusion of the contract and on the basis of a written document bearing its company name, address and an indication of its current administrative authorisation, the vendor must inform the consumer of the prices, dates and other aspects of the services provided in the travel or holiday such as :
1. Destination, methods, characteristics and categories of transport used;
2. Type of accommodation, location, standard of comfort and principal characteristics, type approval and tourist classification corresponding to the usages and regulations of the host country;
3. Meals provided;
4. Description of the itinerary in the case of a tour;
5. Administrative and health formalities to be carried out, particularly in relation to crossing borders as well as timings;
6. Visits, excursions and other services included in the package or available at an additional cost;
7. Any minimum and/or maximum size of the group for the holiday or trip and, if the trip or holiday depends on a minimum number of participants, the final date for informing the consumer in the event of the trip or holiday being cancelled; this date may not be less than twenty one days prior to departure;
8. The amount or percentage of the price to be paid by way of deposit on conclusion of the contract and the timetable for paying the balance;
9. The price review procedures as specified in the contract pursuant to article R.211-10;
10. Cancellation conditions of a contractual nature;
11. The cancellation conditions specified in articles R.211-11, R.211-12 and R.211-13;
12. Details of the risks covered and amount of cover taken out under the insurance policy covering the consequences of the travel agent’s professional liability and the public liability of non-profit-making associations and organisations and local tourist organisations;
13. Information on taking out an optional insurance policy covering the consequences of certain circumstances of cancellation or an assistance policy covering certain specific risks, in particular the cost of repatriation in the event of an accident or illness;
Article R.211-7 : Prior information given to the consumer shall be binding on the vendor unless within it the vendor expressly reserves the right to change certain elements.
In such case the vendor must clearly indicate how that change takes place and which elements it affects.
In any event, changes made to such prior information must be given to the consumer in writing before the contract is concluded.
Article R.211-8 : The contract concluded between the vendor and the purchaser must be in writing, produced in duplicate, one copy of which is to be given to the purchaser, and signed by both parties. It must contain the following clauses :
1. The name and address of the vendor, its guarantor and insurance company as well as the name and address of the organiser;
2. The destination or destinations of the journey and, in the event of a split holiday, the various periods and their dates;
3. Destination, methods, characteristics and categories of transport used, as well as the date(s), time and location(s) of departure and arrival;
4. Type of accommodation, location, standard of comfort and principal characteristics, tourist classification in accordance with the usages and regulations of the host country;
5. Number of meals provided;
6. Itinerary in the case of a tour;
7. Visits, excursions and other services included in the total price of the travel or holiday;
8. The total price of the invoiced services and an indication of any review of this invoicing in accordance with the provisions of article R.211-10;
9. An indication, if appropriate, of any fees or charges relating to certain services such as airport taxes and local tourist taxes if these are not included in the price of the service(s) supplied.
10. The timetable and method of paying the price; in any event the last payment made by the purchaser may not be less than 30% of the price of the travel or holiday and must be paid on delivery of the documents enabling the travel or holiday to be undertaken;
11. Any particular conditions requested by the purchaser and accepted by the vendor;
12. The procedures by which the purchaser may make a claim on the vendor for non-performance or poor performance of the contract, any such to be sent as soon as possible, by registered letter with acknowledgement of receipt, to the vendor and which may be reported in writing to the organiser of the travel and the service provider concerned;
13. The last date for informing the purchaser of the cancellation of the travel or holiday by the vendor where the travel or holiday is dependent on a minimum number of participants, in accordance with the provisions of para. 7 of Article 211-6;
14. Cancellation conditions of a contractual nature;
15. The cancellation conditions specified in Articles R.211-11, R.211-12 and R.211-13;
16. Details about the risks covered and the amount of cover of the insurance policy covering the consequences of the vendor’s professional liability;
17. Information about the insurance policy taken out by the purchaser covering the consequences of certain circumstances of cancellation (policy number and name of insurance company) as well as the assistance policy covering certain particular risks, in particular the cost of repatriation in the event of an accident or sickness; in such case, the vendor must give the purchaser a document specifying at least the risks covered and those excluded;
18. The final date for informing the vendor in the event of the purchaser transferring the contract;
19. A written undertaking to provide the purchaser with the following information at least ten days before the scheduled departure date:
a) the name, address and telephone number of the seller's local representative or failing this, the names, addresses and telephone numbers of local bodies that may be able to assist consumers, or failing this a telephone number through which the seller may be contacted without delay;
b) for minors travelling and staying abroad, an address and telephone number via which the minor and/or the person in charge of them at the location of their stay may be contacted.
Article R.211-9 : The purchaser may transfer his contract to a transferee who fulfils the same conditions as himself in respect of taking the holiday as long as the contract has not yet come into force.
Unless there is a stipulation more favourable to the transferor, the latter shall inform the vendor of their decision by registered letter with acknowledgement of receipt at least seven days prior to the start of travel. In the case of a cruise, that time limit is increased to two weeks.
Under no circumstances shall such transfer be subject to the vendor’s prior authorisation.
Article R.211-10 : If the contract includes the express possibility of a price review, within the limits provided for in article L.211-13, it shall state the exact method of calculation of upward and downward price variations, and in particular the amount of transport expenses and related taxes, the currency or currencies which may have an impact on the price of the travel or holiday, the portion of the price to which the variation applies and the exchange rate of the currency or currencies used as a reference when establishing the price appearing in the contract.
Article R.211-11 : If it becomes necessary for the vendor to alter any of the essential aspects of the contract, such as a significant price increase, and it fails to abide by the obligation of information specified in article R.211-6 clause 14, the purchaser may, without prejudice to claiming compensation for any loss suffered, and after having been informed by the vendor of this matter by registered letter with acknowledgement of receipt:
- either cancel their contract and secure an immediate refund of any monies paid, without penalty;
- or accept the change or replacement trip offered by the vendor; an amendment to the contract specifying those changes shall then be signed by the parties; any price reduction shall be deducted from any monies still payable by the purchaser and if the payment already made by the latter exceeds the price of the amended service, any over-payment must be refunded to him before his date of departure.
Article R.211-12 : In the case provided for by article L.211-15, when, before the departure of the purchaser, the vendor cancels the trip or holiday, they must inform the purchaser by registered letter with proof of receipt; without prejudice to claiming reparation for any loss suffered, the purchaser shall receive an immediate refund of any monies paid from the vendor without penalty; in such case, the purchaser shall receive compensation of at least the penalty he would have incurred if he had made the cancellation on that date.
The provisions of this article shall not impede the conclusion of an amicable agreement whereby the purchaser accepts a replacement trip or holiday offered by the vendor.
Article R.211-13 : If, after the purchaser’s departure, the vendor is unable to provide a preponderant part of the services provided in the contract, representing a not insignificant percentage of the price paid by the purchaser, the vendor must immediately take the following action without prejudice to any claim for reparation of any loss suffered:
- either offer services to replace the initial services, bearing any additional cost and, if the services accepted by the purchaser are of inferior quality, the vendor must refund the price difference as soon as he returns;
- or, if he cannot offer any replacement service or if they are rejected by the purchaser on valid grounds, provide the purchaser, at no additional cost, travel tickets so that he can return to the point of departure or to another venue accepted by both parties under conditions deemed to be equivalent.
Golf & Co is a brand belonging to Attitude Consulting
Attitude Consulting Tunisia : LLC with a capital of 10,000 dinars
Head office : Sahloul 3 lot n°81 - 4054 Sousse
Trade Register No : B15135992009
Attitude Consulting France : LLC with a capital of 1,000 Euros
Head Office : 19 place de la Ferrandière – 69003 Lyon
Trade Register No : 523566982
Attitude Consulting is a service provider for the travel agent Tunisiana Travel :
Tunisiana Travel : LLC with a capital of 100,000 dinars
Trade Register No : B0979672007
Tax code : 000MA1027550B
Limited Liability Insurance No° 031006574/7 with COMAR