GENERAL TERMS AND CONDITIONS OF SALE
I. - SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The main activity of SARL LANGUAGE & CULTURE is the organisation of language and cultural immersion programmes.
SARL LANGUAGE & CULTURE offers language and cultural stays (accommodation, French lessons, activities, transport solutions during the stay) but is not responsible for the sale or organisation of transport for the Trainee between his/her home and the town where the stay begins, nor for the arrival or departure of the Trainee.
These general terms and conditions of sale apply automatically to all sales of language and cultural immersion stays by SARL LANGUAGE & CULTURE, and any contract concluded between this company and a Trainee will be exclusively subject to these general terms and conditions, which will constitute the content and basis of the contract relating to the language and cultural immersion stay.
II. – DEFINITIONS
The Trainee: Any natural or legal person who books/purchases an immersion stay (without being a trainee within the meaning of the French Labour Code).
The Professional: SARL LANGUAGE & CULTURE
III. - CAPACITY
The Trainee making the reservation acknowledges that he/she has the capacity to enter into a contract, and in particular that he/she is over 18 years of age and not under guardianship.
IV - PRICES
All prices are shown in Euros and include VAT. Unless otherwise stated in the brochure/description of the stay, these prices do not include personal expenses incurred at destination.
V.- APPLICATION
Interested Trainees may request a proposal for a language and cultural immersion stay. A proposal for a language and cultural immersion stay is non-binding and does not constitute an offer to enter into a contract, but is intended to inform the Trainee of the possibility of an individual booking, the services available and the anticipated costs. Subject to the admission conditions for the language and cultural immersion stay (linguistic criteria, etc.) and availability, LANGUAGE & CULTURE may decide to send a proposal for a language and cultural immersion stay, which must be accompanied by these general terms and conditions and a form informing the Trainee of his/her rights in the event of concluding a contract.
The Trainee may register in writing, electronically, by e-mail or by post. It is recommended to use the registration form sent with the LANGUAGE & CULTURE language and cultural immersion stay proposal and to return it by e-mail to LANGUAGE & CULTURE ("Registration Form"). The Trainee's registration constitutes a binding offer to participate in a language and cultural immersion stay.
The Trainee's enrolment will be based on the proposed Language and Cultural Immersion stay contained in the enrolment form and will be subject to the Trainee's acceptance of these General Terms and Conditions, upon receipt of the information contained in the form.
For each proposed stay, the Professional will indicate the minimum number of participants required.
Below this minimum number of participants required, the Professional will not be obliged to provide the service.
An order is firm and definitive once the sales contract, the programme and these terms and conditions of sale have been signed and accompanied by payment of the deposit. The Trainee may pay by the following methods: Credit card - Bank transfer
VI - METHODS OF PAYMENT
When sending the registration form to LANGUAGE & CULTURE, the participant has the option of paying for the entire stay in one or more instalments.
The balance is due 30 days before the contractually agreed departure date.
If the contract is concluded thirty days or less before the contractually agreed departure date, the full amount is due immediately on receipt of the confirmation of enrolment and on receipt of the invoice and, in any event, no later than the date on which the accommodation reservation begins.
All cancellation or rebooking fees and all other charges must be paid no later than the start date of the accommodation booking.
If the Trainee is in default of payment after the due date, and following a reminder with a payment deadline that has remained unsuccessful, LANGUAGE & CULTURE will be entitled to terminate the contract and charge the Trainee cancellation fees, the amount of which will be set in accordance with the cancellation fees set under Article 13 (XIII). This does not apply if LANGUAGE & CULTURE itself is unwilling or unable to provide the contractually agreed service or if the Trainee has a statutory or contractual right of retention.
In cases where the Trainee withdraws, compensation must be paid in accordance with article 13. Any difference will be due immediately upon invoicing.
VII - PRICE REVISION
The prices indicated on our website have been calculated on the basis of the economic data for the previous month: cost of foreign currency, cost of transport, fees and taxes, etc. Late arrivals, early departures or unused services will not give rise to any reimbursement.
In accordance with articles L.211-12, R. 211-8 and R. 211-9 of the French Tourism Code, the prices stipulated in the contract may be revised upwards or downwards to take into account variations in the cost of transport (fuel/energy), fees and taxes and exchange rates. The Trainee will be informed of any increase in the total price of the package no later than 20 days before departure. This increase will be applied in full to the relevant part of the price (see website/stay description). For any increase in excess of 8%, the Trainee will receive an e-mail detailing the price variation, its impact on the price of the package, the choice of accepting or refusing within a reasonable period and the consequences of failing to respond.
LANGUAGE & CULTURE reserves the right to unilaterally modify the general conditions of the contract other than the price of the trip if, due to circumstances arising after the conclusion of the contract, LANGUAGE & CULTURE can only provide the language and cultural immersion stay by significantly modifying an essential characteristic of the services (Article L.211.13 al. 2 of the French Tourism Code) or by deviating from the specific requests of the Trainee which have become an integral part of the contract. LANGUAGE & CULTURE will inform the Trainee in a clear and intelligible manner, on a durable medium (for example, by e-mail), of the modification to the contract and of any applicable reduction in the price of the package. Any modification to the contract will only be effective if it meets the above requirements and if the Trainee is informed before the start of the trip. Any request for modification after departure will be without effect.
LANGUAGE & CULTURE may only unilaterally modify the general conditions of the contract other than the price if the modifications are minor (article L.211.13 al.1 of the French Tourism Code). LANGUAGE & CULTURE will inform the Trainee in a clear and intelligible manner, on a durable medium (for example, by e-mail), of the modification to the contract. Any modification to the contract will only be effective if it meets the above requirements and if the Trainee is informed of it before the start of the trip. These minor modifications will not result in any price increase. Minor changes shall be deemed to include, but not be limited to, changes to the course and leisure programmes made to maintain compliance with local health and safety regulations. LANGUAGE & CULTURE specifies that, depending on the number of participants, their language level or the season, the partner schools are sometimes obliged to integrate the different members of the group formed solely by the LANGUAGE & CULTURE immersion stay trainees into groups already formed by trainees other than the LANGUAGE & CULTURE immersion stay trainees. The specific interest courses offered in the schools are subject to change. The Trainee acknowledges and accepts that the partner school may change the structure and content of an advertised programme in order to comply with local health and safety regulations and to protect the health, safety and welfare of the Trainees. Such changes may include, but are not limited to, changes in the way a particular programme is delivered, for example moving from classroom to online teaching, reducing the size of class groups or cancelling or substituting specific activities. LANGUAGE & CULTURE is not responsible for any changes made by a partner school.
LANGUAGE & CULTURE may not unilaterally make significant changes to the contract. However, LANGUAGE & CULTURE may offer the Trainee an appropriate amendment to the contract and ask the Trainee, within a period set by LANGUAGE & CULTURE, which must be reasonable, either to accept the offer to amend the contract or to withdraw from the contract. An offer relating to other modifications to the contract may not be made after departure. Any offer to modify the contract after departure will be without effect. On expiry of the period set by LANGUAGE & CULTURE, the offer to modify the contract will be deemed to have been accepted.
In the context of an offer of a price increase or another (significant) modification to the contract, LANGUAGE & CULTURE may also offer the Trainee the option of participating in another language and cultural immersion stay. LANGUAGE & CULTURE will inform the Trainee in a clear and intelligible manner, on a durable medium (for example, by e-mail) of the Replacement Package
If the Trainee does not accept the offer of modification and cancels the contract, LANGUAGE & CULTURE will reimburse the payments already made within 14 days (in accordance with article R.211-9 in fine of the French Tourism Code). Any rights to compensation or reimbursement of unnecessary expenses incurred by the Trainee (article L.211-17 of the French Tourism Code) remain unaffected. If the Trainee accepts the offer to modify the contract or to participate in a Replacement Package and if the service is not of at least equivalent quality to the service initially due, or if it is of equivalent quality but of lesser cost to LANGUAGE & CULTURE, LANGUAGE & CULTURE will reimburse the overpayment (in accordance with article R.211-9, 2nd sentence, of the French Tourism Code).
VIII - NO RIGHT OF WITHDRAWAL
In accordance with article L221-28 of the French Consumer Code, the sale of tourist services is not subject to the right of withdrawal provided for in article L221-18 of the same code.
IX - ASSIGNMENT OF THE CONTRACT
In accordance with article L. 211-11 of the French Tourism Code, the Trainee may assign this contract as long as it has not produced any effect and up to 15 days prior to departure, by notifying the agency within a reasonable period of time, to a person meeting the same conditions as the Trainee. The Trainee and the beneficiary of the assignment shall remain jointly and severally liable for payment of the balance of the contract and the costs of the assignment, which shall be communicated to the Trainee.
X - RULES OF CONDUCT
The Trainee undertakes to be present and punctual at the destination of the language and cultural immersion stay. LANGUAGE & CULTURE does not offer any transport service to or from the city chosen for the language and cultural stay in order to ensure the return of the Trainee to his/her home. For independently organised transport to the Destination, we recommend that you book flights that can be changed free of charge or at low cost, and that you allow plenty of time for connecting flights.
It is the sole responsibility of the Trainee to check that his/her state of health allows him/her to take part in the language and cultural immersion programme. In the event of special needs (medical needs, disability, etc.), the Trainee will inform LANGUAGE & CULTURE when sending the Registration Form. If the language and cultural immersion stay takes place within the European Union, the Trainee is advised to obtain a European Health Insurance Card that is valid in the 27 Member States of the European Union as well as in Iceland, Liechtenstein, Norway and Switzerland.
LANGUAGE & CULTURE only informs Trainees of the administrative and health formalities required. The Trainee, who is solely responsible for carrying out these formalities, must ensure that his/her travel documents (e.g. passport, visa, health certificates) are up to date and valid, must comply with customs and exchange regulations and must ensure that any legal or compulsory insurance cover prescribed by the destination country has been duly arranged. The Trainee must ensure that he/she has received all vaccinations and protection against infection prescribed by law or the authorities of the destination country and inform himself/herself of all reasonable or useful vaccinations and protection against infection.
It is the Trainee's responsibility to inform the Professional of any special needs before the stay contract is drawn up. The Trainee may not claim any compensation for non-conformity of the services linked to his/her special needs if he/she has not informed the Professional of this prior to booking.
XI - RESPONSIBILITY
The Professional is responsible for the proper performance of the services provided for in this contract and is obliged to provide assistance to the Trainee in difficulty. In the event that the Professional's liability is called into play as a matter of right due to the service providers, the limits of compensation resulting from international conventions in accordance with article L.211-17-IV of the French Tourism Code will apply; failing this, and except in the case of bodily injury, intentional damage or damage caused by negligence, any damages and interest are limited to three times the total price of the trip or stay. Under no circumstances may the Professional be held liable in the event of damage attributable either to the Trainee or to a third party not involved in the provision of the travel services included in the contract, or to exceptional and unavoidable circumstances.
XII - FORMALITIES
It is the responsibility of foreign nationals to obtain information on the formalities to be completed from the embassy/consulate of the destination country before booking. The Professional recommends that all Trainees, regardless of their nationality, consult the https://www.diplomatie.gouv.fr/fr/venir-en-france/ website until the day of departure.
XIII - MODIFICATION OR CANCELLATION BY THE PARTICIPANT
LANGUAGE & CULTURE will endeavour to honour any requests for changes made by the Trainee after the contract has been concluded, for example concerning the departure date, the host family, the type of board, the duration of the programme (booking changes); however, there will be no right to have such requests for change honoured. For each booking change made, LANGUAGE & CULTURE shall charge a booking change fee of EUR 50.00 for all changes, with the exception of a course reduction which shall incur a fee of EUR 100.00, unless the Trainee provides evidence that LANGUAGE & CULTURE has incurred less or no costs as a result of the booking change.
- Changes to course dates (start/end): 50.00 EUR
- Reduction in course duration, reduction in courses (fewer hours): 100.00 EUR
- Addition of services: 50.00 EUR
- Changes to accommodation: 50.00 EUR
- Changes to accommodation: 50.00 EUR
All cancellations must be sent to us by registered post or e-mail with acknowledgement of receipt. In the event of cancellation for any reason whatsoever, the following amounts will be deducted: - Cancellation 30 days or more before departure: 15% of the total amount will be retained. - Cancellation 20 to 29 days before departure: 30% of the total amount will be retained. - Cancellation 10 to 19 days before departure: 60% of the total amount will be retained. - Cancellation less than 10 days before departure: 100% of the total amount will be retained. No refunds will be made for no-shows or interrupted stays.
XIV - NULLITY
The fact that the Professional does not take advantage, at a given time, of one of the provisions of these special terms and conditions of sale may not at any time be interpreted as a waiver of the right to take advantage of it at a later date. If one of the provisions referred to in the programme contract or in the conditions of sale were to be declared null and void or without effect, the other provisions would retain all their force and scope.
XV - CANCELLATION/INTERRUPTION INSURANCE: 4% OF THE TOTAL COST OF THE STAY
We strongly advise you to take out cancellation/interruption insurance to cover you against the cancellation charges defined in our conditions of sale. This is optional and must be taken out when you register. It covers cancellation for medical reasons (with no excess), refusal of a tourist visa, serious damage to the vehicle 48 hours before departure, accident or breakdown of the means of transport during pre-transportation resulting in a delay of more than 2 hours causing you to miss your departure, a random event (excess of €70 for administration costs).
Cancellation by LANGUAGE & CULTURE and exclusion of contractual services
LANGUAGE & CULTURE may cancel the contract prior to departure if LANGUAGE & CULTURE is prevented from performing the contract due to exceptional and unavoidable circumstances.
LANGUAGE & CULTURE shall give notice of such cancellation as soon as possible after becoming aware of the reason for the cancellation. In the event of cancellation, the Trainee will be entitled to a refund of the sums paid, but may not claim any additional compensation.
In the event of cancellation, payments already made will be reimbursed immediately and within 14 days at the latest, unless the Trainee wishes to participate in another equivalent language and cultural immersion stay that LANGUAGE & CULTURE is able to offer. In this case, the payments made will be deducted from the Replacement Package.
If the Trainee breaches his/her contractual obligations or systematically or permanently disrupts the language and cultural immersion stay and insofar as LANGUAGE & CULTURE, taking into account all the circumstances of each case and taking into account the interests of both parties, in particular LANGUAGE & CULTURE's duties of protection and diligence towards the other Trainees, can no longer reasonably continue the contractual relationship, LANGUAGE & CULTURE shall be entitled, after issuing an unsuccessful warning, to exclude the Trainee from any further contractual services. In such a case, LANGUAGE & CULTURE will continue to be entitled to the package price, in compensation for the value of expenses saved, refunds or income generated by the use of the services for other purposes. Any additional costs of early repatriation will be borne by the Trainee.
Where applicable, if the number of people registered for a language and cultural immersion stay is less than the minimum number indicated on the Professional's website, LANGUAGE & CULTURE may cancel the contract no later than twenty days before the planned departure.
XVI - LIMITATION OF LIABILITY
LANGUAGE & CULTURE is responsible for the proper performance of the services provided for in the contract and provides assistance to the Trainee in difficulty in accordance with article L.211-16 of the French Tourism Code.
Any claim for damages under this contract by the Trainee is limited to three times the price of the reservation when the damages do not concern bodily injury and do not result from a fault or negligence by action or omission of LANGUAGE & CULTURE (article L.211-17.IV of the French Tourism Code). LANGUAGE & CULTURE may also avail itself of the compensation ceilings provided for by international conventions applicable to a service provider supplying a travel service provided for in the contract.
LANGUAGE & CULTURE accepts no liability for any failure by the Trainee to comply with the requirements set out in Article X (ten).
LANGUAGE & CULTURE accepts no liability for damage resulting from external third-party services (e.g. insurance, excursions, events) insofar as the said third party does not provide the agreed services on behalf of LANGUAGE & CULTURE and these services have been selected separately. LANGUAGE & CULTURE is, however, liable for damages that arise due to a culpable breach of LANGUAGE & CULTURE's obligations to inform, clarify or arrange.
XVII.- PHOTOS
LANGUAGE & CULTURE reserves the right to use photos and videos taken during the stay for publication in its communication media (brochure, website, social networks). However, if you do not wish to appear in these photos and videos, simply send us a letter stating this within one month of the end of your stay.
XVIII - DATA PROTECTION
The purpose of the following information is to define how LANGUAGE &CULTURE, acting in its capacity as data controller, processes the data entrusted to it in the context of managing the commercial relationship with its customers, sending commercial documents to its prospective customers, or complying with its legal obligations.
XIX - DATA COLLECTED
The Professional processes the following data sent directly to him by his customers and prospective customers: - Surname and first name - Age - Sex - Address - Email address - ID card/passport details - Means of payment.
XX - LEGAL BASIS AND PURPOSES OF DATA PROCESSING
Data is processed for the following purposes: - Management of the commercial relationship: reservations, performance of a holiday contract - Consent of the customer or prospective customer: subscription to newsletters - Necessary processing of legitimate interests pursued by the data controller: after-sales management - Necessary processing to safeguard the customer's vital interests.
XXI - RECIPIENTS OF PROCESSED DATA
Data is shared with : - The Professional's service providers solely for the proper performance of the educational and tourist services requested by the customer - The Professional's technical and IT subcontractors, for whom the Professional ensures that they take all measures to ensure that the data is processed in accordance with the regulations.
XXII - DATA RETENTION PERIOD
Data is kept for as long as is necessary to achieve the purpose for which it was collected. The retention periods are as follows: - Claims management: 2 years from the end of the commercial relationship, 10 years in the event of personal injury - Sending of newsletters: data is kept until unsubscribed - Data relating to prospective customers: 3 years from the last contact - Management of orders/invoices: 10 years - Browsing data/cookies: 13 months - Bank details: deleted once the full price of an order has been received (unless the customer consents to their retention).
XXIII - PERSONAL RIGHTS
In accordance with the regulations in force, you have the right to access, rectify, delete and port your personal data and the right to object to their processing for legitimate reasons.
XXIV - APPLICABLE LAW / CLAIMS
These conditions of sale are governed by French law and in particular by the provisions of the French Tourism Code. Any dispute relating to the performance or interpretation of the holiday contract and these terms and conditions of sale shall be referred to the French courts.
In accordance with article L. 612-1 of the French Consumer Code, "Any consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable settlement of the dispute between him/her and a Professional. " The disputes falling within the scope of article L. 612-1 of the Consumer Code are those defined in article L. 611-1 of the Consumer Code, i.e. disputes of a contractual nature, relating to the performance of a contract for the sale or supply of services, between a consumer and a Professional. The text covers both national and cross-border disputes.
It is advisable to inform our local management or head office immediately of any comments you may make during your stay, so that we can take effective action. Any complaint of a commercial nature or relating to the quality of services must be sent to us by e-mail to contact@language-and-culture.com. If no satisfactory response is received within 60 days, or if the Trainee is not satisfied with the response received, he or she may refer the matter free of charge to the Tourism and Travel Ombudsman, whose contact details and procedures for making a referral are available on the www.mtv.travel website. If the sale is made online, the Trainee may use the platform available on the https://webgate.ec.europa.eu/odr website to settle their dispute.
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 French Tourism Code.
You will therefore benefit from all the rights granted by the European Union applicable to packages, as transposed in the Tourism Code. LANGUAGE & CULTURE will be entirely responsible for the proper execution of the package as a whole.
In addition, as required by law, LANGUAGE & CULTURE has protection to refund your payments and, if transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.
Essential rights under Directive (EU) 2015/2302 transposed into the Tourism Code:
Travellers will receive all essential information about the package before concluding the package travel contract. Both the organiser and the retailer are responsible for the proper execution of all travel services included in the contract. Travellers are provided with an emergency telephone number or contact details enabling them to reach the organiser or retailer. Travellers may transfer their package to another person, giving reasonable notice and possibly subject to additional charges. The price of the package may only be increased if specific costs increase (e.g. fuel prices) and if this possibility is explicitly provided for in the contract, and in any case may not be changed less than twenty days before the start of the package. If the price increase exceeds 8% of the package price, the traveller may cancel the contract. If the organiser reserves the right to increase the price, the traveller is entitled to a price reduction in the event of a reduction in the corresponding costs. Travellers may cancel the contract without having to pay any cancellation fees and receive a full refund of payments made if one of the essential elements of the package, other than the price, undergoes a significant change. If, prior to the start of the package, the Professional responsible for the package cancels it, travellers may obtain a refund and compensation, if applicable. Travellers may cancel the contract without paying a cancellation fee before the start of the package in the event of exceptional circumstances, for example if there are serious safety problems at the destination that are likely to affect the package. In addition, travellers may cancel the contract at any time before the start of the package, subject to payment of appropriate and justifiable cancellation costs. If, after the start of the package, important elements of the package cannot be provided as planned, appropriate alternative services must be offered to travellers at no extra charge. Travellers may cancel the contract without paying cancellation costs if the services are not performed in accordance with the contract, if this causes considerable disruption to the package and if the organiser does not remedy the problem. Travellers are also entitled to a price reduction and/or compensation in the event of non-performance or poor performance of travel services. The organiser or retailer must provide assistance if the traveller is in difficulty. If the organiser or retailer becomes insolvent, the amounts paid will be refunded. If the organiser or retailer becomes insolvent after the start of the package and if transport is included in the package, the repatriation of travellers is guaranteed. LANGUAGE & CULTURE has taken out insolvency protection with .............................................................................. Travellers can contact this organisation ..................................................................................... if they are refused services due to the insolvency of LANGUAGE & CULTURE.
Website on which Directive (EU) 2015/2302 transposed into national law can be consulted:
https://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=B6B56671A51841699A8FB7B4B5EB08A2.tplgfr21s_1?idArticle=LEGIARTI000036242695&cidTexte=LEGITEXT000006074073&categorieLien=id&dateTexte=20180701