GENERAL TERMS AND CONDITIONS OF SALE
CROISIEUROPE GROUP BROCHURE

Booking one of the cruises presented in this brochure shall imply the acceptance of the general and particular terms and conditions of sale stipulated hereinafter. By dating and signing
the travel contract drawn up by the salesperson from whom he purchases his journey, which stipulates that the terms and conditions have been accepted by him, the client expressly
recognises that he has familiarised himself with the information relative to the journey that he has chosen from our brochures, available in travel agencies or directly from us. He shall
therefore be referred to the information contained in these brochures in respect of any details concerning the journey. This brochure offers a selection of cruises and our offer is not
limited to the cruises selected. Cruises or provisions not included in the brochure shall be subject to the same terms and conditions.

GENERAL TERMS AND CONDITIONS OF SALE

 

Decree no. 94-490 of 15 June 1994, in application of Article 31 of law no. 92-645 of 13 July 1992 establishing the terms
for the practice of all activities related to the organisation and sale of trips or stays.


The terms and conditions of sale governing relations between the travel agencies and their clientele have been laid down by Order no. 94-490 of 15 June 1994 made in application of Article 31 of Law no. 92-645 of 13 July 1992 stipulating the terms and conditions of exercising activities relative to the organisation and sale of journey and holidays.
In compliance with Article 104 of the aforementioned Order, we reproduce in full below Articles 95 to 03, which shall also appear on the back of the order form, which the travel agency shall issue to its client on reservation.
The travel agencies undertake to respect these legal provisions and are informed that, aboard our vessels, their clientele has the status of passenger and the conditions of embarkation are laid down by the Law of 15 June 1895, the principal specifications of which are reiterated hereinafter.

Article 95: Subject to the exclusions provided for in the second paragraph (a and b) of Article 14 of the aforementioned law of 13th July 1992, all offers and all sales of travel or stay services, shall result in the delivery of appropriate documents which comply with the rules defined by the present document. In the event of the sale of air travel tickets or of tickets for travel on a regular airlines not accompanied by
services connected to this transport, the seller shall provide the purchaser with one or several tickets of passage for the entire trip issued by the carrier or under his responsibility. In the case of transport on request, the name and address of the carrier on whose account the tickets are issued must appear.

 

Article 96: Prior to the conclusion of the contract, the seller must communicate to the consumer, on the basis of a written document bearing the seller’s corporate name, address and the indication of the seller’s administrative authorisation to practice, the information regarding the prices, the dates and the other elements constituting the services provided during the trip or stay such as :

1. The destination, the means, the characteristics and the categories of transport used.

2. The type of lodging, its location, its level of comfort and its main characteristics, its tourist certification and classification corresponding to the regulations or common practices of the country of destination.

3. The meals provided.

4. The description of the itinerary in the case of tours.

5. The administrative and health-related formalities which must be carried out, notably in the case of the crossing of borders, as well as the deadlines for accomplishing such formalities.

6. The visits, excursions and other services included in the package price, or available for a charge.
7. The minimum or maximum size of the group required for the trip or stay to take place, as well as, if the execution of the trip or the stay is subject to a minimum number of participants, the deadline for
informing the consumer in case of cancellation of the trip or stay ; this date may not be set at less than twenty-one days prior to the departure.
8. The amount or percentage of the price to be paid as a deposit at the conclusion of the contract, as well as the payment schedule of the balance.
9. The terms of revision of the prices such as provided for in the contract in application of Article 100 of the present decree.
10. The conditions of contractual cancellation.
11. The conditions of cancellation specified in Articles 101, 102, 103 hereafter.
12. The details concerning the risks covered and the amount of the warranties underwritten by the insurance policy covering the consequences of the civil and professional liability of the travel
agencies and of the civil liability of the non-profit associations and organisations and of the local tourism organisations.
13. The information concerning the optional taking out of an insurance policy covering the consequences of certain cases of cancellation or of an assistance contract covering certain specific risks, notably the expenses for repatriation in the case of accident or illness.

Article 97: The preliminary information provided to the consumer binds the seller, unless in providing this information the seller has expressly reserved the right to modify certain elements. The seller
must, in this case, clearly indicate in which manner this modification can occur and on what elements.
In any case, any modifications to the preliminary information must be communicated in writing to the consumer before the contract is entered into.

 

Article 98: The contract concluded between the seller and the purchaser must be in writing and drawn up in duplicate of which one copy shall be handed over to the purchaser and signed by both parties. It must include the following clauses:

1. The name and address of the seller, the respective guarantor and the insurance company as well as the name and address of the organiser.
2. The destination or the destinations of the trip, and in the case of a split stay, the different periods and their dates.
3. The means, the characteristics and the categories of transport used, the dates, times and locations of departure and return.
4. The type of lodging, its location, its level of comfort and its main characteristics, its tourist classification according to the regulations or common practices of the country of destination.
5. The number of meals provided.
6. The itinerary in the case of tours.
7. The visits, sightseeing excursions, or other services included in the total price of the trip and of the stay.
8. The total price of the services invoiced as well as the indication of any possible revision of this invoicing provided for by Article 100 hereafter;
9. The indication, if appropriate, of fees or taxes related to these services such as the landing, disembarkation or boarding taxes in ports and airports and stay taxes when such taxes are not included
in the price of the service or services provided.
10. The schedule and terms of payment of the price ; in any case, the last instalment made by the purchaser may not be lower than 30 % of the cost of the trip or stay and must be made at the moment when the travel documents enabling execution of the trip or stay are handed over.
11. The specific conditions requested by the purchaser and accepted by the seller.
12. The terms according to which the purchaser may file a claim against the seller for non-performance or poor performance of the contract. Such claims must be addressed as quickly as possible, sent by registered mail with acknowledgement of receipt to the seller, and indicated in writing, as the case may be to the organiser of the trip and the provider of the services concerned.
13. The deadline by which the purchaser must be informed in case of cancellation of the trip or the stay by the seller in the case whereby the execution of the trip or the stay subject to a minimum number of participants, pursuant to the provisions of paragraph 7 of Article 96 above.
14. The conditions of contractual cancellation.
15. The conditions of cancellation specified in Articles 101, 102, 103 hereafter.
16. The details concerning the risks covered and the amount of the warranties taken out through the insurance policy covering the consequences of the civil and professional liability of the seller.
17. The indications concerning the insurance policy covering the consequences of certain cases of cancellation, taken out by the purchaser (policy number and name of the insurance company) as
well as the indications concerning the assistance contract covering certain specific risks, notably the expenses for repatriation in case of accident or illness; in this case the seller must hand over a
document specifying at least the risks covered and the risks excluded.

18. The deadline by which the seller must be notified by the purchaser if the purchaser transfers the contract.
19. The undertaking to provide to the purchaser, the following information in writing, at least 10 days prior to the date of the departure: a) the name, address and telephone number of the local representative of the seller or, failing that, the names, addresses and telephone numbers of the local organisations which may assist the consumer in case of difficulty, or failing that, the telephone number enabling the consumer to contact the seller in case of emergency. b) for trips and stays of minors in foreign
countries, a telephone number and an address at which the child or the person responsible for the child’s stay in the foreign country may be directly contacted.

 

Article 99: The purchaser may transfer his contract to a transferee who meets the same conditions as the purchaser in order to carry out the trip or stay, as long as such contract has not yet come into force. Unless a stipulation more favourable to the transferor is made, the transferor must inform the seller of this decision by a registered letter with acknowledgement of receipt at least seven days before the trip. In the case of a cruise, this deadline is brought to 15 days. This transfer shall not be subject, in any case, to a prior authorisation of the seller.

Article 100 : When the contract contains an express option of revision of the price, within the limits provided for in Article 19 of the aforementioned law of 13 July 1992, it shall indicate the specific terms
of calculation, both for an increase and for a decrease, of the variations of the prices, and notably the amount of the transport and related taxes, the currency or currencies which may have an influence
on the price of the trip or stay, the share of the price to which the variation is applied, the exchange rate of the currency or currencies used as a reference when the price indicated in the contract is set.

Article 101 : When, before the departure of the purchaser, the seller is forced to modify one of the essential elements of the contract, such as a significant rise in price, the purchaser may, without filing any claims for any damage suffered, and after having been informed about it by the seller by a registered letter with acknowledgement of receipt;
- either terminate the contract and obtain without penalty the immediate reimbursement of the amounts paid,
- or accept the modification of the trip of substitution proposed by the seller; an endorsement to the contract specifying the modifications made shall then be signed by the parties; any decrease in price shall be deducted from any amounts due by the purchaser, and if the payment already made by the purchaser exceeds the price of the modified service, the excess amount shall be reimbursed to the
purchaser before the departure date.

Article 102 : In the case provided for in Article 21 of the aforementioned law of 13th July 1992, when, before the departure of the purchaser, the seller cancels the trip or the stay, the seller shall inform the purchaser by a registered letter with acknowledgement of receipt: the purchaser, without filing any claims for any damages suffered, shall obtain from the seller the immediate reimbursement without penalties of the sums paid, the purchaser shall receive, in this case, an indemnity at least equal to the penalty which he would have borne if the cancellation had occurred by his own doing at the same
date. The provisions of the present Article shall not under any circumstances constitute an impediment to any amicable contract through which the purchaser accepts a trip or stay of substitution proposed by the seller.

Article 103 : When after the departure of the purchaser, the seller cannot supply a preponderant share of the services provided for in the contract, representing a non-negligible percentage of the price paid by
the purchaser, he should immediately take the following steps without filing any claims for any damages suffered:
- either propose services in replacement of the services planned, bearing any price increase, and if the services accepted by the purchaser are of lower quality, the seller shall reimburse him, immediately
on the purchaser’s return, the price difference.
- or if the seller cannot propose any service in replacement or if these are refused by the purchaser for valid reasons, supply the purchaser, without any price increase, tickets for transport in order to enable the purchaser to return in conditions which may be found equivalent to the place of departure of another place accepted by the two parties.

PARTICULAR TERMS AND CONDITIONS FOR RIVER BOAT COMPANIES AND SHIP OWNERS

MEDICAL CONTRAINDICATIONS:

All passengers shall ensure that they are medically and physically fit to undertake a cruise without endangering their life or that of others. No medical assistance is available on board our vessels. All accidents to persons, diversions or expenses for unscheduled stops disrupting the course of the cruise
shall be the responsibility of any passenger who may have concealed his inaptitude.
We advise the wearing footwear suitable for life on board, with antislip soles.

REFUSAL OF EMBARKATION AND PREMATURE DISEMBARKATION:

Embarkation may be refused to any passenger and any cruise may be interrupted for a passenger (at the risk and expense of the passenger leaving the vessel) when, in the opinion of the ship’s captain or the senior officer aboard, such passenger is not fit to travel, whether for administrative reasons or others, or disrupts or endangers the other passengers. Such a passenger may be set ashore in any port of call
whatsoever without the responsibility of the ship owner being invoked. The river boat company shall not be required to refund those days of the cruise not effected by the passenger set ashore. Nor shall it be
responsible for bearing the costs incurred by such disembarkation.

RESPECT OF THE TIMETABLES OF STOPOVERS:

When in port, the deadline times for passengers to return aboard and for the departure of the vessel are mentioned on board ship and specified by the ship’s officer. It is the responsibility of the passengers to respect such timetables. The company declines all responsibility for instances of non-embarkation. No refund or payment in damages shall be due to such passengers.

PERSONAL EFFECTS / LUGGAGE:

Forbidden on board are animals, dangerous objects and products such as illicit substances, firearms,
blunt and sharp objects, explosives, oxygen, compressed air or inflammable products, etc… The ship owner reserves the right to refuse embarkation to any passenger possessing such items.

All loss of objects and material damage shall be declared on board in writing at the Purser’s office. The passenger shall forward his statement to us within the three days subsequent to disembarkation.
Except in instances of mistakes on its part, the company shall not be held responsible for loss of, theft of, pilfering of and/or damage to the passenger’s property. Our crew is at your disposal for the handling of your luggage but their responsibility for this may not be invoked. The limit of responsibility is set at €450 per passenger. We advise passengers to insure their luggage.

VALUABLES:

The ship owner shall not be responsible for the loss of or damage to valuable objects, silver, titles, jewellery, or personal goods. We would ask you not to leave valuables unattended. In addition, we
would advise you not to leave in any luggage you entrust to transport agents any items of value, keys or identity papers, or medication essential to your health. We shall not be held responsible in the event
of damage to, loss or theft of personal effects.

MODIFICATION OF ITINERARY AND TIMETABLES:

In the event of strikes, riots, poor weather conditions or for any other reason, the ship owner may at all times and without prior notification, advance or delay a departure or a stopover or, if necessary, select an alternative stopover and shall not be held responsible to the passengers in the event of cancellation, advancement, delay, modification or substitution. The ship owner shall not be held responsible for any failure to respect the timetables of arrivals and departures given in this brochure, and this whatever such stopover may be. Generally speaking, and this is generally accepted in law, the ship’s captain’s prime mission is the safety of passengers on board. Whatever the vessel or its destination, he alone shall be in charge on board ship and may at all times decide to divert the vessel or cancel a stopover.
Certain destinations are subject to particular meteorological and climatic conditions. Certain stopovers may be reversed, curtailed or cancelled. In the event of cancellation, excursions purchased on board
shall be refunded. No other compensation shall be due. A specific stopover may not constitute the objective of a programme, the intention of which is to explore a region generally and the pleasures of sailing.

RESPONSIBILITY OF THE SHIP OWNER:

The responsibility of the ship owner shall be invoked only in respect of the vessel or its crew. All
anomalies shall be pointed out to the Purser. The ship owner shall not be held responsible for any damage suffered by passengers on dry land: injuries, accidents, loss, irregularities, delays, defective means of transport, etc., imputable to outside agents such as airline companies, hotels, reception agencies, restaurateurs, suppliers, etc. All ancillary service provisions (transport, accommodation, transfers, etc.) booked to complement the cruise shall not be his responsibility. The limitation of responsibility of the ship owner for corporal damage shall be SDR 46,600 per passenger (SDR: Special Drawing Rights: international currency).

RESPONSIBILITY OF THE PASSENGERS:

Each passenger (or, if he is a minor, his parents or guardians) shall be responsible and undertakes to compensate the company for any damage to the vessel, its fittings, its equipment or any of the vessel’s property, for any fines or penalties imposed on the company because of an act, an omission or the violation of a law, whether it concerns an act of a voluntary or involuntary nature on the part of the passenger. Passports shall be in order for the countries visited.

CHILDREN / MINORS:

Minors under 18 years of age shall not be authorised to travel alone on board. They shall be accompanied by parents or adults of more than 18 years of age. No alcoholic beverages shall be served to minors on board. Verification of the age of the client may be requested by the personnel on board.

PARTICULAR TERMS AND CONDITIONS OF SALE

VALIDITY:

Brochure valid from 01.09.2006 to 31.12.2007

PRIX :

Our prices are set on the basis of the economic conditions prevailing one month prior to the publication of this brochure. We reserve the right to review the prices stated in this brochure in the event of variations in the rates of exchange, economic conditions or any other service provision (increase in the cost of fuel or service provisions scheduled in the programmes), in application of the Order of 15 June 1994. Prices shall be confirmed by the selling travel agent at the time of booking. In the event of modifications, the adjustment upwards or downwards shall not necessarily be operated on the date
of payment for the service provisions, but on the date of use, which shall be the only issue taken into account. Prices are expressed in euros. They shall include the service provisions underlined to the exclusion of other costs and all expenditure caused by a fortuitous event (strike, riot, revolution, atmospheric conditions, water levels, etc.).
Our prices are calculated as fixed rates to include a range of service provisions described in the programmes and booked by the client to the exclusion of all service provisions that the client may reserve and pay for on board. They are based on a certain number of nights and do not necessarily correspond to a predetermined number of full days. If, because of the timetables imposed by the various means of transport, the first and last days are curtailed by a late arrival or a morning departure, no refund shall be given. The duration of the journey is calculated from the convocation date to the return date.

PAYMENT FOR THE JOURNEY – RESERVATIONS AND PAYMENT:

Reservations may be made at any time in any travel agency and shall be dependent on available accommodation. You shall be considered to have booked as soon as you have agreed and applied the conditions of the contract.
By virtue of Articles L-441-3 and L-441-6 of the Commercial Code, all late payments shall incur the application of a penalty for late payment equal to 1.5 times the legal rate of interest. In addition, no discounts shall be granted for early payment.

ADMINISTRATIVE COSTS IN THE EVENT OF MODIFICATIONS BY THE CLIENT PRIOR TO DEPARTURE:

For cruises: All modifications to the reservation fifteen days prior to departure shall incur additional costs of 30 € excl. VAT per person (excluding additional costs for invoice dispatch), which shall in no event be refundable and payable subsequently. However, no modifications shall be accepted less than four days prior to departure. Such costs shall also be requested in the event of transfer of the contract to a third party.
For transfers: Should a modification concern the change of one or more names of clients, we decline all responsibility as to acceptance or refusal by our various suppliers, particularly airline companies. Costs for such modifications in the order 30 € excl. VAT to 150 € excl. VAT per person may be demanded by the aforementioned companies. In the event of refusal, the cost scale for cancellation shall apply.

MODIFICATIONS TO AIRLINE SERVICE PROVISION BY CLIENTS AFTER DEPARTURE:

The airline prices used to get to the ports of embarkation are subject to specific terms and conditions of reservation and issue. Once the journey has commenced, no modification shall be authorised by the airline companies or the ship owner and no refund shall be made. The ship owner cannot subsidise the accommodation of any passenger disembarking in the course of the cruise or at the end of the cruise.

DISPATCH COSTS:

Costs such as guaranteed next day delivery, express delivery, etc., when rendered necessary because of a late booking, strikes by the postal services or other circumstances independent of our will, shall be invoiced to the travel agency or the client.

CANCELLATION COSTS:

Should the client cancel, the refund of the sums paid shall be made after deduction of the amounts (cancellation costs) stipulated in the contract.

All cancellations shall be sent to us by registered letter with acknowledgement of receipt. Insurance costs and all other cancellation costs demanded by our suppliers shall in no event be refunded.

No refund shall be made if the client does not appear at the time and place mentioned on the travel documents, which are sent to him ; similarly, should he be unable to provide the police or health documents required for his journey (passport, visas, identity card, vaccination certificate, etc.), CroisiEurope shall not be held responsible for a delay prior to travel by air, rail or overland, which may lead to the passenger not appearing at the time of departure, for whatever reason, even if this delay is the consequence of an instance of force majeure, a fortuitous event or caused by a third party.

An interruption to the cruise shall not entitle the passenger to request a refund or credit note of any kind, unless he has taken out a cancellation insurance, which includes this option in its general terms and conditions. In this event, the refund shall be made directly by the insurance company. Should one of the passengers in a double cabin cancel his reservation, the remaining passenger shall pay the single cabin supplement.

IMPORTANT :

All prices that include air transport are subject to the general and particular terms and conditions of cancellation of the designated airline companies. In the event of cancellation of one or more passengers, the following terms and conditions of cancellation shall apply:
• Overland and river services: according to the general terms an conditions of CroisiEurope;
• Air transport: from 120 days prior to departure to the day of departure: according to the terms and conditions of the designated airline company.

 

REDUCTIONS FOR CHILDREN: Under 2 years of age, the cost of meals and accommodation shall be paid on the journey; from 2 years of age and not exceeding 10 years of age: 20% reduction on the price quoted in the brochure.

REDUCTION FOR A TRIPLE CABIN:

A 30% reduction on the cruise price shall be granted to the 3rd occupant belonging to the same family
in a triple cabin.

FORMALITIES: Participants shall satisfy the police and customs
formalities prevailing at the time the cruise takes place and depending
on their nationality and destination. However, we recommend
that passengers check any modifications with their travel agency or
the competent health services. A passenger who is unable to board a
flight or who finds himself denied entry into a country, by dint of
being unable to present the documents required by the authorities,
mentioned in the contract of sale or the invoice, which he has signed,
may not claim a refund. In the event of non-conformity, all expenses
incurred shall be totally payable by the client.
NB: Between the publication of this brochure and the date of departure,
certain modifications are likely to occur. CroisiEurope shall not
be declared responsible for the failure to observe the formalities,
which it will have recommended on reservation of the dossiers at the
latest. CroisiEurope shall in no event be held responsible for fines
resulting from the failure to observe the customs or health regulations
in the countries visited

COMPLAINTS:

All complaints shall be sent to us within 3 days of disembarkation by registered letter with acknowledgement of receipt and shall be taken into consideration to the extent that they have been noted. The client shall include with his letter the appraisal form, which was given to him with his travel documents, and attach any evidence he may have in support of his complaint. In the event of litigation, the courts of Strasbourg alone shall be competent.

PURCHASES:

All purchases made during the journey shall be the sole responsibility of the client (for example: counterfeit articles and others, etc.).

PASSENGER INSURANCE:

We strongly advise our clients to take out insurance when booking or to seek the advice of their insurance broker on the utility of additional insurance.

CROISIEUROPE INSURANCE:

As far as the civil liability of CroisiEurope in respect of passengers and third parties is concerned,
CroisiEurope is insured against corporal and material accidents by a “Protection and Indemnity Club (P&I)” guarantee. As far as the professional civil liability of the cruise organiser is concerned, the cruise organiser is insured in compliance with the provisions of the Order of 15 June 1994. Details of the sum of the guarantee underwritten are at the disposal of the clientele on simple request.

Professional civil liability insurance: insurance policy no. 81486502 Financial guarantee provided by A.P.S. – 15, avenue Carnot – 75017 Paris.

MODIFICATIONS TO THE PROGRAMME AND CANCELLATION OF
CRUISES BY CROISIEUROPE:

Programmes may be modified in cases of absolute necessity. The ship owner reserves the right to cancel cruises owing to circumstances of force majeure, recurrent climatic or natural occurrences (high or low tides, cyclone, etc.) or which may make it impossible to enjoy certain service provisions for reasons relating to the safety of passengers, and this at any time prior to departure, without obligations other than the refund of sums paid. In such an event, the client shall not be entitled to claim any additional compensation. The ship’s captain may cancel the cruise or modify the itinerary of the cruise if he considers it appropriate in the interests of the passengers and the safety of the vessel. Should the cruise be interrupted owing to circumstances of force majeure, the client shall receive a refund for the days of the cruise not fulfilled but shall not claim any additional compensation. Should there be modifications to airline schedules for technical reasons, programmes may also be modified. CroisiEurope reserves the right to cancel any cruise up to 21 days prior to departure should there be an
insufficient number of participants ; the client shall not claim any compensation in this particular instance. Should such modifications to or cancellations of the journey occur, Articles 101 to 103 of the
Order of 15 June 1994 shall be applied. Possible vagaries (civic or religious festivals, political demonstrations, strikes, etc.) may lead to modifications to visits or excursions, CroisiEurope shall not be held responsible for such modifications, which shall not engender requests for compensation from the client.

RESPONSIBILITY OF TRANSPORT AGENCIES:

The consequences of accidents/incidents, which may occur on the occasion of the provision of air transport, are governed by the provisions of the Warsaw Convention or the local regulations governing domestic transport in the country concerned.

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