Special Sales Conditions
Preamble: Status and Collaboration with Nomadays
For your legal and financial peace of mind, Détours Madagascar has joined the local agency collective Nomadays, its partner in France.
Nomadays is an accredited tour operator in France, allowing you to benefit from all the guarantees, insurances, and protections of French law before, during, and after your stay.
- Atout France Registration Number : IM034190008
- Financial Guarantee : APST, 15 avenue Carnot - 75017 Paris
- Professional Liability: HISCOX, contract number HA RCP0303866, coverage of 1,500,000 Euros
This partnership was created to guarantee, on one hand, the direct and free organization of your trip by Détours Madagascar and, on the other hand, to offer you payment security and contractual security as provided by any tourism company regulated by French law.
In this regard, the quote is issued by Détours Madagascar, as are the travel documents in your possession. The invoice, registration form, and online payment for services are handled under the name of Nomadays, which then transfers the due amounts to Détours Madagascar.
Special Sales Conditions
These special sales conditions govern the relationship between Détours Madagascar, a Malagasy law company registered under the numbers RCS: 2013B00700, NIF: 5 001 418 979, N° STAT: 79110 11 2013 0 10890, Licence B, N° 061-13/Minitour, and Assurances ARO RCP Policy N°: 619970, Insured N°: B 7343, represented by Sylvain PHILIP, with its headquarters located at LOT VT 85 Bis XM Andohan'I Mandroseza 101 ANTANANARIVO MADAGASCAR, phone number 0970196283, email [email protected] (hereinafter "Local Agency"), and the Client (hereinafter "the Client").
The Client acknowledges having read and understood these special sales conditions and the description of the chosen trip. Any purchase of a trip implies full acceptance of these special sales conditions.
I. Quotes and Booking
I.1. Quotes and Types of Trips
The trips organized by the Local Agency can be of two main types:
- Group trips with fixed dates
- Private trips (customized or based on pre-established programs)
All of these products are referred to as "trips" in these special sales conditions.
Prices are calculated based on the specifics of each trip, the activities, and the services provided. The prices listed on the Local Agency's website are indicative and may be subject to revision.
The final price is specified in the quote sent by the Local Agency. The quote may have a validity date, after which the quoted price is no longer guaranteed.
If the quote's validity period is exceeded, the Local Agency may issue a new quote upon the Client's request.
I.2. Group Trips with Fixed Dates
Groups are formed by the Local Agency as bookings are received.
They consist of a minimum of three participants and a maximum of ten participants.
This maximum cannot be exceeded unless agreed upon by all registered participants.
However, this maximum can be increased to eleven if the last reservation, while there are already nine participants, concerns two people traveling together, without consulting the other registered participants.
Departures are guaranteed with a minimum of three participants.
If there are only two participants registered, the Local Agency commits to ensuring the departure, subject to the payment of an additional fee, the amount of which varies depending on the tour and is indicated on its website, on the page for each trip.
If the two registered participants refuse this proposal, the Local Agency commits to offering them another trip from its range with similar dates to the already booked trip; if necessary, the two participants may be directed to another travel agency.
If the participants refuse the various proposals, the Local Agency commits to fully refunding the deposit within 15 days after their refund request.
Prices for this type of trip are mentioned on the Local Agency's website on the page for each trip.
I.3. Privatized Stays
Clients who wish to travel exclusively with their friends or family, without any other travelers, can privatize a stay. The departure and return dates are freely set, and the price depends on the number of participants. The different rates are indicated on the Local Agency’s website on the page related to each stay.
The privatized stay is flexible, with services that can be added or removed, and the itinerary can be modified. The price can then be adjusted based on the changes made. In this case, the Local Agency will send a personalized quote to the client.
The Local Agency commits to not adding any additional participants to an exclusive group stay, unless the group expressly requests it.
In case of cancellation of one or more members of the exclusive group, refer to paragraph 4.2.
I.4. Itinerary and Service Descriptions
The photos on the Local Agency’s website are meant to illustrate the landscapes that the client is likely to see during their stay. They do not constitute contractual commitments from the Local Agency.
Travel times are provided purely for informational purposes and are not contractual commitments.
Some trips may include encounters with local people, or even stays with host families. The Local Agency will do its best to ensure that these meetings take place under the best possible conditions, particularly if the tour is guided, by working with guides who are skilled in communication and can facilitate exchanges between locals and clients. However, the Local Agency cannot guarantee the quality of each encounter, from one family to another or from one day to the next.
Similarly, it should be noted that services provided by host families are not the same as those of hotels. A family may have certain constraints (work, illness, etc.) that may temporarily prevent them from hosting clients under the best conditions.
I.5. Reservation Process
Any request for registration must be made by email to the Local Agency or directly online from the Client Area accessible from the Local Agency’s website or our group website, www.nomadays.fr.
To log in to the Client Area, simply enter the username and password determined during the first connection.
The registration is considered final once the online booking form is completed and the deposit and/or balance payment is received according to the registration date. Depending on the services chosen and the country’s regulations, a photocopy of the passport may be requested by the Local Agency. If the passport copy is not sent within the deadlines indicated by the Local Agency, they will not be able to guarantee the proper execution of the reserved services.
Once the payment is made, a confirmation email is sent to the client. It includes confirmation of the payment and a downloadable electronic invoice.
A receipt is sent to the client electronically. In the event that the client does not receive the receipt, the reservation will still be considered final from the moment it is received by the Local Agency.
II. Payment Terms
II.1. Payment Schedule
Registration made more than 30 days before the departure date
The client must pay a deposit of 30% of the total amount of the reserved services. In the case of booking a domestic flight or other transport tickets, the Local Agency may also require the client to pay the full price of said ticket to confirm the reservation. The balance of the stay must be paid no later than 30 days before the start of the stay.
Registration made less than 30 days before the departure date
The client must pay the full amount of the trip in one payment.
In case of non-payment within the deadlines, the Local Agency reserves the right to cancel the services and apply the fees mentioned in article 4.2 below.
As part of the trip, the client has the option to subscribe to insurance services. The premium amount is to be paid upon registration.
II.2. Payment Methods
Payments can be made:
- By credit card online, via the payment links available on the electronic invoice.
- By bank transfer to the Nomadays company’s account.
The electronic invoice is updated with each payment received and remains accessible at any time from the Client Area. It is also downloadable and printable.
III. Preliminary recommendations before the trip
III.1. Administrative and Health Formalities
Before starting the trip, the client is advised to ensure that they are in compliance with police, customs, and health formalities (valid passport, possession of the required visa, authorization(s) for minors to leave the country, vaccination certificate, recommended vaccines). It is strongly recommended to verify all information with the relevant authorities. Neither Nomadays nor the Local Agency can be held responsible for the consequences of the client’s failure to comply with police, customs, or health regulations, either before or during the trip.
III.2. Information on safety and health risks
The Local Agency advises consulting the country information sheet for the destination, published by the French Ministry of Foreign Affairs (MAE) on the website www.diplomatie.gouv.fr, under the "Advice for Travelers" section.
Please note, this information may change up until the departure date, so it is recommended to check it regularly. The client is also encouraged to regularly consult information provided by the relevant authorities regarding the health risks involved in the trip and to follow the health recommendations and measures to address these risks, available on the websites www.sante.gouv.fr (French Ministry of Health and Sports) and www.who.int/fr (World Health Organization).
III.3. Physical and psychological fitness
The client must ensure that their physical condition is suitable for the planned trip. Difficulty and comfort levels are indicated on the descriptive sheet and travel documents. It is important to be in good health, and it is recommended to consult a doctor. The Local Agency cannot be held responsible for any physical limitations that may become apparent during the trip.
IV. Modifications and Cancellations at the Client’s Request
IV.1. Changes to travel services
Any changes to services made after signing the registration form may be considered as a cancellation by the client, followed by a new registration. As a result, the Local Agency reserves the right to charge the fees mentioned in article 4.2.
However, the Local Agency will do its best to minimize modification fees.
Please note, these potential fees are not refundable under the cancellation insurance policy.
IV.2. Cancellation conditions and fees
If the client is required to cancel the trip, they must inform the Local Agency and their insurer by any written means that allows for acknowledgment of receipt, as soon as the event leading to the cancellation occurs. The date of the written notification will be considered the cancellation date for the purpose of calculating cancellation fees. Generally, the insurance company will assess the date of the event that led to the decision to cancel the trip and determine whether to reimburse the cancellation fees based on the documents provided by the client.
Scale of full cancellation fees: :
- More than 45 days before the departure date: 30% of the total price of the trip
- From 44 to 31 days before the departure date: 40% of the total price of the trip
- From 30 to 14 days before the departure date: 50% of the total price of the trip
- From 13 to 7 days before the departure date: 75% of the total price of the trip
- Less than 7 days before the departure date: 100% of the total price of the trip
Scale of partial cancellation fees, except in special cases:
If a traveler enrolled in a privatized trip cancels their participation while the trip is maintained for the other participants:
- For personal services (non-shared): the cancellation fee scale above will apply to the traveler who cancels.
- For shared services: a fee equal to 100%, regardless of the cancellation date, will be charged to the participant who cancels for their share of the trip’s shared services.
When multiple clients are registered on the same file and one of them cancels their trip, the cancellation fees will be deducted from the amounts received for this file, regardless of who made the payment.
Special cases :
- 100% cancellation fees may be applied upon registration for cruises and/or certain hotels.
- 100% cancellation fees may be applied upon registration for certain trip services (excursions, cooking classes, etc.). The mention "non-refundable service" will be indicated on the trip quote, if applicable.
- 100% cancellation fees apply to all domestic flights.
In case of cancellation, for any reason, expenses outside the trip reserved with the Local Agency and incurred by the client, such as transportation costs to and from the departure point of the trip (plane, train, or bus tickets), visa fees, travel documents, and vaccination costs, will not be refunded.
The provisions set out in the full cancellation fee scale and the partial cancellation fee scale are cumulative with the provisions in the "Special cases" section.
IV.3. Transfer of Contract
In case of contract transfer, the Client must inform the Local Agency by email at least 7 days before departure. The transfer is possible subject to the availability of air travel and the appropriate level of the transferee. It may incur additional costs (including changes to flight tickets and name-specific services), which will be charged to the designated transferee. In any case, both the transferor and the transferee are jointly responsible for the payment of the travel price and any additional costs that may arise.
IV.4. Changes during the trip at the client's request
Any program change made at the Client's request can only be implemented after the Local Agency's approval. The additional costs incurred by this change remain the responsibility of the Client and must be paid on-site to the Local Agency.
IV.5. Trip Interruption
Any trip interrupted by the Client (for health reasons or otherwise) does not entitle the Client to any refund for unused services from the Local Agency. The additional costs incurred as a result will not be covered by the Local Agency.
V. Changes and cancellations by the local agency
V.1. Cancellation by the local agency
Events of force majeure (unpredictable and insurmountable incidents or events such as wars, political unrest, strikes, riots, weather conditions, natural disasters, etc.) may result in the cancellation of the booked trip. In such cases, the Local Agency and/or Nomadays will send the Client an informational email. The Client will then have the choice between a refund or a transfer of the amount paid to another trip of their choice. However, the Client will not be entitled to any compensation from the Local Agency or Nomadays.
V.2. Change of Trip
Between the moment the registration is confirmed and the departure, program changes (dates, times, itinerary, supervision, accommodations, etc.) may occur due to organizational difficulties or safety concerns. In such cases, the Local Agency will immediately inform the Client of these changes via email. If the change concerns an essential element, the Client will have the option to either cancel the contract or accept the modification proposed by the Local Agency.
During the trip, program changes (dates, times, itinerary, supervision, accommodations, etc.) may occur due to organizational difficulties or safety concerns. If replacement services are available, the potential extra cost will be covered by the Local Agency. If no replacement services are available, unless it’s a case of force majeure, the Local Agency agrees to refund the price difference between the planned services and those actually provided.
A daily program involving a domestic flight may be modified, even after the start of the trip, depending on the final flight schedule (delays or schedule changes are possible). The Local Agency cannot be held responsible for program changes due to a change in the domestic flight schedule or a delay.
V.3. Role of the Guides
Traveling in a group invariably involves compromises to adapt to external circumstances, the trip's objectives, and the personalities and physical abilities of each participant. In this context, the Local Agency’s expedition leaders and/or local guides may be required to make decisions in the best interest of the group that may not necessarily meet the expectations of some participants. The good faith of the guides in making such decisions will never be questioned, and the Client agrees not to hold the Local Agency responsible for any decisions made by the guide in the group's best interest.
The Local Agency reserves the right to refuse or remove any person from a trip if their behavior or physical condition hinders the smooth running of the trip or is detrimental to the safety, enjoyment, or interests of other participants. A person asked to leave the trip for the reasons mentioned above will be responsible for the costs incurred due to their departure from the excursion and return to their home, and no claims or compensation requests will be considered by the Local Agency.
V.4. Trip Interruption
Any trip may be interrupted by the guide for duly justified reasons (such as safety or health concerns). In this case, unless the interruption is due to a force majeure event, the Local Agency agrees to refund the price difference between the planned services and those actually provided.
VI. Air Transport
VI.1. Transport Services
The Local Agency does not sell international flights. The Client is solely responsible for their transportation to the destination. However, it is recommended to check the European list of banned airlines on the website ec.europa.eu/transport/air-ban/list_en.htm before booking tickets for the trip.
The Local Agency and Nomadays have also partnered with the company "La Bourse des Vols" to assist participants in booking international flights. The Local Agency can then advise the Client on the best flight for their trip. The flight should then be booked directly with La Bourse des Vols, and the Client will be subject to the general sales conditions of that company.
For more flexibility, it is recommended to purchase modifiable and/or refundable services and to allow sufficient transfer time between airports/stations.
In case of force majeure, an unforeseeable and insurmountable event caused by a third party or the Client, it is recommended to inform the Local Agency as soon as possible. Any modifications to services and the resulting costs due to these events will remain the responsibility of the Client.
During the trip, it is possible to include domestic flights. The Local Agency will provide the Client with the identity of the airline(s) likely to operate these domestic flights upon registration.
In the event of any changes after registration, the Local Agency will inform the Client of any changes to the airline(s) identity as soon as it becomes aware of them before departure.
The Local Agency ensures that all airlines used are approved by the relevant administrative authorities.
VI.2. Transport Conditions
The general and specific transport conditions of the airlines are available on their websites. In accordance with the Warsaw Convention, any airline may modify, without prior notice, schedules, itineraries, as well as departure and destination airports. If the airline modifies the flight, especially due to technical issues, weather conditions, political events beyond Nomadays' control, delays, cancellations, or strikes unrelated to the Local Agency, additional stopovers, aircraft changes, or political or weather-related events, and the Client decides to cancel their trip, the cancellation fees mentioned in article 4.2 above will be charged. The Local Agency will not reimburse any costs (taxi, hotels, transport, meals, etc.) once the Client is under the airline's protection.
In case of transport delays, lost luggage, denied boarding (overbooking), or flight cancellations by the airline, the Client is advised to keep all original documents (tickets, boarding passes, baggage tags, etc.) to assert their rights with the airline and to request a written statement from the airline in case of denied boarding (overbooking) or flight cancellations.
The Client should submit their complaint to the airline as soon as possible, given the short deadlines, along with supporting documents and retain the originals.
VI.3. Modification of Transport Services
Any modification of the name or surname after registration requiring the reissue of flight tickets will incur fees equivalent to the price of the new tickets.
The total price charged by the Local Agency may, therefore, differ from the one listed in the quote, particularly due to adjustments in air transport rates (fuel surcharge adjustments, seat rescheduling, or class changes).
If the Client's changes to the trip require modifications to any domestic flights, the fees will be equivalent to the price of the new tickets.
VI.4. Reconfirmation
Any reconfirmations of the return flight remain the full responsibility of the Client.
VII. Insurance
VII.1. Travel Insurance Contract
To participate in our trips, you must be insured for assistance and repatriation as well as medical expenses abroad.
The Local Agency and Nomadays offer the Client a specific travel insurance plan. This plan was developed with CHAPKA ASSURANCES and AXA ASSISTANCE, and we encourage you to review the contract created with our partner and strongly recommend subscribing to it.
To subscribe to insurance, know the guarantees, and view the rates, simply click on the following link: CAP EXPLORER and choose the plan that best suits you:
- Explorer'Multirisk
- Explorer'Cancellation
- Explorer'Assistance
- Explorer'Complementary Bank Card
If you choose to subscribe to one of these plans, the detailed agreement outlining all guarantees and claims procedures is available on the insurer's website. The Client is invited to read it carefully. It is the Client’s responsibility to contact the insurer before or during the trip to activate the insurance contract. The participant must therefore keep this agreement with them throughout the trip.
VII.2. Procedure for Filing and Handling Claims
VII.2.1. Medical Assistance Request
The Client must contact Chapka Assurances for any medical assistance request, available 24/7.
Phone (from France): 01 70 79 07 69 — Phone (from abroad): +33 (0)1 70 79 07 69
Online : www.chapkadirect.fr/sinistre
VII.2.2. Other Claims
In case of trip cancellation or any other incident covered by the travel insurance (lost luggage, etc.), the Client is invited to file their claim online at: www.chapkadirect.fr/sinistre
VIII. Minors
Registration requests for minors must be signed by the father, mother, or legal guardian and must include the mention "agreement of the father, mother, or guardian."
Minors not traveling with their parents or guardians must have, depending on the destination and in addition to the required travel documents, a valid exit permit for leaving mainland France.
Additionally, a phone number and address must be provided for direct contact with the minor or the responsible party.
For minors traveling with one of their parents, guardians, or another adult, it is the responsibility of the adult to ensure that they have the necessary documents to allow the minor to leave the country (national identity card or passport and, if applicable, exit permit).
IX. Price Adjustment Procedures
The prices indicated in the quotes are based, in particular, on the following economic factors:
- The cost of transportation and fuel,
- Fees and taxes related to the included services, such as landing, boarding, and disembarking taxes at ports and airports,
- Exchange rates of currencies that contribute to the cost price.
These economic factors are established on the date the brochure and/or quote is issued. In accordance with Articles L 211-12, R.211-8, and R.211-9 of the Tourism Code, the prices set in the contract may be adjusted up or down to account for changes in transportation costs (fuel/energy), fees, taxes, and exchange rates. The Client will be informed of any increase in the total package price at least 20 days before departure. This increase will apply entirely to the relevant portion of the price. In the case of a price increase, registered clients will be notified by registered letter with acknowledgment of receipt.
For any increase greater than 8%, the Client will receive a durable support detailing the price variation, its consequences on the package price, the choice to accept or refuse within a reasonable period, and the consequences of not responding.
X. Liability
The Local Agency will not be held responsible for the consequences of the following events:
- Loss or theft of flight tickets (airlines do not issue duplicates),
- Failure to present or presenting expired or insufficiently valid identification and/or health documents (identity card, passport, visas, vaccination certificate, etc.) or non-compliance with the prescribed formalities at customs or check-in,
- Failure to check-in (including delays in boarding),
- Unforeseeable and insurmountable incidents or events caused by a third party not related to the Local Agency, such as wars, political unrest, administrative authority orders, strikes unrelated to the Local Agency, technical incidents not related to the Local Agency, airspace congestion, bad weather, delays (including delays in the delivery of documents for the transmission of travel documents), breakdowns, loss or theft of luggage or other personal effects.
- Delays, possible cancellations, or changes in itinerary due to the events mentioned above cannot lead to any compensation, including due to changes in the duration of the originally planned program or delays in connecting flights. Any additional costs incurred due to disruptions (taxes, hotel, parking, etc.) will be borne by the Client.
- The quality of infrastructure, telecommunications equipment, and medical evacuation services the Client may encounter during their stay.
- The quality of medical care and services available locally, the possible absence of a doctor or medical professional, and the unavailability of certain medications.
The Local Agency reserves the right to modify the dates, times, or itineraries if the Client’s safety cannot be ensured.
XI. Data Protection
Requests for information and registrations are processed electronically.
Certain information must be provided to the Local Agency during registration and/or quote requests. These are marked with an asterisk and must be provided; otherwise, the requests cannot be processed. Other requested information is optional. Nomadays and the Local Agency inform the Client that, to carry out the travel services, the Client's data will be communicated to the Local Agency’s partners, such as service providers (hotels, carriers, etc.).
Additionally, the Client’s data may be used for commercial prospecting purposes by sending promotional or commercial offers from the Local Agency and the Nomadays collective, in accordance with the law.
While browsing the Local Agency's website, temporary cookies are placed on the user’s computer to allow them to view and make orders on the site. To disable cookies, the user should consult their browser's settings. Disabling cookies may prevent access to the site.
In accordance with the French Data Protection Law No. 78-17 of January 6, 1978, any user of the site has the right to access, object to, modify, rectify, and delete personal data concerning them. These rights can be exercised by mail sent to:
Nomadays Customer Relations Service
10 Allée Jean Bringer
34260 Le Bousquet d'Orb
XII. Complaints
As a direct consequence of our membership in the Nomadays collective of local agencies, any complaint regarding your trip must be addressed to the Nomadays Customer Service by any means allowing for acknowledgment of receipt, as soon as possible after your return, along with all supporting documents.
By mail: Nomadays Customer Relations Service
10 Allée Jean Bringer
34260 Le Bousquet d'Orb
By email at: [email protected]
After contacting Nomadays Customer Service and if no satisfactory response is received within a maximum of 60 days, the Client may contact the Tourism and Travel Mediator at the following address: MTV Médiation Tourisme Voyage -- BP 80 303 -- 75 823 Paris Cedex 17.
All procedures for filing a complaint are detailed on their website: www.mtv.travel