Détours MadagascarBy Nomadays
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Terms and Conditions of Sale

NOMADAYS GENERAL TERMS AND CONDITIONS OF SALE

Applicable to travel marketed on the website www.detoursmadagascar.com

ARTICLE 1 — IDENTITY OF NOMADAYS

The travel arrangements offered on this website are marketed by:

NOMADAYS SAS
RCS Béziers (Trade and Companies Register): 837904267

Registered office:
10 Allée Jean Bringer, 34260 Le Bousquet d'Orb, France

Atout France registration: IM034190008

Financial guarantee: APST - 89 rue La Boétie, 75008 Paris, France

Professional civil liability insurance: HISCOX - Contrat HA RCP0303866, couverture 1 500 000 €

Email: service.clientele@nomadays.com
Website: www.nomadays.fr

ARTICLE 2 — PURPOSE OF THESE TERMS AND CONDITIONS

These General Terms and Conditions of Sale (GTCS) define the general framework applicable to travel marketed by Nomadays.

Each booking is also governed by:

  • the quotation validated by the traveller;
  • the confirmed travel programme;
  • the Specific Terms and Conditions of Sale (STCS) applicable to the travel concerned;
  • these General Terms and Conditions of Sale.

In the event of contradiction, the Specific Terms and Conditions of Sale shall prevail over these General Terms and Conditions of Sale.

ARTICLE 3 — PRE-CONTRACTUAL INFORMATION

Prior to the conclusion of the contract, the traveller shall receive the pre-contractual information required under Articles L.211-8 et seq. of the Code du tourisme (French Tourism Code), in particular the standardised information form relating to the rights applicable to package travel, the main features of the services, the price and payment terms, and the cancellation conditions.

This information forms an integral part of the contract and may only be amended under the conditions provided for herein and by the applicable regulations.

ARTICLE 4 — TRAVEL ORGANISATION MODEL

Nomadays markets travel arrangements designed in collaboration with local partner agencies specialising in their destination.

Within this framework:

  • Nomadays is responsible in particular for the marketing of the travel, the contracting with travellers, the collection of payments, the administrative management of files and the coordination of the customer relationship;
  • the local partner agency is responsible for the design of the travel, its operational organisation, local bookings, the performance of the services at the destination and the assistance of travellers during their stay.

The identity of the local agency applicable to each travel arrangement is specified in the contractual documents provided to the traveller.

ARTICLE 5 — FORMATION OF THE CONTRACT

The travel contract is deemed concluded when:

  • the traveller validates the proposed quotation;
  • the traveller accepts the applicable Specific Terms and Conditions of Sale;
  • the payment requested at the time of booking is actually received.

The contract comprises the validated quotation, the confirmed programme, the Specific Terms and Conditions of Sale and these General Terms and Conditions of Sale. The contractual documents are archived in the traveller's customer account.

ARTICLE 6 — PRICE

The prices displayed or communicated are expressed in the currency indicated on the quotation. They are established in particular on the basis of local economic conditions, availability at the time of booking, the cost of the services, the applicable taxes and duties, and exchange rates.

The applicable contractual price is that appearing on the quotation validated by the traveller.

In accordance with the profit margin scheme for travel agencies (Article 266-1-e of the Code général des impôts, the French General Tax Code), the applicable value added tax is calculated on the margin for services performed within the European Union. Services performed outside the European Union are exempt from value added tax (Article 262 bis of the Code général des impôts).

ARTICLE 7 — PRICE REVISION

In accordance with Articles L.211-12 et seq. of the Code du tourisme, the agreed price may be revised, upwards or downwards, to take account of changes in:

  • the cost of transport, related in particular to the price of fuel or other energy sources;
  • the taxes and duties applicable to the services (tourist taxes, embarkation or disembarkation taxes, etc.);
  • the exchange rates applicable to the travel.

No revision may take place within twenty (20) days prior to departure. Where an upward revision exceeds 8% of the total price, the traveller may terminate the contract free of charge or accept the proposed modification, under the conditions provided for by the Code du tourisme.

ARTICLE 8 — PAYMENT

The payment terms applicable to each travel arrangement are specified in the Specific Terms and Conditions of Sale and in the contractual documents of the travel. Payments are made to Nomadays.

Failure to pay a sum due may result in the suspension or cancellation of the services concerned under the conditions provided for in the contractual documents.

ARTICLE 9 — ASSIGNMENT OF THE CONTRACT

In accordance with Article L.211-11 of the Code du tourisme, the traveller may assign the contract to an assignee who meets the same conditions as the traveller to undertake the travel, by informing Nomadays by any means allowing acknowledgement of receipt no later than seven (7) days before the start of the travel.

The assignor and the assignee are jointly and severally liable for the payment of the balance of the price as well as for any additional costs arising from the assignment, the amount of which Nomadays shall justify.

ARTICLE 10 — MODIFICATION AND CANCELLATION BY THE TRAVELLER

The conditions for modification and cancellation at the traveller's initiative applicable to each travel arrangement are set out in the Specific Terms and Conditions of Sale.

These conditions may vary according to the destination, the travel period, the service providers concerned and the nature of the services booked.

ARTICLE 11 — MODIFICATION AND CANCELLATION BY NOMADAYS

Nomadays may have to modify certain elements of the travel before departure. Where the modification concerns an essential feature of the services, the traveller shall be informed as soon as possible and may, depending on the circumstances, accept the modification or terminate the contract under the conditions provided for by the Code du tourisme.

Nomadays may cancel the travel where the minimum number of participants required is not reached, provided that the traveller is informed within the legal time limits, namely no later than twenty (20) days before departure for travel of more than six days, seven (7) days for travel of two to six days, and forty-eight (48) hours for travel of less than two days.

Nomadays may also cancel the travel in the event of exceptional and unavoidable circumstances preventing it from performing the contract. In the cancellation cases referred to in this Article, the traveller shall obtain a full refund of the sums paid, without however being entitled to any additional compensation.

ARTICLE 12 — ADMINISTRATIVE AND HEALTH FORMALITIES

The traveller is solely responsible for completing the administrative, customs and health formalities necessary for the travel (passport, visa, vaccinations, tests, various authorisations), for themselves and for the persons in their care.

The information communicated by Nomadays on this subject is provided for guidance only and is subject to change; it is the traveller's responsibility to verify it with the competent authorities up to the day of departure.

Nomadays cannot be held liable for the consequences of any absence, irregularity or expiry of these documents, in particular a refusal of boarding or entry into a territory, which shall not give rise to any refund.

ARTICLE 13 — TRAVELLER'S OBLIGATIONS AND PERFORMANCE OF THE TRAVEL

The traveller undertakes to communicate in good time all the information necessary for the proper performance of the travel and to comply with the reasonable instructions communicated to them.

In the event of difficulty during the stay, the traveller is invited to contact the local partner agency or Nomadays without delay so that a solution can be sought as soon as possible.

Failure to report a problem that could be remedied on site may be taken into account when examining any complaint.

ARTICLE 14 — LIABILITY

Nomadays is liable for the proper performance of the obligations arising from the travel contract in accordance with the applicable provisions of the Code du tourisme.

However, Nomadays cannot be held liable where the non-performance or improper performance of the contract is attributable to:

  • the traveller;
  • a third party unconnected with the provision of the services stipulated in the contract and of an unforeseeable or unavoidable nature;
  • exceptional and unavoidable circumstances.

The local partner agency remains responsible for the operational performance of the services it organises and provides at the destination.

ARTICLE 15 — LIMITATION OF LIABILITY

Where international conventions or specific rules govern the services concerned, in particular with regard to transport, the compensation due by Nomadays shall be made within the limits and conditions provided for by those texts.

For damage other than personal injury and not resulting from an intentional act or negligence, the compensation that may be due by Nomadays is limited to three times the total price of the travel, in accordance with Article L.211-17-1 of the Code du tourisme.

ARTICLE 16 — INSURANCE

The traveller is invited to verify that they have insurance cover suited to their travel, in particular with regard to assistance and repatriation.

Nomadays offers, depending on the case, the subscription of travel insurance with specialised partners. The choice made by the traveller appears in the contractual documents of the travel. The guarantees, exclusions, ceilings and compensation terms fall exclusively within the scope of the insurance contract subscribed.

ARTICLE 17 — COMPLAINTS

Any difficulty encountered during the travel must be reported as soon as possible to the local partner agency or to Nomadays so that a solution can be sought on site.

Any complaint subsequent to the travel must be sent in writing to Nomadays within thirty (30) days of the return date. Nomadays and the local partner agency shall cooperate in order to examine complaints and seek a suitable solution.

ARTICLE 18 — MEDIATION

After having referred the matter to Nomadays' customer service and in the absence of a satisfactory response within sixty (60) days, the traveller may refer the matter free of charge to the Médiateur du Tourisme et du Voyage (Tourism and Travel Ombudsman): MTV - Médiation Tourisme et Voyage - www.mtv.travel.

ARTICLE 19 — INTELLECTUAL PROPERTY

The quotation, the detailed programme and the documents provided to the traveller are protected under intellectual property law.

Any reproduction, distribution or use for commercial purposes without prior authorisation is prohibited.

ARTICLE 20 — PERSONAL DATA

Travellers' personal data is processed in accordance with the Privacy Policy accessible on the Website.

ARTICLE 21 — APPLICABLE LAW

These General Terms and Conditions of Sale are governed by French law.

Any dispute relating to their interpretation or performance shall be subject to a prior attempt at amicable resolution. Failing an amicable agreement, the competent courts shall be determined in accordance with the applicable rules of law.

This document is a translation of the French original, provided for convenience. In the event of any discrepancy, the French version shall prevail.