In accordance with articles L211-8 and L211-18 of the tourism code, the provisions of articles R211-5 to R211-13 of the tourism code, as reproduced in the text below, are not applicable to booking or sales operations relating to travel tickets which are not part of a tourist package. The brochure, quote, proposal and organiser's programme shall be contractual upon signing the registration form.
In the absence of a brochure, quote, programme or proposal, before the user signs this document, it shall constitute prior information, as stated in article R211-7 of the tourism code. It shall be null and void if not signed within 24 hours from the time of issue.
In the event of assignment of the contract, the assignor and/or assignee are bound to pay the resulting fees beforehand. Where these fees exceed the sums displayed at the sales outlet and those stated in the contractual documents, documentary evidence shall be provided.
Vivre le Japon has taken out an insurance contract with HISCOX 19 rue Louis le Grand 75002 Paris, guaranteeing its professional civil liability up to 3 800 000 Euros.
Article L211-7
Amended by LAW no. 2009-888 of 22 July 2009 - art. 1
This section applies to the operations and activities listed in article L. 211-1, in the last paragraph of article L. 211-3 and article L. 211-4.
However, it only applies to the following operations where these take place as part of a tourist package as defined in article L. 211-2 :
a) Booking and sale of air travel tickets or other regular service travel tickets;
b) Seasonal furnished lets, which are governed by the aforementioned law no. 70-9 of 2 January 1970 and by the texts taken for its application.
Article L211-8
Amended by LAW no. 2009-888 of 22 July 2009 - art. 1
The seller shall inform the interested parties, in writing prior to concluding the contract, of the content of the services offered in relation to the provision of transport and the break, the price and payment terms, the contract cancellation terms and the border crossing terms.
Article L211-9
Amended by LAW no. 2009-888 of 22 July 2009 - art. 1
The seller is bound by the prior information requirement set out in article L. 211-8, unless changes to this information have been made in writing and are brought to the knowledge of the interested parties before concluding the contract.
Changes may only be made to the prior information if the seller expressly reserves the right to do this.
Article L211-10
Amended by LAW no. 2009-888 of 22 July 2009 - art. 1
The contract concluded between the seller and the buyer must include, in accordance with the terms set by regulation, all information on the names and addresses of the organiser, the seller, the guarantor and the insurer, the description of the services provided, the reciprocal rights and obligations of the parties, particularly in terms of prices, schedules, payment terms and possible price changes, cancellation or assignment of the contract, and information provided to the buyer before the start of the trip or stay.
Article L211-11
Amended by LAW no. 2009-888 of 22 July 2009 - art. 1
The buyer may assign their contract, after having informed the seller within a time period set by regulation before the start of the trip or stay, to a person meeting all the conditions required for the trip or stay. The assignor and assignee are jointly responsible towards the seller for payment of the balance of the price, as well as any additional fees resulting from this assignment.
Article L211-12
Amended by LAW no. 2009-888 of 22 July 2009 - art. 1
The prices set out in the contract may not be revised, unless the contract expressly makes provision for the possibility of a revision, either increase or decrease, and determines the precise methods of calculation, solely to take account of variations:
a) In the cost of transport, in particular linked to the cost of fuel;
b) Charges and taxes relating to the services offered, such as landing, boarding or disembarkment taxes at ports and airports;
c) Exchange rates applied to the trip or stay in question.
During the thirty days preceding the planned departure date, the price set in the contract may not be increased.
Article L211-13
Amended by LAW no. 2009-888 of 22 July 2009 - art. 1
If, before departure, the seller is unable to comply with one of the essential terms of the contract due to an external event beyond their control, they must alert the buyer as soon as possible and inform them of their right to either terminate the contract, or accept the amendment proposed by the seller.
This notice and information must be confirmed in writing to the buyer, who must state their choice as soon as possible. If they terminate the contract, the buyer is entitled to a full refund of the sums they have paid, without incurring any penalties or fees.
This article shall also apply in the event of a significant change to the price in the contract implemented in accordance with the terms set out in article L. 211-12.
Article L211-14
Amended by LAW no. 2009-888 of 22 July 2009 - art. 1
If, before departure, the seller terminates the contract in the absence of any fault on the part of the buyer, all sums paid by the latter shall be returned to them, without prejudice to any damages that may be claimed by them.
Article L211-15
Amended by LAW no. 2009-888 of 22 July 2009 - art. 1
If, after departure, one of the essential terms of the contract cannot be met, the seller must offer the buyer services as a replacement for those which they have not supplied, except where this can be proven to be impossible.
The seller shall cover any resulting price supplements or shall refund the difference in price between the services planned and the services supplied.
If the buyer does not accept the proposed change, the seller must provide them with the travel tickets they need for their return journey, without prejudice to any damages that may be claimed by them.
The Japan Rail Pass exchange voucher issued by Vivre le Japon is refundable up to one year after its date of issue. The fees deducted are 10% of the total cost of the tickets. Ticket postage costs are not refundable.