General terms of sale
In accordance with Article R211-12 of the French Code du tourisme, holiday brochures and contracts offered by travel agents to their customers must include the following terms and conditions in full (taken from Articles R211-3 to R211- 11 of the Code du tourisme).
Article R211-3: Subject to the exceptions provided for in paragraphs 3 and 4 of Article L. 211-7, any offer or sale of travel or holiday services must be accompanied by the appropriate documents in accordance with the rules set out in this section. Separate invoicing for the various elements that make up a holiday purchase does not dispense the vendor from its obligations under the regulatory provisions contained herein.
Article R211-3-1: The exchange of pre-contractual information and the communication of contractual conditions must be done in writing. This can be done electronically in respect of the conditions outlining the validity and exercise of this procedure, as contained in Articles 1369-1 to 1369-11 of the French Code civil. The name or company name and the address of the vendor, as well as its commercial registry number, are to be indicated, as provided for in section a) of Article L. 141-3. Alternatively, where applicable, the name, address and registry details of the grouping or union are to be indicated, as laid out in Article R. 211-2.
Article R211-4: Prior to the signing of the contract, the vendor must provide the purchaser with information about the prices, dates and other elements that make up the service provided during the journey or stay. These include:
1º The destination and the means, nature and categories of transport used;
2º The type of accommodation, its location, its level of comfort and main characteristics, its accreditation and tourist ratings in accordance with the regulations or practices in the host country;
3º The catering services provided;
4º A description of the itinerary where the journey involves several stages;
5º The administrative and health procedures to be carried out by nationals of another European Union member State or a State that is party to the European Economic Area Agreement, especially in relation to border crossings, and the time required for such procedures;
6º The tours, excursions and other services either included in the package or available for an additional charge;
7º The minimum or maximum group size required to make the journey or stay possible, and where a minimum number of participants is required, the date by which the purchaser must be informed of any cancellation; this date cannot be set at less than twenty-one days prior to the departure;
8º The amount or percentage of the price to be paid as a deposit upon the signing of the contract, as well as the timetable for the payment of the remainder;
9º The methods for revising prices as laid out in the contract, in accordance with Article R. 211-8;
10º The conditions for contractual cancellations;
11º The conditions for cancellations as defined in Articles R. 211-9, R. 211- 10 and R. 211-11;
12º Information concerning an optional insurance policy to cover the consequences of certain types of cancellation or an assistance policy to cover certain specific risks, in particular repatriation costs in the event of an accident or illness;
Article R211-5: The vendor is bound by any information it gives to the purchaser prior to the purchase, except where this information expressly stipulates the vendor's right to modify certain elements therein. In such cases, the vendor must clearly indicate the way in which such modifications can be made and the elements which they can affect.
In any event, modifications made to information initially provided must be communicated to the purchaser in writing prior to the signing of the contract.
Article R211-6: The contract between the vendor and the purchaser must be in writing, produced in duplicate (with one copy going to the purchaser) and signed by both parties. Where a contract is concluded electronically, Articles 1369-1 to 1369-11 of the Code Civil apply. The contract must include the following clauses:
1º The name and address of the vendor, its guarantor and its insurer, as well as the name and address of the tour organiser;
2º The travel destination(s) and, where the stay consists in stages, the different periods and corresponding dates;
3º The means, nature and categories of transport used, as well as the dates, times and locations of the outward and return journeys;
4º The type of accommodation, its location, level of comfort, main characteristics and tourist ratings in accordance with the regulations or practices in the host country;
5º The catering services provided;
6º The itinerary, where the journey involves several stages;
7º The tours, excursions and other services included in the overall price of the journey or stay;
8º The overall price of the services invoiced, as well as an indication of any revision of this price under the terms of Article R. 211-8;
9º An indication, where applicable, of any charges or taxes associated with certain services, such as a landing tax, arrival tax or boarding tax in ports and airports, or a holiday tax where it is not included in the price of the service(s) provided;
10º The timetable and methods of payment; the final payment made by the purchaser cannot be less than 30% of the price paid for the journey or stay and must be made when documents are provided that ensure the journey or stay will go ahead;
11º The specific conditions requested by the purchaser and accepted by the vendor;
12º The procedures by which the purchaser can make a claim against the vendor for failure to execute or for inadequate execution of the contract; such claims must be made as quickly as possible, by registered letter with notification of receipt sent to the vendor, and where applicable indicated in writing to the tour organiser and relevant service provider;
13º The date by which the consumer must be informed by the vendor of the cancellation of the journey or stay where these can only take place with a minimum number of participants, in accordance with the provisions contained in paragraph 7 of Article R. 211-4;
14º The conditions for contractual cancellations;
15º The conditions for cancellations as provided for in Articles R. 211-9, R. 211-10 and R. 211-11;
16º Details of the risks covered and the amount of the guarantees provided under the terms of the insurance policy in relation to the consequences of the vendor's civil and professional liability;
17º Details of the insurance policy taken out by the purchaser to cover the consequences of certain cancellation types (policy number & name of insurer), as well as the details of the assistance policy covering certain specific risks, in particular repatriation costs in the event of an accident or illness; in such cases, the vendor must provide the purchaser with a document outlining at least the risks that are covered and those not included;
18º The date by which the vendor must be informed of the purchaser's decision to transfer the contract;
19º A commitment by the vendor to provide the purchaser, in writing, with the following information at least ten days ahead of the agreed departure date:
The name, address and telephone number of the vendor's local representative or, failing that, the names, addresses and telephone numbers of local organisations capable of assisting the purchaser in the event of difficulties arising or, failing that, a telephone number where the vendor can be reached in case of emergency;
20° A clause providing for termination of the contract and reimbursement of all monies paid by the purchaser where there is failure to respect the mandatory provision of information stipulated in paragraph 13 of Article R. 211-4.
21° A commitment to provide the purchaser with the departure and arrival times, with adequate notice ahead of the journey or stay.
Article R211-7: As long as the contract has yet to come into effect, the purchaser can transfer it to an assignee, who must meet the same conditions in respect of the journey or stay.
Except where expressly stipulated, the assignor is required to inform the vendor of its decision by registered letter with notification of receipt no later than seven days before the beginning of the journey, fifteen days in the case of holiday cruises. Prior authorisation from the vendor is in no way required for such transfers.
Article R211-8: Where the contract includes the express possibility to revise the price, in respect of the provisions contained in Article L. 211-12, it must stipulate the precise methods for calculating any price variation, whether in terms of an increase or decrease, and in particular the amount of associated transport charges and taxes, the currency or currencies that may have an impact on the price of the journey or stay, the portion of the price to which the variation applies, and the currency rate(s) being used to establishing the price that appears in the contract.
Article R211-9: Where, prior to the departure of the purchaser, the vendor is forced to modify one of the core elements of the contract, such as a significant price increase, and disregards the obligation to inform the purchaser as stipulated in paragraph 13 of Article R. 211-4, the purchaser, without affecting its right to seek damages, and having been informed of the modification by the vendor using any means whereby receipt of this information can be verified, can take the following action:
- either terminate the contract and receive an immediate and complete reimbursement of all monies paid;
- or accept the modification or substitute package proposed by the vendor; in this case an additional clause stipulating the changes must be signed by both parties; a price decrease is to be deducted from any monies still owed by the purchaser or, if the payment already made by the purchaser exceeds the price of the modified service, the excess amount is to be returned to the purchaser prior to departure.
Article R211-10: In the circumstances provided for in Article L. 211-14, where prior to the purchaser's departure the vendor cancels the journey or stay, the latter must inform the purchaser using any means whereby receipt of this information can be verified; the purchaser, without affecting its right to seek damages, then secures an immediate and complete reimbursement of all monies paid; and in this case the purchaser also receives compensation that is at least equal to the penalty that would have been due if the cancellation had been made by the purchaser on the same date.
The provisions of this article in no way prevent the parties from reaching an amicable agreement whereby the purchaser accepts the substitute journey or stay proposed by the vendor.
Article R211-11: Where, following the purchaser's departure, the vendor is unable to provide a significant proportion of the services outlined in the contract, and where this represents a non-negligible percentage of the price paid by the purchaser, the vendor must immediately take the following steps, without affecting the right of either party to claim damages:
- either offer replacement services in lieu of the agreed services, covering any additional costs involved, and, where the services accepted by the purchaser are of an inferior quality, reimburse the price difference upon the purchaser's return;
- or, where the vendor cannot offer any replacement services or where they are refused by the purchaser for valid reasons, provide the purchaser, at no extra cost, with the means to return to the departure location or any other location accepted by both parties in conditions deemed to be equivalent to those of the originally planned journey.
The provisions of this article are applicable where there is a failure to respect the obligation stipulated in paragraph 13 of Article R.211-4.
Article R211-13: The purchaser may no longer invoke the provisions of paragraph 20 of Article R. 211-6 once the service has been provided.
Specific terms of sale for mmv Hotel Clubs and mmv Residence Clubs****
The conditions under which activities relating to the organisation or sale of travel and holiday services must be carried out are determined by Articles R 211-5 to R 211-13 of the French Code du tourisme.
I. BROCHURE: The programme descriptions and price tables are an indication of the services included in the proposed package prices. The prices do not include personal expenditure. These prices vary according to the duration of the stay and in some cases the number of participants. The figures shown in the price tables are established on the basis of the economic conditions at the time of publication. If these conditions should change, in particular those relating to legal or regulatory taxes, the organisers reserve the right to modify the sale prices. A breakdown explaining any changes will be provided to the customer where the increase exceeds 5% of the overall cost of the stay. The prices in this brochure were established on 25/02/2011 in accordance with the cost of the various services available on that date. It follows that any change in economic conditions are likely to result in a price change.
For stays in mmv Residence Clubs****, we provide a general description and the layout of our apartments by way of indication only. All photos included in the brochure are intended to depict the atmosphere and are non-binding.
Similarly, we are in no way liable for the information relating to cultural or sporting activities given to us by the tourist offices in the resorts concerned.
II. CONDITIONS OF ACCOMMODATION and RECEPTION in mmv Hotel Clubs and Residence Clubs****:
Smoking is not permitted in any of our establishments.
THE OPENING DATES for the season are indicated on the page displaying our rates.
a. In our HOTEL CLUBS, "WEEK-LONG" STAYS with full board refer to the following:
7 days/7 nights: from the day of arrival at dinner time (rooms available from 6 pm) to the day of departure at breakfast time (rooms vacated by 9 am).
ARRIVAL TIMES: Customers cannot access the premises before 7:30 am so as not to disturb those residents already present.
ROOMS do not systematically include double beds. Rooms for four persons are usually made up of two bunk beds and two single beds or one double bed.
SERVICES: Customers are advised to refer to the description of services for the relevant establishment. For details of the services provided, refer to pages 74 and 76 of the winter 2012 brochure. The services chosen must be made clear at the time of your reservation; your choice cannot be modified during the stay.
b. For holiday rentals in mmv RESIDENCE CLUBS****:
Keys will not be provided before 5 pm on the day of your arrival. They are to be returned before 10 am on the day of your departure. Where this is not possible or where you arrive late, you must inform the Residence so as best to organise your arrival outside reception hours.
INVENTORY/APPRAISAL: Apartments are fully equipped with tableware, cutlery, bedding, sheets and household linen. It is possible that we will be unable to carry out the inventory/appraisal of your accommodation in your presence. In any case, an inventory/appraisal document will be provided upon your arrival.
When you take up your accommodation, it is essential that you take responsibility for the correct and appropriate usage of all household and sanitary appliances.
You are responsible for informing the on-site manager of any problem or irregularity.
On the day of your departure, the accommodation must be returned in a clean state and an inventory/appraisal must be carried out.
It is stipulated that in the event that your accommodation has not been cleaned and/or the kitchen has not been tidied and/or cleaned at the time of check-out, we will be obliged to invoice you for a cleaning supplement of 40 euros.
You are reminded that the description of your accommodation stipulates the maximum number of occupants for each type of accommodation and also that for security reasons your chosen accommodation can under no circumstances be occupied by more than the number of persons indicated in your booking.
IN-HOUSE RULES: In order to ensure your holiday goes smoothly, we have posted a set of in-house rules at reception which we kindly ask you to take note of and observe.
c. WELLNESS AND SPA FACILITIES (reserved for guests over the age of 18):
This service depends on the individual establishment. To ensure good hygiene and for your own safety, it is subject to a specific set of rules. Access to the Wellness and Spa facilities must be reserved. Failure to respect the rules governing the Wellness and Spa facilities may result in guests being denied access to these facilities. Swimming costumes must be worn at all times and it is highly recommended to wear non-slip sandals. Mobile telephones are not permitted.
d. CHILDREN'S CLUBS:
In our Hotel Clubs, free access to the TEEN CLUB is reserved for guests who have booked stays of at least one week with full board. Free access to the JUNIOR CLUB is offered for all types of stay (subject to availability). Access to the TODDLERS' CLUB is subject to a charge and is limited to the number of available places in the Hotel Club. Priority is given to those who have reserved in advance.
In mmv Residence Clubs****, access to the JUNIOR CLUB may be proposed but is subject to a charge and must be booked at the same time as your stay. Except where children are expressly under the care of our staff, they remain the full responsibility of parents. For their own safety, children with food allergies must be accompanied by their parents during meals and afternoon snacks.
Pets are not permitted in our Hotel Clubs.
Pets are accepted in mmv Residence Clubs****, but are limited to one animal per unit of accommodation. An additional charge is incurred for each animal, per day or per week, payable either when you make your booking or when you arrive (animals must be marked, vaccinated and travel with their health and immunisation record). Pets on a lead are allowed in common areas but are not permitted near the swimming pools. Owners are responsible for their pets' proper conduct and cleanliness. We reserve the right to refuse and/or expel dangerous or aggressive animals or those that more generally interrupt the smooth running of the residence.
THE PRICE TABLES displayed on our rates pages are an indication of the services included in the proposed prices. These prices were established in euros on 25/02/2011 in accordance with the hotel rates and economic conditions in France at that time; they relate to stays in Residence Clubs inclusive of all taxes (except holiday tax) and include accommodation + charges (water, electricity, heating). Any change in these economic conditions is therefore likely to result in a price change.
Our Special Offers are subject to conditions that cannot be combined or applied retroactively, are subject to availability and are valid only for the destinations and periods indicated. In order to take up some of the Special Offers displayed in this brochure, you must use the correct promotional code when making your booking (e.g., ENFANTS for the "Children Stay Free" offer).
THE SERVICES SELECTED at the time of your booking must be paid for in full. Services that are not taken up are not subject to any reimbursement.
HOLIDAY TAXES collected on behalf of the local municipality are not included in our rates and must be paid on site.
DEPOSIT OR GUARANTEE for holiday rentals: You will be required to pay a deposit of 300 to 500 euros upon arrival, depending on accommodation and furnishing types. This will be returned at the end of your stay, once any replacement or cleaning charges and/or any other additional services not yet paid for have been deducted. Customers will be invoiced for any lost keys and are responsible for any item that is broken or deteriorated and any damage caused to equipment or furnishings in the residence. Where the deposit proves insufficient, you will be asked to pay any monies outstanding.
CHILDREN'S RATES in our Hotel Clubs
Children's rates and offers of free accommodation for children only apply to those sharing a room with 2 persons who have paid the adult rate; this is limited to 2 children per room. The children's rate is based on the age of the child on the day of your arrival.
If you have a child whose stay was not invoiced ("Free accommodation"), any additional services taken up must be paid for on site.
For "single-parent" bookings, the child subject to the adult rate benefits from a special discount of 15% to 25% off the full board adult rate.
IV. BOOKING FEES:
Booking fees are mandatory and must be paid in full when making your reservation. For stays of 5 nights or more: €25 per booking; €15 for stays of up to 4 nights (a booking cannot be for more than 15 people).
V. TERMS OF PAYMENT:
A deposit of 30% must be paid upon booking. The balance is to be paid no later than ONE MONTH BEFORE YOUR ARRIVAL DATE (this cannot be refunded). Bookings made less than one month before the beginning of your stay must be paid for in full. mmv reserves the right to sell on bookings that have not been paid for in full by the required dates and can do so without notice; in such cases the appropriate general cancellation terms shall apply. Where the payment deadlines have not been respected, a minimum charge of 80 euros is incurred for each booking.
So as not to endure the consequences throughout the journey or stay, and in accordance with Article 5 of European Council Directive 90-314 of 13 June 1990: "The consumer must communicate any failure in the performance of a contract which he perceives [...] at the earliest opportunity". Customers must address their claim on the spot to the person or business responsible for the accommodation, the courier or the local representative and/or obtain from them proof that the service concerned has not been provided. Where this is not done, we cannot guarantee a favourable outcome for claims made after the customer's return. Where a dispute has not been settled on the spot, the claim must be addressed to mmv, 51 avenue France d'Outremer, BP 39 06701 SAINT LAURENT DU VAR, FRANCE and be accompanied by all necessary original documents; this is to be done by registered letter as soon as the customer returns. Given that the contract of sale is signed on an individual basis, all claims must be made individually and not collectively no later than eight days following the end of the services concerned. The elapsed time before a response is provided can vary depending on the duration of the enquiry in relation to the service providers.
VII. TERMS OF MODIFICATIONS:
1) For reasons beyond its control or because of a force majeure, mmv may cancel some or all of the agreed services or alter a stay. Where this happens, various solutions will be proposed to relocate the customer in another resort and offer equivalent facilities. Where no such relocation solution is available, mmv shall no longer be considered liable once it has refunded all corresponding monies paid, as well as monies paid for services that required a prepayment (e.g. transport); this does not affect the customer's right to claim for damages.
2) As long as the contract has yet to come into effect, the purchaser can transfer it to an assignee, who must meet the same conditions in respect of the journey or stay. Except where expressly stipulated, the assignor is required to inform the vendor of its decision by registered letter with notification of receipt no later than seven days before the beginning of the journey. Prior authorisation from the vendor is in no way required for such transfers.
3) Where a subsequent modification (e.g. to services required or guest numbers) is made by the purchaser to the initial booking, a fee of 10 euros per modification will be charged.
4) In the case of bookings confirmed online via mmv's automatic booking service, Résa Web, all subsequent modifications will cancel the offer of a dispensation from booking fees.
VIII. CANCELLATION FEES:
"Cancellation" refers to the following: straightforward cancellation of the stay or any modification relating to the date or location of the stay, as well as a decrease in the number of guests booked or apartments rented, depending on the package chosen. The cancellation fees to be paid will always be those indicated in the table opposite, for all offers in the catalogue. This table also applies to the cancellation of additional services.
|TABLE OF CANCELLATION FEES OPERATED BY MMV AND REFUNDS WHERE APPLICABLE|
|Cancellation date||Payment to mmv (1)||Refund under Horizon Pack|
|More than 60 days before beginning of stay||cancellation fee of €80||Full refund except booking fee, HORIZON PACK and AXA Assistance excess of 40 euros |
|Between 60 and 45 days before beginning of stay||30% of price of stay|
|Between 45 and 31 days||50% of price of stay|
|Between 30 and 16 days||70% of price of stay|
|Between 15 and 2 days||100% of price of stay|
Day before stay, no show, cancellation mid-stay or early departure
|100% of price of stay|
IX. LIABILITY - INSURANCE:
mmv has taken out a civil liability insurance policy that is suitable for hotels. However, customers are advised to take out personal insurance to cover such liability. In the event of loss or theft of personal effects or damage caused to third parties within its holiday establishments, mmv shall not be liable beyond the scope of the relevant statutory provisions.
X. HORIZON PACK - INSURANCE/ASSISTANCE:
For your safety, mmv has negotiated an insurance/assistance policy with AXA. This includes the following guarantees:
a stay cancellation guarantee covering ALL JUSTIFIED CAUSES (excess of €40); a stay interruption guarantee (including any on-site services not used) based on a pro rata calculation of the time remaining; an assistance guarantee (including medical repatriation in the event of illness or serious accident, repatriation of remains in the event of death, medical costs and hospital care on site, and search and rescue costs in the case of mountain stays). The general terms of the policy will be sent to you when your subscription is confirmed (also available at mmv.fr). You can take up this option when making your booking. The insurance guarantees are valid before, during and after your stay, but do not apply to the outward/return journeys or road accidents. Policies are taken out on an individual basis.
|Stays of||< 5 nights||5-7 nights|
|Residence Clubs ****mmv||€35/apt.||€59/apt.|
|Hotel Club mmv||Free/Children under 2||Free/Children under 2|
|€10/Children from age 2 to 11||€16/ Children from age 2 to 11 |
WHAT TO DO IF YOU MUST CANCEL YOUR STAY
You or a member of your family must inform mmv of the cancellation by post as soon as the event preventing your departure (and which is covered by the policy) occurs. Having informed mmv of the cancellation, you have 5 working days in which to inform AXA ASSISTANCE by registered letter with notification of receipt. This letter must include the following information: your surname, first name, address, mmv policy number, and the exact reason for your cancellation. Once it has received your letter, AXA ASSISTANCE will immediately refund your cancellation fees and send you a form to fill out. Along with the excess of €40, booking fees, visa fees and the insurance premium will not be refunded.
IF YOU MUST INTERRUPT YOUR STAY:
Where an urgent incident requires the intervention of AXA, our on-site staff (or you personally) will phone AXA Assistance to initiate the request. Where medical repatriation is necessary, AXA Assistance will refund your stay based on a pro rata calculation of the time remaining. You will also receive a refund of any on-site services (purchased when the policy was taken out) not used, again based on a pro rata calculation of the time remaining. You must secure authorisation from the insurer before undertaking any action and/or committing to any expense.
YOU ALSO RECEIVE ASSISTANCE DURING YOUR STAY
If you are in an accident, AXA will provide you with medical repatriation, transfer to a hospital or your home, as well as return transport for members of your family. If you are hospitalised for more than 5 days following an accident, AXA will provide for a loved one to travel to the hospital. If, following repatriation, you are confined to your home for more than 5 days, domestic assistance will be provided. If you are hospitalised following an accident, AXA will refund your medical costs (on top of any health plan you may have) up to a maximum of €2,290.
XII - OPT-OUT CLAUSE:
It is hereby pointed out that activities associated with the organisation and sale of travel or stays for specific dates or periods are not subject to the 7-day cooling-off period that applies to distance selling.
XIII - DATA PROTECTION AND CIVIL LIBERTIES:
In accordance with French statute no. 78 dated 6/01/1978, customers are entitled to write to mmv, 51 avenue France d'Outremer, BP 39 06701 SAINT LAURENT DU VAR, FRANCE in order to gain individual access to and rectify any nominative data concerning them which has been recorded when processing their booking. This data is exclusively for internal company use.
Mer Montagne Vacances
A public limited company with a capital of €1,001,300 whose head office is located at 51, avenue France d'Outremer - B.P. 39 - 06701 SAINT LAURENT DU VAR CEDEX, FRANCE and which is registered in Antibes under number B 410 964 027 (97B 128) - IM 006100085.
Financial guarantees provided by APS*, 15 avenue Carnot 75017 PARIS, FRANCE
Civil liability insurance provided by AXA France IARD, 1 Place Victorien Sardou - 78161 MARLY LE ROI CEDEX, FRANCE - Amount of guarantee: €2,161,423 per year
Information and booking at mmv.fr or by phone on +33 (0)4 92 12 62 12
mmv also offers
The beach Mountain summer Business stays all year round retreats mmv-resort-spa-cannes.fr mmv.fr mmv-business-club.fr
Information and bookings: mmv.fr
+33 (0)1 45 77 52 62
mmv - 51 av. France d'Outremer - BP 39 - 06701 Saint-Laurent-du-Var - Fax: +33 (0)4 92 12 62 20
VB.LO - Mer Montagne Vacances - public limited company with a capital of €1,001,300 - 51, avenue France d'Outremer - B.P. 39 - 06701 SAINT LAURENT DU VAR CEDEX, FRANCE
Registered in Antibes under number B 410 964 027 (97B 128) - IM 006100085 - Design, publication: - Photo credits: Fotolia, Jupiterimages, iStockphoto, Philippe Giraud, Manu Reyboz, Stephane Barbato, NPS, and all tourist offices in the resorts presented in this brochure - Images not binding