The General Terms and Conditions of Sale can also be downloaded via this link.
TERRA GAIA is a brand of the Togezer company.
TOGEZER, a simplified joint-stock company registered with the RCS of Marseille under number 819 330 796, whose head office is at 46 avenue Paul Dalbret - 13013 Marseille.
Phone:+33 4 65 84 99 04
E-mail address: bonjour@terra-gaia.voyage
Legal representative: Thomas LOUBERT, Chairman
Registration with the register of travel and holiday operators: IM013230017
Financial guarantor: APST - 15 avenue Carnot - 75017 Paris
Professional liability insurer: Hiscox - Tourisme Pro, 12, quai des Queyries - CS 41177 - 33072 Bordeaux, France
Sales website address: https://www.terra-gaia.voyage
Hereinafter referred to as "Terra Gaïa
The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the marketing by Terra Gaïa of tourist services provided directly by the entity or by partner service providers, to persons who are consumers or non-professionals within the meaning of the French Consumer Code or travelers within the meaning of the French Tourism Code and who have the legal capacity to contract (hereinafter referred to as "the Customer(s) ").
Customer: a natural person who is a consumer or non-professional within the meaning of the French Consumer Code, or a traveller within the meaning of the French Tourism Code, who contracts with Terra Gaïa under these general terms and conditions of sale.
Service: travel service, tourist service or tourist package within the meaning of article L. 211-2 of the French Tourism Code.
These general terms and conditions of sale apply by operation of law to all services sold or offered for sale by Terra Gaïa.
They apply to sales through all distribution and marketing channels.
Any order or purchase implies unreserved acceptance of these general terms and conditions of sale, which take precedence over all other conditions, with the exception of those expressly accepted by Terra Gaïa and appearing on the booking confirmation.
The customer declares that he has read and accepted these terms and conditions of sale before booking and concluding the contract.
Prior to placing an order and/or entering into a contract, the customer acknowledges having been informed, in a legible and comprehensible manner, of the present general and special conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code and article R. 211-4 of the French Tourism Code.
The Customer further acknowledges having been provided with the form taken in application of the decree of March1 2018 " fixing the model information form for the sale of travel and holidays ".
The final price is quoted in dollars (USD) or euros, depending on the destination country and the identity of the local incoming agency, all taxes included (VAT). per person or as a package for groups.
Unless otherwise specified in the contract, the price includes the following: domestic flights, transfers to destination, accommodation, meals (where specified) and any excursions or activities booked. More generally, the price includes the elements set out in the quote and in the booking confirmation.
Unless otherwise specified in the contract, it does not include pre- and post-transportation, international flights, single room supplements, meals not mentioned in the trip description, optional insurance or personal expenses. Nor does it include optional excursions or activities mentioned as such in the quote.
When a customer occupies a room designed to accommodate two people, he/she will be charged a supplement called " single room supplement ", indicated in the price before the order is validated.
The customer guarantees Terra Gaïa that he/she has the necessary authorisation to use the method of payment chosen by him/her when validating the contract. Terra Gaïa reserves the right to suspend any reservation management and any execution of services in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment of any sum due under the contract.
Payments made by the Customer will not be considered final until Terra Gaïa has received the sums due.
The customer has the following means of payment:
a. by credit or debit card (Carte Bleue, Visa, Eurocard/Mastercard),
b. by bank transfer (transfer charges to be borne by the Customer).
Please note: In the case of payment in USD, the Customer undertakes to use a means of payment that enables him to pay in this currency.
Terra Gaïa undertakes to apply the prices in force at the time of booking, but reserves the right to modify its prices unilaterally under the conditions set out in this article.
In accordance with article L. 211-12 of the French Tourism Code, the price may be modified upwards or downwards after the reservation has been validated to take into account changes in :
1° Passenger fares resulting from the cost of fuel or other energy sources;
2° The level of taxes or fees on travel services included in the contract, imposed by a third party not directly involved in the execution of the contract, including tourist taxes, landing taxes or embarkation and disembarkation taxes in ports and airports; or
3° Exchange rates relevant to the contract.
The customer will be notified in a clear and comprehensible manner of any increase in price pursuant to the preceding paragraph, together with a justification and calculation, on a durable medium, no later than twenty days before the start of the services.
Conversely, the Customer is entitled to a price reduction corresponding to any reduction in the costs mentioned in 1°, 2° and 3°, which occurs after the contract has been concluded and before the start of the trip or stay.
In the event of a price reduction, Terra Gaïa is entitled to deduct its actual administrative expenses from the reimbursement due to the Customer. At the Customer's request, Terra Gaïa will provide proof of these administrative expenses.
If the increase exceeds 8% of the total price of the package or travel service, the Customer may accept the proposed change, or request cancellation of the contract without paying cancellation fees and obtain a refund of all payments already made.
Terra Gaïa offers a remote off-line reservation system (by telephone or e-mail). The information on its website is not contractual but for information purposes only.
Terra Gaïa works in collaboration with local receptive operators to guarantee the best possible organization of your stay.
The customer may choose to contact Terra Gaïa or a local Terra Group operator by telephone or e-mail to arrange an initial meeting.
Following this telephone appointment, a quotation together with these GTC will be sent by e-mail to the customer's usual e-mail address. This e-mail will also contain a text to be filled in, which must be returned by e-mail duly completed to confirm the quotation.
This quotation may be modified prior to acceptance according to the customer's needs.
In both cases, payment must be made to Terra Gaïa.
The quotation will be confirmed after Terra Gaïa has received the customer's acceptance by return e-mail, together with a deposit of 30% of the cost of the services and full payment of the price of domestic flights.
To confirm the booking of services, the balance must be paid in accordance with the deadline indicated on the quotation: for packages with ground services (excluding flights): payment of the balance D-45 before departure.
For all bookings made less than 45 days before departure, 100% of the amount is payable at the time of booking.
Following payment, the customer will receive a travel book and travel documents by e-mail.
Article L. 221-28 of the French Consumer Code stipulates that the right of withdrawal may not be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which are to be provided on a specific date or at a specific time. Article L. 221-2 of the French Consumer Code also excludes this option for passenger transport and tourist packages.
Terra Gaïa avails itself of this absence of right of withdrawal and indicates that for all services falling within the scope of article L. 221-28 or L. 221-2 of the French Consumer Code, the Customer will have no right of withdrawal.
Terra Gaïa may unilaterally modify the clauses of the Contract after its conclusion and before the start of the tourist service, without the Customer being able to object, provided that the modification is minor and that the Customer is informed as soon as possible in a clear, comprehensible and visible manner on a durable medium. By way of example, a change of accommodation for equivalent accommodation is a minor modification.
If Terra Gaïa is obliged to unilaterally modify one of the main characteristics of the contract within the meaning of article R. 211-4 of the French Tourism Code, that it cannot meet the particular requirements agreed with the Customer, or in the event of a price increase of more than 8%, it shall inform the Customer as soon as possible, in a clear, comprehensible and apparent manner, on a durable medium: of the proposed modifications and, if applicable, of the repercussions on the price of the trip or stay; of the reasonable deadline within which the Customer must inform Terra Gaïa of the decision he has made; of the consequences of the traveler's failure to reply within the deadline set; if applicable, of the alternative service proposed, as well as its price.
If the modifications to the Contract or the substitute service result in a reduction in the quality or cost of the trip or stay, the traveler is entitled to an appropriate price reduction.
If the contract is terminated and the Customer does not accept another service, Terra Gaïa will reimburse all payments made by the Customer or on the Customer's behalf as soon as possible, but no later than fourteen days after termination of the contract.
No reimbursement will be made for any stay shortened or not used by the customer, or started late by the customer.
Terra Gaïa undertakes to the Customer only in respect of the services sold.
Terra Gaïa cannot be held responsible for :
● any service subscribed to by the Customer other than that invoiced by Terra Gaïa ;
● any modification of the services at the customer's initiative.
Any modification by the Customer must be expressly accepted in writing by Terra Gaïa.
The customer may cancel the contract at any time before the start of the service. For this cancellation to be valid, the customer must inform Terra Gaïa by e-mail.
In this case, Terra Gaïa will ask the Customer to pay cancellation fees and may withhold all or part of the advance payments or the balance already paid, according to the following schedule:
● Cancellation more than 120 days before departure: 10% of the total amount of the reservation will be retained;
● Cancellation 119 to 90 days before departure: 20% of the total amount of the reservation will be retained;
● Cancellation from 89 to 46 days before departure: 30% of the total amount of the reservation will be retained;
● Cancellation 45 to 30 days before departure: 60% of the total amount of the reservation will be retained;
● Cancellation less than 30 days before departure: 100% of the total booking amount will be retained.
This cancellation fee will not be payable if the contract is cancelled as a result of exceptional and unavoidable circumstances occurring at or in the immediate vicinity of the destination and having a significant impact on the performance of the contract. In this case, Terra Gaïa will reimburse all payments made in full, without however incurring any additional compensation.
Air services cannot be reimbursed in any way once Terra Gaïa has purchased the tickets, which are neither modifiable nor exchangeable.
The date of cancellation is the date of receipt by Terra Gaïa of the Customer's request.
Terra Gaïa may terminate the contract at any time prior to the start of the service.
The Customer will be entitled to additional compensation corresponding to that which he would have had to bear if the contract had been terminated through his own fault. However, Terra Gaïa will not be liable for any additional compensation if the contract is terminated in the following two cases:
1) The number of people registered for the trip or holiday is less than the minimum number indicated in the contract. In this case, Terra Gaïa will notify the Customer by e-mail or post of the cancellation of the contract within the period specified in the contract, according to the following schedule
● twenty days before the start of the trip or stay in the case of trips lasting more than six days ;
● seven days before the start of the trip or holiday for trips lasting between two and six days;
● forty-eight hours before the start of the trip or stay for trips lasting no more than two days;
2) Terra Gaïa is prevented from fulfilling the contract due to exceptional and unavoidable circumstances. In this case, Terra Gaïa will notify the traveller of the cancellation of the contract by e-mail or in writing as soon as possible before the start of the trip or holiday.
The customer may assign his contract to a transferee who fulfils the same conditions as he does to benefit from the services, as long as this contract has not produced any effect.
The Customer may only transfer his contract on condition that he informs Terra Gaïa of his decision by any means capable of producing an acknowledgement of receipt no later than seven days before the start of the trip. Under no circumstances is this transfer subject to Terra Gaïa's prior authorization.
The transferring customer and the transferee are jointly and severally liable for payment of the balance of the price and any additional costs that the transfer may generate.
IMPORTANT: Tickets for domestic flights are personal. A transfer may entail reissue costs, and for non-transferable tickets, the cost of the ticket will be borne by the transferring customer or the transferee. Moreover, in the event of late transfer before the start of the holiday, some domestic flights may no longer be available.
The consumer or non-professional customer must notify Terra Gaïa of any defects and/or lack of conformity as soon as possible after the services have been provided, in accordance with article L. 211-16 II of the French Tourism Code. This communication must be made, with supporting documents, preferably as soon as any non-conformities are noted, so that Terra Gaïa can investigate the problem and assess the reality of the alleged defects effectively and remedy them if necessary.
Any defects and/or faults found will give rise to rectification, substitution, price reduction or reimbursement as soon as possible, taking into account the extent of the non-conformity and the value of the travel services concerned.
In the event that Terra Gaïa proposes a replacement service or a price reduction, the traveller may only refuse the other services proposed if they are not comparable to what was provided for in the contract or if the price reduction granted is not appropriate.
Terra Gaïa's guarantee is limited to the reimbursement of services actually paid for by the consumer or non-professional Customer, and Terra Gaïa cannot be held responsible or liable for any delay or non-performance resulting from force majeure or exceptional or unavoidable circumstances.
In accordance with article R 211-6, 4° of the French Tourism Code, the Customer may contact Terra Gaïa rapidly using the contact details given in article 1.1. " Designation of the seller " of these general terms and conditions of sale, in order to communicate effectively with it, request assistance if the Customer is in difficulty or complain about any non-conformity noted during the execution of the trip or stay.
As part of its activity of selling tourist services, Terra Gaïa implements and operates the processing of personal data relating to customers and service recipients.
To this end, Terra Gaïa collects the following personal data: first name, surname, title, postal address, e-mail address, telephone number, date and place of birth, identity document (number and date/place of issue), driving license, family composition and particularities noted in the contract.
The collection of this personal data is essential to the performance of the contract, and in the event of refusal to provide it, the customer will be exposed to difficulties in the performance of the service, for which Terra Gaïa cannot be held responsible.
This personal data is collected for the sole purpose of managing Terra Gaïa's clientele in connection with the conclusion and execution of the contract, on the basis of the customer's consent. It is only used for the purposes to which the customer has consented.
More specifically, the purposes are as follows:
● Identification of persons using and/or booking services
● Formalizing the contractual relationship
● Performance of services booked with Terra Gaïa
● Contract and reservation management (including room allocation, travel management)
● Communication to partners with a view to the provision of services by the partners concerned
● Accounting, including customer account management and customer relationship management
● Processing customer management operations
● Sales communications and prospecting, promotion.
The persons authorized to access the data collected within Terra Gaïa are the following: Terra Gaïa employees and its partners involved in the services requested by the Customer, and where applicable, Terra Gaïa's subcontracted service providers involved in the provision and/or administration of the services and having to intervene in this respect in the processing, it being specified that in such a case, whether they are partners or subcontractors, this is done in compliance with the regulations in force.
The personal data collected is kept for the legal retention period relating to the purpose of the processing, and for a maximum of 5 years.
Personal data relating to the customer's credit card is kept only for as long as is necessary to complete the transaction.
Terra Gaïa implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and Terra Gaïa cannot guarantee the security of the transmission or storage of information on the Internet.
In application of the applicable regulations on personal data, each user has the right to question, access, modify, oppose and rectify, for legitimate reasons, the collection and processing of his or her personal data. It is possible to request that such data be rectified, completed, clarified, updated or deleted.
These rights may be exercised by writing an e-mail to the following address: hello@togezer.travel and enclosing a copy of your identity card with your request.
The customer may lodge a complaint with the CNIL at any time, in accordance with the procedures indicated on its website (https://www.cnil/fr).
Terra Gaïa reserves the right to modify the present personal data protection clause at any time. If a modification is made to the present personal data protection clause, Terra Gaïa undertakes to publish the new version on its site, and will also inform users of the modification by e-mail, at least 15 days before the effective date.
You have the option of registering on the opposition to cold calling list on the following website: https://www.bloctel.gouv.fr/.
These general terms and conditions of sale are written in French. In the event of translation into one or more foreign languages, the French text shall prevail in the event of dispute.
Terra Gaïa is insured against the financial consequences of professional civil liability as set out in articles L. 211-16 and L. 211-17 of the French Tourism Code.
The guarantee also covers damage caused to travellers, service providers or third parties as a result of faults, errors of fact or law, omissions or negligence committed in connection with the offer, organization and sale of Services.
The customer undertakes to hold and keep up to date his civil liability insurance to cover any damage he may cause.
When minors, unaccompanied by a parent or other authorized person, travel on the basis of a contract for tourist services including accommodation, Terra Gaïa must provide information enabling direct contact to be established with the minor or the person responsible for the minor at the minor's place of stay.
Terra Gaïa is fully liable for tourist services contracted under these general terms and conditions of sale.
Terra Gaïa may, however, exonerate itself from all or part of its liability by proving that the damage is attributable either to the Customer, or to a third party not involved in the provision of the travel services included in the contract, or to exceptional and unavoidable circumstances.
Terra Gaïa and the retailer are responsible for the proper execution of all travel services included in the contract in accordance with article L. 211-16 of the French Tourism Code.
In accordance with article L 211-17, IV of the French Tourism Code, the amount of any damages that Terra Gaïa may be ordered to pay to the Customer for any reason whatsoever will be limited to three times the total price of the services, excluding taxes, with the exception of personal injury and damage caused intentionally or through negligence.
Any event that creates a situation beyond the control of either Terra Gaïa or the Customer, the consequences of which could not have been avoided even if all measures had been taken, thus preventing the performance under normal conditions of their obligations, are considered to be grounds for exoneration from the obligations of the parties and lead to their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Terra Gaïa is responsible for the proper performance of the Services stipulated in the contract. In this context, if the Customer encounters difficulties, Terra Gaïa will provide appropriate assistance as soon as possible, having regard to the circumstances of the case.
Terra Gaïa shall be entitled to charge a reasonable price for such assistance if the difficulty is caused intentionally by the traveller or by his negligence. The price charged will not exceed the actual costs incurred by the organizer or retailer.
Despite Terra Gaïa's best efforts, some services are not accessible to people with reduced mobility, such as hikes or certain visits that are difficult to access. We invite you to enquire if you have difficulty moving around.
These terms and conditions are governed by French law. This applies to both substantive and formal rules.
The customer may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The customer may also contact the Médiateur du Tourisme et du Voyage on the following website: https://www.mtv.travel/ or at MTV Médiation tourisme voyage, BP 80 303 - 75 823 Paris Cedex 17 in the event that Terra Gaïa's response to the customer's complaint is deemed insufficient or remains unanswered after 60 days.
In the event that the service has been purchased online by the Customer, the latter is hereby informed that, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, he/she has the option of lodging a complaint and selecting a dispute resolution body on the following website:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
It is expressly agreed that the data contained in Terra Gaïa's information systems have evidential value with regard to orders, requests and any other element relating to the use of the Site. They may be validly produced, notably in court, as a means of proof in the same way as any written document.
If, after selecting and paying for a travel service, you book additional travel services for your vacation trip or stay through Terra Gaïa, you will NOT benefit from the rights applicable to packages under Directive (EU) 2015/2302 and Article L.211-2 of the French Tourism Code.
However, if you book additional travel services during the same visit or contact with Terra Gaïa, the travel services will form part of a linked travel service.
In this case, Terra Gaïa has the right, as required by European Union law, to reimburse the sums you have paid it for services that have not been performed due to its insolvency.
Terra Gaïa has taken out insolvency protection with APST. Travelers may contact this entity if they are denied travel services due to Terra Gaia's insolvency.
Note: this protection against insolvency does not apply to contracts concluded with parties other than Terra Gaïa which can be performed despite Terra Gaïa's insolvency.
[Website where you can consult the directive (EU) 2015/2302 transposed into national law https://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=B6B56671A51841699A8FB7B4B5EB08A2.tplgfr21s_1idArticle=LEGIARTI000036242695&cidTexte=LEGITEXT000006074073&categorieLien=id&dateTexte=20180701].
Whatever the destination and countries visited, you must check that each traveler (including children and babies) is in possession of a biometric passport with integrated chip and digital photo, valid for at least 6 months after the date of return from the trip, as well as any other document(s) (visa, ESTA authorization, family record book, authorization to leave the country, etc.) necessary and compliant with the requirements for transiting and/or entering the country(ies) of travel and/or transit. In the event of refusal to issue the ESTA or any other visa required to enter the destination country, Terra Gaïa cannot be held responsible and cancellation charges will apply automatically.
Terra Gaïa provides this information for all French nationals residing in France. It is the responsibility of each traveller to check that the documents, in particular administrative and health documents, required to complete the trip, are in conformity with the information provided by the organiser, it being specified that it is the responsibility of the person who concluded the travel quote/contract to relay information relating to formalities to each traveller registered for the trip. Terra Gaïa cannot, under any circumstances, be held responsible for the consequences of a traveler's failure to comply with police, customs or health regulations. A traveller who is unable to carry out a transport (in particular a flight) for lack of presenting the required documents mentioned on the sales contract given to him/her, may not claim any reimbursement.
Foreign nationals are advised to consult their consular authorities.
For formalities and information on the country/countries where you will be traveling, the organizer advises you to consult the fact sheets on the countries you will be visiting during your trip, available on the website of the French Ministry of Europe and Foreign Affairs (MEAE) www.diplomatie.gouv.fr, in the "Conseils aux Voyageurs/Conseils par pays" section.
Terra Gaïa draws your attention to the fact that information may change up to the date of departure, and advises travelers to consult official websites regularly. For certain destinations, the organizer may be asked to have the MEAE form of the country(ies) visited or crossed signed, as part of his obligation to provide information. This request does not constitute a waiver of responsibility.
https://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs/
Terra Gaïa provides the health information available at the time the contract is concluded. We recommend that you regularly consult the information published by the competent authorities on the health risks in the country/countries where you are travelling, and that you follow the health recommendations and measures to combat these risks available on the websites https://solidarites-sante.gouv.fr (French Ministry of Solidarity and Health) or www.who.int/fr (World Health Organization).
Unless expressly provided for in the contract, Terra Gaïa is not obliged to check the validity and conformity of travel documents, even if they have been sent by the customer. Its obligation is limited to providing information.
In the case of car rental, a French driving license is required, as well as an international driving license when picking up the rental car on site.
An international payment card such as Visa, Mastercard or similar is also required, duly marked "credit card" and not "debit card".
Some rental companies refuse to deliver the vehicle on presentation of a single debit card. Terra Gaia cannot be held responsible for this.
Special conditions for the Collection de Voyages extraordinaires In the case of GIR, if the number of participants is less than 6 people within 150 days of departure, then base 2, 3, 4 and 5 rates apply, depending on the number of people actually registered at the time. If the number of participants is less than 6 with 150 days to go before departure, the customer also has the option of cancelling the tour at no cost, and will receive a full refund of the sums paid. If the customer decides to maintain the booking, the price may be readjusted in his favor if late bookings are made up to 2 months before departure. The amount of the balance will then be readjusted according to the actual number of participants registered with the GIR on D-60.
Deposit to be paid on registration: 35% of total amount
Balance due 60 days before departure
Cancellation fee schedule GIR extraordinaire :
● Cancellation more than 150 days before departure: no cancellation fee will be charged in cases where the customer does not wish to depart due to an insufficient number of participants in the GIR (less than 6 people registered in total).
In all other cases, 10% of the total booking amount will be retained.
● Cancellation from 149 to 90 days before departure: 35% of the total amount of the reservation will be retained;
● Cancellation from 89 to 46 days before departure: 50% of the total amount of the reservation will be retained;
● Cancellation 45 to 30 days before departure: 75% of the total amount of the reservation will be retained;
● Cancellation less than 30 days before departure: 100% of the total booking amount will be retained.
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