GENERAL TERMS AND CONDITIONS OF SALE

You would like to buy a cruise with FILOVENT

FILOVENT is a travel agency registered in the Register of Travel and Holiday Operators under the number IM092230009 acting as an intermediary between the Client and partner cruise organisers. FILOVENT should not be confused with its partner cruise organisers who retain their own responsibility towards the Client.

For all provisions not specifically provided for in these general terms and conditions of sale, the Client should refer to the general and specific terms and conditions of sale of the cruise organiser which apply and which are binding on the Client both within the framework of his or her relationship with the cruise organiser and with FILOVENT.

All of the cruise organiser's general and specific terms and conditions of sale are accordingly of a contractual nature as between FILOVENT and the Client. In the event of any contradiction between these general terms and conditions of sale and the general and specific terms and conditions of sale of the cruise organiser, these terms and conditions will prevail with regard to the relationship between the Client and FILOVENT. The general and specific terms and conditions of sale of the cruise organiser will, however, be the only ones binding on the Client in his or her relationship with the cruise organiser.

It is therefore essential to read both these general terms and conditions of sale and the general terms and conditions of sale of the cruise organiser which will also have contractual force between the company FILOVENT and its clients and can therefore be enforced by FILOVENT against its clients.

The terms and conditions specific to FILOVENT are accordingly as follows.

Article 1: Services provided by FILOVENT

1.1. FILOVENT acts as an intermediary between the Client and the cruise organiser. It cannot under any circumstances be held liable for actions, commitments, negligence, non-performance, loss or damage relating specifically to the relationship between the Client and the cruise organiser.

1.2. The prior information referred to in Article R211-7 of the Tourism Code is provided in conjunction with the presentations and documents available on the FILOVENT website, the quotation, the proposal and the documents sent by the cruise organiser. However, it is specified that the photos, images, services and activities presented on the websites and documents of FILOVENT and the cruise organisers are provided for information purposes only.

The photos and images presented are intended in particular to give a description of the cruises concerned and will not necessarily correspond to the service that the Client books and receives.

 Article 2: Ability to travel

The Client warrants that he or she is fully fit to undertake the trip he or she has selected, it being expressly specified that both FILOVENT and the cruise organiser may refuse the registration, departure or continuation of the trip of any person appearing to be unfit for the trip concerned. The Client will accordingly be unable to claim any reimbursement or compensation.

If, for any reason, a Client's state of health is likely to affect his or her ability to travel, he or she must inform FILOVENT and obtain a medical certificate from his or her treating physician confirming ability to undertake the trip without risk.

Pregnant women must check with their doctor about their fitness to travel and request a medical certificate confirming such fitness in order, if requested, to be able to present it to the cruise organiser (it being specified that women in an advanced stage of pregnancy (24 weeks of pregnancy and beyond) will not be accepted on board aircraft and boats).

Children under one year old are not accepted on cruises except in a few special cases. If you wish to travel with a child under one year old, please let us know so that we can advise you regarding the possible options. Some cruises refuse children over one year old. You therefore need to enquire prior to every reservation with Filovent.

Article 3: Placing and validating an order

3.1. To place an order, you will need to apply and to identify yourself beforehand either by email or telephone, or via our online quotation application system. Following each complete application, FILOVENT will send you a quotation.

3.2. If you let us know that you agree to this quotation, we will send you a reservation contract by email that you must complete. After having read and accepted the general terms and conditions of sale, you will be able to accept the cruise purchase contract.

3.3. The order will only be definitively registered on the final approval. This last “Click” is equivalent to an electronic signature as referred to under the terms of the French Civil Code and in particular Articles 1316 and includes the following information:

Purchaser’s surname
First name
Address
Delivery address (if different)
E-mail
Telephone

Order confirmation:

- price, which will FILOVENT will reconfirm to the purchaser before payment of the balance.
- payment method (bank card)
- Card number
- Expiry date

The Service Fees also termed by the shipowners Tips / Trip Package / Tourist Taxes / Hotel Service Fees, are not included in the package and must be paid, in addition, by each traveller at the start or end of the cruise. If you would like to know the exact amount of these fees for the cruise booked, please ask us.

3.4 As soon as the order is registered, FILOVENT will send you an order confirmation email. By keeping this email and printing it, you will have proof of your order.

3.5. Normally, all cruises offered are available. However, if exceptionally your order proves impossible to process due to the non-availability of place(s) on the chosen cruise, we will contact you immediately (average time of 48 hours) to make you an alternative offer. If this is not satisfactory to you, we will immediately refund your purchase. We also retain the option of allocating to the Client a cabin other than that specified in the order, provided that the new one is in the same price category as the one initially ordered.

3.6. The statutory provisions relating to distance selling provided for in the Consumer Code provide that the right of cancellation is not applicable to tourist services (Article L 121-20-4 of the Consumer Code). You will therefore have no right of cancellation for any service order placed with FILOVENT.  

 Article 4: Prices

4.1. It is possible that you may not pay the same price as someone else benefiting from the same service during the same period. Other passengers sailing with you during the stay may have paid a higher or lower rate than yours for the same service, depending on supply and demand conditions at the time of their booking. This can result from several factors that vary over time, including:

-temporary promotions offered by Filovent partners
-the ease with which the partner can market the stays, which may lead to price adjustments upwards or downwards
-boat occupancy: with some partners, the price of the first cabin booked on a given cruise is higher than the following ones, to ensure departure regardless of whether the subsequent cabins are rented.

Published prices are for indicative purposes only, with only the contractual price mentioned during the booking process being definitive. Prices are established based on the costs of goods and services integrated into cruises, including fuel prices. However, in accordance with the law (Article L211-12 of the Tourism Code), up to 20 days before the departure date, adjustments to the price may be necessary, upwards or downwards, mainly due to fluctuations in fuel prices, various taxes, or the exchange rate with the country concerned. These adjustments do not entitle you to cancel or terminate the contract without charges on your part.

In the event that one or more travelers registered under the same booking cancel their participation in the trip, the trip may be maintained for the other travelers, provided that they pay any additional costs for services that would have had to be modified due to the cancellation of the other travelers before departure. If the remaining travelers refuse to pay this adjustment, it will be considered as a cancellation on their part, and the provisions set out in Article 4 will apply.


4.2. The price paid also includes administrative fees, which amount to:
- €52 for rentals between €0 and €1,000 - €62 for rentals between €1,001 and 2,000 - €70 for rentals between €2,001 and €3,000 - €78 for rentals between €3,001 and €5,000 - €94 for rentals between €5,001 and €7,000 - €104 for rentals between €7,001 and €10,000 - €120 for rentals exceeding €10,001
4.3. In the event of payment by holiday vouchers, the first on account payment of the rental price must be made by transfer or bank card in parallel with the payment by holiday vouchers (in order to block the reservation of the boat; a reimbursement will be made later). Management fees will apply depending on the rental amount:
- €55 for rentals between €0 and €1000 - €80 for rentals between €1001 and €2000 - €105 for rentals between €2001 and €3000 - €130 for rentals between €3001 and €4000 - 155€ for rentals between €4001 and €5000 - €180 for rentals between €5001 and €6000 - €205 for rentals between €6001 and €7000 - €230 for rentals between €7001 and €8000 - €255 for rentals between €8001 and €9000 - €280 for rentals between €9,001 and €10,000 - + €25 for all further increments of €1000.

Article 5: Payment
5.1. Our site allows you to book your service direct and to send us your bank details in a confidential and secure manner, when you order via our Paybox payment system.
Depending on the partner's general terms and conditions, which will be provided when sending the quotation, the Client will be required to pay 40% or 50% of the total price of the trip.
The balance of the trip price will be due, depending on the partner's requirements, between 6 and 10 weeks prior to the actual embarkation date.

5.2. Card payments can be made with Visa, EuroCard and MasterCard bank cards. Your account will then be debited in favour of FILOVENT. Non-French cardholders who pay on this site may be liable for cross-border fees levied by their card issuing company.

5.3. FILOVENT uses a secure SSL payment system. The SSL security server ensures the reliability of payments by encrypting all the personal data which is essential for us to process your order (names, addresses, emails, bank details) at the time of data entry. When transferring via the Internet, it is thus impossible to read your bank details.
In addition, the Paybox 3D-Secure protocol that we use guarantees secure payments and provides an effective tool for combating fraud by setting up filters and alerts. We inform Clients that their banking details are automatically deleted from our files, upon completion of the rental contract.

5.4. It is also possible to pay by providing your bank card number by telephone on 01 70 80 97 52

5.5. Finally, we accept bank transfers. Any bank charges that may result are to be borne by the Client.
Account holder: FILOVENT
IBAN: FR76 1695 8000 0198 1487 1998 910
BIC/SWIFT: QNTOFRP1XXX
BIC/SWIFT of our correspondent bank: TRWIBEB3XXX
Account holder’s address: 8 Rue de l’Est, 92100 Boulogne-Billancourt, France

5.6. Payments by cheque are not accepted without the prior written approval of FILOVENT.

5.7. Payments made by the Client will only be considered final after actual collection by FILOVENT of the sums due.

5.8. If payment of the price of the trip is not received within the time limits referred to above, FILOVENT will not be required to provide the trip. The trip will be deemed to be cancelled by the Client. The cancellation penalties provided for below will then be applied; the date used to determine the amount of these penalties will be the date on which FILOVENT sends the letter notifying the Client of the effective cancellation of the Rental due to the delay in payment. The Client will pay the penalties imposed on him or her without delay.

 Termination costs due by reason of Client’s default:

- 60 days or more before departure: the reservation deposit equal to 40% or 50% of the cost of the trip,

- Less than 60 days before departure: 100% of the price of the trip

 If the situation is remedied, which however can only be subject to the express agreement of FILOVENT, a penalty equal to three times the statutory interest rate must be paid by the Client for the entire duration of the payment delay of the amount remaining due.


Article 6: Cancellation

6.1. All ship-owner cruise organisers reserve the right to cancel a cruise if the minimum number of participants is not reached; the Client may in this event accept a substitute cruise or reimbursement of the sums paid but will be unable to claim any compensation.

With regard to the terms and conditions relating to each cruise regarding timetables, itineraries, amendments, registrations and cancellation terms, the Client must refer to the terms and conditions of sale specific to the organiser of the cruise concerned.

Where applicable, amendment or cancellation fees may be requested. They will be at least equal to those fixed by the technical organiser or the carrier, FILOVENT being able to apply its own costs in addition (see Article 6).

6.2. The period for which the cruise contract is entered into may only be changed with the agreement of the partner and insofar as is possible and in in accordance with the terms set out in Article 6.3.iii.

6.3. Failure to meet one of the payment deadlines, failure to comply with commitments made under these general terms and conditions or breach of the cruise contract by the Client for any reason whatsoever will result in termination of the contract. The deposits and the balance will be forfeit to Filovent as follows:
i. • In the event of termination attributable to the Client, occurring more than 60 days before the date of departure:
1) the reservation deposit, of 40% or 50% of the price of the trip including any extras to be paid upon reservation (refer to the contract signed), will be forfeit to Filovent or due in the event that it is not yet paid.

ii. • In the event of termination attributable to the Client occurring less than 60 days before the date of departure: 100% of the price of the trip.

iii. • Any amendment to the reservation requested by the Client after registration of the reservation, such as a change of dates of stay, port of embarkation or disembarkation, or a change of name, subject to acceptance by the partner, will be billed at €90 in addition to all additional costs generated by such amendment. Additions or deletions of paid extras are subject to an additional charge of €50.

iv • Amendments can either be notified by the Client by email or telephone but must always confirmed by Filovent by email. An amendment without written confirmation by Filovent may be deemed null and void. You must look at the reservation form to check whether the amendments have been taken into account.

v • Furthermore, any contract amendment resulting in an increase in the total cost of the reservation will be subject to immediate payment. The amendment will only take effect once the additional payment is received.

vi • The administration fees referred to in Article 4 of these general terms and conditions, together with the insurance premiums, will be fully forfeit to Filovent in the event of cancellation regardless of the cancellation date.

6.4. To cover the risks mentioned in Article 6.3 i, the Client may take out cancellation insurance, for his or her benefit and at his or her own expense. The Client will be able to take out this insurance when validating the reservation or from his or her client access on the site www.filovent.com and the link to which was sent by email when validating his or her rental contract. Cancellation insurance will not, however, cover people who are not registered on the travel list.

6.5. Reservation cancellations by the Client must be sent to Filovent direct from the client access, via the “My validated reservations” page, “Cancellation” section. The cancellation will take effect after the Client has received an acknowledgment of receipt by email. The date taken into account to determine the amount of the applicable cancellation or amendment fees will be the date on which Filovent becomes aware of the Client's decision to cancel his or her reservation. Any cancellation is final.

6.6. Any payment which is incomplete, ineffective, irregular or fraudulent for a reason not attributable to Filovent (postal delay, bank card limit, rejected payment transfer, etc.) will result in the cancellation of the order at the customer's expense under the terms referred to in Article 6.3, without prejudice to any civil or criminal action against the customer.

6.7. Cancellation of the means of transport that you have planned and taken on your own initiative to get to the pick-up location for the trip or cruise cannot under any circumstances be invoked against Filovent in order to request a cancellation of your reservation, a voucher, a postponement or a refund. Arranging transport to the cruise or travel pick-up location is your sole responsibility. Force majeure cannot be invoked in this regard as long as it is legally authorised and possible to go to on site.  

The client will, if applicable, be solely responsible for informing the insurance company in the event of taking out cancellation insurance. Please note, however: in the event of cancellation by one or more persons who have reserved a shared room, the remaining customers will have to pay any supplement corresponding to the size of their room following cancellation.

Likewise, any insurance premiums, fees, port and airport taxes and visa fees will only be subject to the actual reimbursement of these sums to FILOVENT by the persons receiving them.

In accordance with the provisions of Article L. 121-20-4 (2) of the Consumer Code, the seven-day withdrawal period for cancelling a reservation is not applicable to the provision of accommodation, transport, catering or leisure activities to be provided on a specific date.

Article 7: Formalities

Clients must, depending on their destination, be in possession of a passport (with optical reading for certain destinations), a national identity card (valid for the entire duration of the trip or, for certain destinations, for a few months after the end of the trip), a visa, parental authorisation, a medical certificate or a vaccination record where necessary.

These formalities can be checked via the page http://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs_909/index.html.

Minors must also hold authorisation to leave the territory in the event of travelling without their parents.

The formalities and costs of obtaining these documents are the sole responsibility of the Client and FILOVENT cannot under any circumstances be held responsible for the Client not obtaining or forgetting the necessary documents.
Depending on the destination, vaccinations may also be obligatory or recommended. It is up to the Client to enquire with their doctor concerning these vaccinations and, if necessary, to have them carried out.

It is therefore up to customers to ensure that they are in full compliance, before the start of their trip, with all local regulations applicable to entry and visit formalities as well as medical and health obligations or recommendations.

In the event of cancellation of a trip owing to the omission of these formalities, the costs and cancellation fees will be borne solely by the Client. The formalities mentioned on our site or in our quotations are intended for French nationals and are given for information purposes.

Article 8: Air travel

8.1 Airlines Filovent will provide you, in your travel programme, with information on the identity of the air carrier(s) operating your flights, including timetables and, where applicable, stopovers planned for that date. If amendments are made after your registration, Filovent undertakes to notify you of all changes concerning the identity of the air carrier(s) as soon as we become aware of them, up until your departure.

As part of our commitment, we wish to inform you that you can consult the European list of banned airlines on the site https://ec.europa.eu/transport/modes/air/safety/air-ban_fr or request a copy from your Filovent advisor. In addition, taxes and boarding fees for unused and fully-paid tickets are refundable on request (Article L 224-66 of the Consumer Code).

Please note the following:
Stopover times are determined by the airlines according to their flight plans and may be subject to change without this resulting in a free cancellation.

If the airline scheduled for your flight is unable to transport you, despite its obligation to provide assistance, FIlovent may use another airline to guarantee you a journey under similar transport conditions.

Remote check-in procedures (before arrival at the airport) to obtain a boarding pass, with or without choice of seat in the cabin, must be carried out within the deadlines specified by each airline depending on the flights.

8.2 – Terms of carriage Information regarding the terms of carriage, including the number of pieces of baggage authorised and their maximum weight without surcharge, is available on the airline's website or can be obtained on request to Filovent.

In accordance with international air transport regulations, any airline may make changes without notice, such as schedules, route, departure and destination airports. If changes are made by the airline due to technical, climatic or political incidents, delays, cancellations, strikes or additional stopovers, or for any other reason independent of Filovent, and if the traveller decides to cancel the trip, the cancellation fees referred to in Article 4 above will be billed.

Filovent will not reimburse expenses incurred by the traveller (such as taxis, hotels, transportation, catering, etc.) if the traveller is reimbursed by the airline in the event of a problem or incident.

In the event of a delay in transportation at the departure or return of the trip, damage or loss of baggage, refusal of boarding (overbooking) or flight cancellation by the airline, it is the responsibility of each traveller to retain all original documents (tickets, boarding passes, baggage coupons, etc.) and to request from the airline any written proof in the event of a dispute (baggage, overbooking, flight delay or cancellation) – referred to here as the “Supporting Documents". The traveller must, within the set time limits, submit his or her complaint to the airline with copies of the Supporting Documents, while retaining the originals. In the event of difficulty, the Filovent client service can contact the airline to help the traveller follow up on his or her complaint.

8.3 – Transportation before departure and on return from the trip For travellers who organise their own pre- and post-arrival services (transport, hotel, etc.) to the place where the trip begins and back to their home, Filovent recommends purchasing services (transport tickets, etc.) that can be amended free of charge and/or are refundable and to allow for reasonable transfer times between airports or stations. However, Filovent will not reimburse services reserved but not used.

In addition, Filovent cannot be held liable for the reimbursement of costs resulting from an unforeseeable or unavoidable event caused by a third party or by the traveller him or herself, which changes the services subscribed to with Filovent or involves a change to the travel services booked with Filovent and/or pre- and/or post-arrival reserved by the traveller(s).

Article 9: Luggage
The Client remains fully responsible for his or her luggage and all of his or her personal belongings during his or her trip. In the event of loss or theft, the Client alone must manage the formalities relating to the declaration of losses and/or theft and, where applicable, the recovery of any belongings that may have been found.  

Article 10: Insurance
FILOVENT has taken out Civil and Professional Liability Insurance with HISCOX, 38 avenue de l'opéra, 75002 Paris, France covering its Professional Civil Liability up to €1,500,000.

This insurance does not, however, cover civil liability and risks borne by the Client. FILOVENT therefore expressly advises the Client to take out comprehensive insurance and an assistance policy covering possible cancellation, repatriation, illness-related costs (including medical costs abroad), travel accidents, interruption of travel, loss or theft of luggage etc.

Article 11: Liability
FILOVENT reserves the right, in the interest of the customer, to make any appropriate amendment for the smooth running of the trip. In particular, FILOVENT’s liability cannot substitute for that of French or foreign carriers providing the transportation or transfer of passengers and baggage. Under no circumstances may FILOVENT be held liable for cases of force majeure, strikes or faults of third parties unrelated to the provision of the services planned.  

Article 12: Personal Information:
12.1. The information collected is intended for the processing of your order by FILOVENT’s services. Financial information is used only to bill and complete your reservation. The security of payments on the site is guaranteed by the Paybox 3D-Secure protocol that we use, which guarantees payments in complete security and provides an effective tool for combating fraud by setting up filters and alerts.  In order to process your order, we share certain information with cruise operators. However, we only forward the information essential to the preparation of your travel plan. We do not trade Client files or confidential information.

12.2. In accordance with the “informatique et libertés” (Data Protection) Law of 6 January 1978, amended in 2004, you have the right to access and rectify information that concerns you, which you can exercise by contacting FILOVENT via the address info@filovent.com. You can also, on legitimate grounds, object to the processing of data concerning you.

Article 13: Nullity of a provision of the general terms and conditions of sale
In the event that one or more of the provisions of these conditions are deemed null and void, they will be replaced by a provision of the closest financial and legal effect and the other provisions of the general terms and conditions of sale will remain in force.

Article 14: Registration failure
FILOVENT cannot be held liable for a failure to register the place of departure of the package trip, for any reason whatsoever including in the event of a delay linked to air, rail or land pre-transportation.  If necessary, please contact us: From France on 01 70 80 97 52 From abroad on 00 33 1 70 80 97 52 or outside business hours (7 p.m. to 10 a.m.) by email: info@filovent.com. In the event that FILOVENT is responsible for the pre-transit, you will need to obtain their approval before committing any sum of money to alleviate for the cancelled/amended pre-transit.

Article 15: Changes to itineraries and timetables
FILOVENT cannot guarantee that the cruise organiser's boat will stop at each of the ports planned in the initial programme. Depending on external circumstances (weather conditions, situation in the ports concerned, etc.), it is possible that the Captain, in the interest of passengers, will change the route. FILOVENT cannot be held liable, the Client waiving FILOVENT’s liability in this regard. 

Article 16: Complaints – Disputes – Applicable law
Any complaint addressed to FILOVENT must be sent by registered letter with acknowledgment of receipt to the address FILOVENT – 8 rue d’Est – 92 100 Boulogne within a maximum of eight days after the customer returns from the cruise. After this deadline, complaints will be inadmissible.

In the event of a dispute, the parties expressly undertake to attempt to jointly reach an amicable solution. In default of reaching an amicable agreement, the parties undertake to submit their dispute to the courts located within the jurisdiction of the Paris Court of Appeal, any sale or contract entered into with FILOVENT being subject to French law.

In accordance with Article L. 152-1 of the Consumer Code, in the event of rejection of his or her complaint request, the Client may use the CNPM mediation service free of charge to which FILOVENT subscribes:

- Electronically: www.cnpm-mediation-consommation.eu/
- By post:
CNPM
27, avenue de la libération
42400 Saint Chamond, France
On CNPM forms, our contact email address is: info@filovent.com
We remind you that recourse to consumer mediation is only possible provided that:
- You have previously contacted our customer service department with a written complaint less than one year old;
- Your dispute has not previously been examined or is not being examined by another mediator or by a court;
- You are not a professional