Conditions générales de vente
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| Company | Riwaya Travel, a simplified joint-stock company (SAS) with share capital of €8,000 |
| Registered office | 25 rue de Ponthieu, 75008 Paris, France |
| Registration | SIRET 948 433 883 00014 · Paris Trade and Companies Register (RCS) B 948 433 883 |
| Representative | Mr Sofiane Lesage, President |
| Atout France | Registered in the register of travel and holiday operators under number IM075230027 |
| Financial guarantee | Association Professionnelle de Solidarité du Tourisme (APST), 87–89 rue La Boétie, 75008 Paris, www.apst.travel |
| Professional liability insurance | HISCOX SA, 38 avenue de l’Opéra, 75002 Paris |
| Contact | contact@riwayatravel.com · +33 1 84 80 65 45 |
Translation for information purposes. In the event of any discrepancy, the French version prevails.
Riwaya Travel specialises in designing, organising and marketing trips and holidays in Algeria, including cultural, nature, desert, touring and adventure itineraries. These general terms and conditions of sale (hereinafter the “GTC”) set out the terms applicable to the sale of package travel and, where applicable, the other travel services offered. Riwaya Travel pursues an approach aimed at offering a quality experience, providing transparent information, respecting the people and territories visited, and reducing avoidable environmental impacts linked to its activities.
1.1 Scope of application. The GTC govern the contracts entered into between Riwaya Travel and any person purchasing a trip or holiday offered by the company. Beneficiary travellers, although they are not signatories to the contract, must comply with the obligations that concern them, in particular as regards formalities, safety instructions and the rules of conduct set out in article 10. The GTC apply subject to the mandatory provisions of the French Tourism Code and the French Consumer Code and any other relevant regulations.
1.2 Documents forming the contract. In the case of package travel, the contract consists of the following documents: these GTC, the accepted quotation or commercial proposal, the special conditions or programme sheet, the pre-contractual information provided before the contract is concluded, and any special requirements of the traveller expressly accepted by Riwaya Travel. The special conditions specify
in particular the price, dates, itinerary, means of transport, accommodation, services included and not included, level of difficulty, the minimum number of participants required and, where applicable, the terms for revising the price (article 4). In the event of conflict, mandatory legislation prevails; for matters specific to the trip, the accepted special conditions take precedence over the GTC. The Responsible Traveller Charter, provided to the traveller for information and awareness purposes, is not a contractual document. Only the traveller’s obligations set out in article 10 of these GTC may be enforced against the traveller.
1.3 Applicable version. The version in force at the time the contract is concluded is the one that applies. That version is given to the traveller or made available on a durable medium.
2.1 Pre-contractual information. Before the contract is signed, Riwaya Travel provides the traveller with the regulatory information document corresponding to the nature of the service, together with the essential pre-contractual information. This includes the main characteristics of the trip, such as the destination, itinerary, duration, means of transport, accommodation, meals and services included, the total price and any additional costs, the payment terms, administrative and health formalities, the minimum number of participants required, the conditions for modification, transfer and cancellation, insurance, the organiser’s contact details and assistance contacts, and accessibility conditions where relevant. The traveller must inform Riwaya Travel of any specific requirement or of anything that could reasonably affect the preparation or performance of the trip before making the booking.
2.2 Conclusion of the contract. The contract is formed when the traveller expressly accepts the commercial proposal and the applicable conditions, and Riwaya Travel has validated any special requirements, followed by the first payment required. The booking becomes final subject to the effective receipt of payment. The documents needed to perform the trip, including copies of passports where required, are then sent within the stated deadlines.
2.3 Confirmation. Riwaya Travel sends the traveller, on a durable medium, a confirmation setting out the main characteristics of the trip together with the contractual documents. The traveller must check this confirmation and promptly report any error relating to their identity, the dates, the programme or the services.
2.4 No right of withdrawal. In accordance with article L.221-2, 5° of the French Consumer Code, contracts for package travel within the meaning of article L.211-2 of the French Tourism Code are not subject to the right of withdrawal applicable to distance or off-premises contracts. This also applies where Riwaya Travel offers services separately, such as:
• passenger transport (article L.221-2, 9° of the French Consumer Code);
• accommodation services other than residential, car rental, meals or leisure activities that must be provided on a specific date or during a specific period (article L.221-28, 12° of the same code). Accordingly, acceptance of the contract binds the traveller, without prejudice to the traveller’s rights of transfer, modification or cancellation under the French Tourism Code, these general terms and conditions of sale and the special conditions.
3.1 Prices. The price is the one specified in the accepted quotation or special conditions. Unless expressly included, the following are borne by the traveller: visa or authorisation fees, local taxes or charges, optional insurance, personal expenses, tips, single-room supplements, optional services and costs arising from special requests.
3.2 Deposit and balance. Unless the special conditions provide otherwise, a deposit of 40% of the total price is required at the time of booking. This deposit does not constitute earnest money (arrhes). The balance must be paid no later than 40 days before departure. For bookings made less than 40 days before departure, the full amount is due at the time of booking.
3.3 Late bookings. For bookings made less than 20 days before departure, Riwaya Travel may require payment methods that ensure rapid and secure confirmation. Confirmation will depend on the availability of services and on the time needed to obtain documents, visas or authorisations.
3.4 Payment methods. The accepted payment methods are specified in the quotation, the invoice or the payment process. Any permitted fees will be communicated before the contract is concluded.
3.5 Non-payment. In the event of non-payment when due, Riwaya Travel may send a formal notice (mise en demeure). If payment is not made within a reasonable period, Riwaya Travel may terminate the contract in accordance with the regulations in force; justified termination fees permitted by law will remain payable.
4.1 Principle. The price may be modified after the contract is concluded only if the special conditions expressly so provide. Otherwise, the price remains fixed. Any revision, whether upwards or downwards, may result only from a variation in:
• the cost of passenger transport due to changes in the price of fuel or other energy sources;
• the level of taxes or fees on the travel services included in the contract, imposed by third parties not directly involved in performing the contract, including tourist taxes and landing, embarkation or disembarkation taxes;
• exchange rates relevant to the contract. 4.2 Method. For each trip concerned, the special conditions must specify how the variation is to be calculated, whether upwards or downwards, in particular the share of the price to which it applies, the transport costs and taxes concerned, the currencies likely to affect the price and the reference rate used when the price was set.
4.3 Increase. Any increase must be notified to the traveller clearly and comprehensibly, on a durable medium, with the justification and the calculation, no later than 20 days before the trip’s departure. No increase may be applied less than 20 days before departure. If the increase exceeds 8% of the total price, the traveller has the rights provided for in article 7.3.
4.4 Decrease. The traveller is entitled to a price reduction corresponding to any decrease in the costs referred to in point 4.1 occurring after the contract is concluded and before departure. Riwaya Travel may deduct from the amount refunded its actual administrative costs, which it must justify at the traveller’s request.
5.1 Modification. Any request to modify the terms of the contract must be submitted to Riwaya Travel on a durable medium. Acceptance of the request is subject to operational feasibility and may entail a revision of the price, as well as the application of actual costs or of conditions imposed by suppliers. No modification will be considered validated until a written confirmation from Riwaya Travel has been received.
5.2 Transfer. As long as the contract has not been performed, the traveller may transfer it to a person who meets all the conditions required for the trip. The traveller must inform Riwaya Travel by any means that guarantees proof of receipt, at least seven days before departure. This transfer does not require prior authorisation from Riwaya Travel.
The transferor and the transferee are jointly and severally liable for payment of the outstanding balance and for any additional fees, charges or costs arising from the transfer. Riwaya Travel must inform the transferor of the associated costs, which must not be excessive or exceed the costs actually incurred, and must provide justification of them. Certain named tickets that are not transferable may require reissue at the fare then in force.
6.1 Principle. The traveller may terminate the contract at any time before the start of the trip, subject to appropriate and justifiable termination fees. On request, Riwaya Travel must justify the amount retained.
6.2 Standard scale. Unless specific provisions have been agreed in the quotation or the special conditions, termination fees are calculated on the basis of the following percentages of the total price:
When the contract is terminated Fees (% of total price)
More than 60 days before departure 10%
60 to 31 days before departure 15%
30 to 21 days before departure 35%
20 to 14 days before departure 50%
13 days or fewer before departure, or no-show 100%
This scale is determined according to the time remaining before departure, anticipated cost savings and potential income from reselling the services. For services subject to specific non-refundable conditions, such as tickets already issued, exclusive-use bookings or named services, where this is stated in the quotation or the special conditions, the justified actual cost replaces, for that part only, the corresponding amount of the scale. No service will be charged twice. The amounts retained remain reasonable and justifiable; Riwaya Travel will provide a breakdown on request. Insurance premiums paid to a third-party insurer are subject to that insurer’s conditions. Payments exceeding the fees retained will be refunded as soon as possible and no later than 14 days after termination.
6.3 Notification. The relevant date is the date on which Riwaya Travel receives the termination request, sent on a durable medium that allows proof to be kept.
6.4 Unavoidable and extraordinary circumstances. The traveller may cancel the contract before departure without incurring termination fees where unavoidable and extraordinary circumstances, occurring at the destination or its immediate vicinity, significantly affect the performance of the package or the carriage of passengers to the destination. In that case, the traveller will receive a full refund of the sums paid as soon as possible and no later than 14 days after termination, without additional compensation.
7.1 Cancellation before departure. Riwaya Travel reserves the right to terminate the contract before departure in the following cases: where the minimum number of participants, as specified in the special conditions, is not reached. The traveller will be notified no later than 20 days before the start of a trip lasting more than six days, 7 days before a trip lasting two to six days, and 48 hours before a trip lasting less than two days. In addition, if unavoidable and extraordinary circumstances prevent performance of the contract, the traveller will be informed without undue delay before departure. In both situations, Riwaya Travel will refund all payments made as soon as possible and no later than 14 days after cancellation, without any additional compensation being due. Outside these cases, the traveller is also entitled to compensation in accordance with the regulations in force. Details of the minimum number of participants and the deadlines are specified in the special conditions.
7.2 Minor modifications. Riwaya Travel is entitled to make minor adjustments that do not alter the essential characteristics of the trip. The traveller will be informed of these modifications on a durable medium.
7.3 Significant modification. If, before departure, Riwaya Travel must make a substantial change to an essential characteristic of the trip, or if an accepted special requirement cannot be met, or in the case of a price increase of more than 8%, the traveller will be informed promptly, clearly and comprehensibly, on a durable medium. This communication will include the proposed changes and their impact on the price, the reasonable period given to the traveller to make a decision, the consequences of silence within that period and, where applicable, the substitute service proposed and its price. The traveller may then accept the change or terminate the contract without incurring any fees. If quality or cost is lower, an appropriate price reduction will be applied. In the event of termination, payments already made will be refunded no later than 14 days after termination, in compliance with the legal provisions on compensation.
7.4 Adaptation during the trip. In rural, desert or remote areas, the itinerary, timetables, transport, accommodation or certain activities may be modified because of weather conditions, the condition or closure of roads, a decision by the authorities, travellers’ safety or other circumstances beyond Riwaya Travel’s control. The person in charge on site (guide, escort or driver) will assess the situation and decide on the adjustments needed to ensure safety. Riwaya Travel will inform the traveller and, where possible, offer a service of equivalent or comparable quality at no additional cost. These adjustments do not affect the traveller’s rights in the event of non-conformity (articles 13 and 14), including the right to an appropriate price reduction. If the adaptation is due to unavoidable and extraordinary circumstances, no compensation will be granted. If it is impossible to ensure the traveller’s return as planned because of such circumstances, Riwaya Travel will bear the cost of the necessary accommodation, if possible of equivalent category, under the conditions and within the limits laid down in article L.211-16 of the French Tourism Code, in principle for a maximum of three nights per traveller, subject to the exceptions and the longer periods provided for by the applicable provisions.
8.1 Documents and formalities. Riwaya Travel provides the general information it holds on the administrative and health formalities applicable to the travellers concerned by the offer. However, it is the traveller’s responsibility to ensure the validity of their documents and that their identity matches the transport tickets and authorisations, taking into account their nationality, age, status, itinerary and previous travel.
8.2 Visas and authorisations. Where a visa or authorisation is required, the traveller must provide the necessary documents and information within the time allowed. Unless expressly stated to be included, the related costs are borne by the traveller. Riwaya Travel cannot be held liable for a refusal, delay or decision emanating exclusively from an administrative or consular authority, unless the damage results from incorrect information, a delay or a failure on the part of Riwaya Travel in performing a contractually agreed service.
8.3 Health, fitness and special needs. The traveller must take note of the level of difficulty, distances, climatic conditions and the possible remoteness of medical services. The traveller must ensure that their state of health and physical condition are compatible with the trip and consult a health professional if necessary. The traveller must also report, before the contract is concluded or as soon as they become aware of it, any specific need relating to the organisation, accessibility or safety of the trip, in particular limitations, allergies or dietary requirements.
Failure to communicate on these points could hinder reasonable adaptation or compromise the traveller’s safety. Riwaya Travel requests only strictly necessary information; the traveller is not required to submit a full medical file. Requests for adaptation will be assessed according to the practical characteristics of the trip and the reasonable organisational possibilities.
8.4 Accuracy of the information provided. The traveller is responsible for the accuracy of the information provided to Riwaya Travel (identity and spelling of the name as shown on the passport, date of birth, contact details, passport number and validity, visa). Costs actually incurred and directly attributable to information that is incorrect, incomplete or provided late by the traveller, in particular reissue costs for transport tickets, will be borne by the traveller on presentation of supporting documents.
If, for this reason, the traveller cannot board or enter the destination territory, this situation will be treated as termination at the traveller’s initiative under article 6. This article does not apply where the error is due to Riwaya Travel, in particular a transcription error of precise information supplied by the traveller.
8.5 Minors. a) Registration. A minor must be registered by a person holding parental authority or, with that person’s written consent, by an accompanying adult. The person making the registration attests to their authority or to that consent, must be able to provide evidence of it on request, and assumes responsibility for the accuracy of the information provided.
b) Documents. The minor must hold their own travel documents, namely a valid passport and, if necessary, a visa, the requirements for which are specified before the contract is concluded. Authorisations required by the authorities of the destination or transit country must be obtained by the holders of parental authority.
c) Leaving French territory. Under article 371-6 of the French Civil Code, any minor leaving French territory without being accompanied by a holder of parental authority must carry an exit authorisation (autorisation de sortie du territoire), signed by a holder of parental authority, together with a copy of the signatory’s identity document.
d) Supervision. Riwaya Travel does not accept the registration of a minor travelling without an adult taking part in the same trip and designated as responsible. Throughout the trip, the minor must be under that adult’s supervision; Riwaya Travel’s guides, escorts and drivers are not responsible for the minor’s care. Where that adult does not hold parental authority, the person registering the minor must provide contact details enabling direct contact with the minor or the responsible adult during the trip.
e) Minimum age. The programme document states, where relevant, the minimum age required for each trip.
f) Missing documents. A refusal of boarding or entry due to the absence or irregularity of the minor’s documents will be treated in accordance with article 8.4, unless Riwaya Travel has failed in its duty to provide information.
Some trips involve travel in desert, rural or remote areas; unpaved tracks and 4×4 journeys; significant travel times; hiking; large temperature variations; changing weather conditions; limited availability of water, electricity, communications or medical services; and basic accommodation, with local hosts, in campsites, in bivouacs or in tents.
These characteristics, as well as the level of difficulty, are clearly indicated in the documents specific to the trip, which the traveller must read before booking. This information cannot limit Riwaya Travel’s liability under the legal provisions in force. The photographs and descriptions provided illustrate the general nature of the trip, without guaranteeing exact reproduction of a landscape, an encounter, accommodation, a wildlife sighting or a weather condition, unless expressly stated to be contractual.
10.1 Traveller’s obligations. The traveller undertakes to:
• comply with the reasonable safety instructions given by guides, escorts, drivers, representatives of Riwaya Travel and the competent authorities; not move away from the group or the itinerary without the leader’s consent; refrain from endangering themselves or others;
• observe local laws and regulations, and show due respect for the people and communities encountered; avoid any harmful behaviour towards children or vulnerable persons; photograph a person only with their consent;
• not acquire, transport or take counterfeit items, narcotics, protected species, or objects from archaeological or historical sites or from the heritage of the country visited;
• respect wildlife, flora and sites: not feed or disturb animals, take away their waste and stay on marked routes. These obligations are detailed in the Responsible Traveller Charter provided before departure.
10.2 Measures in the event of breach. If behaviour constitutes an offence, creates a serious risk, seriously harms a person, property, a community, an animal, the environment or heritage, or jeopardises the proper running of the trip, Riwaya Travel reserves the right to take appropriate measures, up to and including ending the traveller’s participation. Where circumstances permit, the traveller will first be warned and invited to stop the behaviour; no warning is required in cases of immediate danger, violence or serious offence. Additional costs arising from wrongful behaviour, including an early return, may be invoiced if justified. Services not used because of an interruption attributable to the traveller will not give rise to a refund.
10.3 Scope of the Charter. The Responsible Traveller Charter has an educational purpose. The elements it contains, beyond the statement of the obligations referred to in article 10.1 and the presentation of Riwaya Travel’s approach to responsible tourism, are for information only and do not constitute contractual provisions.
For a trip involving air transport, the conditions set by the carrier apply, while respecting the traveller’s fundamental rights linked to the package. Riwaya Travel undertakes to inform the traveller of the identity of the contracting carrier and, where possible, of the operating carrier; any change will be communicated in accordance with the regulations in force. Timetables, flight numbers and aircraft types may be changed by the carrier in accordance with the applicable rules.
The traveller must comply with check-in deadlines, baggage regulations, security procedures and restrictions on items carried. In the event of loss, delay or damage to baggage, the traveller must report it immediately to the carrier, obtain a property irregularity report if possible before leaving the airport, and observe the claim deadlines in force. These steps do not affect the traveller’s rights against Riwaya Travel.
The traveller remains responsible for the safekeeping of their personal belongings and equipment. Travellers are advised not to bring unnecessary valuables and to follow the safety instructions provided by accommodation providers and vehicles. This recommendation in no way excludes Riwaya Travel’s liability as established by law.
Any activity or service that is not included in the contract but is freely booked by the traveller from an independent provider is governed by a separate contract with that provider. It is for the traveller to check the terms, risks, prices and insurance before booking. This article does not apply if a service is sold, invoiced, organised or integrated into the contract by Riwaya Travel, even if it is performed by a third party.
In accordance with article L.211-16 of the French Tourism Code, the traveller must inform Riwaya Travel of any non-conformity noted during the trip, without undue delay having regard to the circumstances, so that it can be remedied. Riwaya Travel undertakes to remedy the non-conformity within a reasonable period set by the traveller, except where immediate action is necessary, where remedy is impossible or where it would entail excessive costs relative to the seriousness of the non-conformity and the value of the service concerned. If the remedy is not carried out within the period set, the traveller may, under the conditions laid down by law, remedy it themselves and claim reimbursement of necessary and reasonable expenses. Where a significant part of the services cannot be provided, Riwaya Travel will endeavour to offer, at no extra cost, suitable replacement services where possible. The traveller may also claim a price reduction or compensation in accordance with the legislation in force.
14.1 Principle. Riwaya Travel is liable for the performance of the travel services stipulated in the contract, whether performed by itself or by other providers, while retaining its right of recourse against them, in accordance with article L.211-16 of the French Tourism Code. Riwaya Travel is also required to provide assistance to the traveller in case of difficulty.
14.2 Exemption. Riwaya Travel may be released from all or part of its liability by proving that the damage is due either to the traveller, or to a third party unconnected with the provision of the contracted travel services, or to unavoidable and extraordinary circumstances, in accordance with articles L.211-16 and L.211-17 of the French Tourism Code.
14.3 Price reduction and compensation. The traveller is entitled to an appropriate price reduction for any period of non-conformity, unless the non-conformity is attributable to the traveller, as well as to damages under the conditions laid down by the legislation in force.
14.4 International conventions. Where international conventions set the conditions for compensation owed by a provider of a travel service included in the contract, or limit the extent of such compensation, the same limits apply to Riwaya Travel.
14.5 Limitation of damages. In other cases and in accordance with article L.211-17 of the French Tourism Code, the damages owed by Riwaya Travel are limited to three times the total price of the trip or holiday stated in the contract. This limitation does not apply to personal injury, to damage caused intentionally or through negligence, or to price reductions or refunds owed to the traveller, and does not limit any of the traveller’s fundamental rights.
If a traveller encounters difficulties, Riwaya Travel undertakes to provide without delay the assistance required by the regulations in force. This includes information on health services, local authorities and consular services, as well as help with distance communication and reasonable support in identifying alternative solutions. If the difficulty results from the traveller’s intentional act or negligence, Riwaya Travel reserves the right to charge reasonable fees, limited to the costs actually incurred and in accordance with the law.
Before the contract is finalised, Riwaya Travel informs the traveller of the compulsory or optional insurance that could cover the costs of terminating the contract or assistance costs, in particular repatriation in the event of accident, illness or death. Taking out appropriate insurance, according to the characteristics of the trip, is advisable. Where Riwaya Travel offers insurance, it communicates the conditions, exclusions, excesses and claims procedures before the traveller commits. Please note that the insurance contract is separate from the travel contract.
Before departure, Riwaya Travel provides the traveller with all necessary documents and practical information, including operational and emergency contact details. Depending on the nature of the trip, items such as a travel booklet, an equipment list, a pre-departure briefing or the Responsible Traveller Charter may also be provided. The traveller must check this information and promptly report any inaccuracy concerning their identity, the dates, times, transport tickets and formalities. Practical advice that may change, such as weather conditions, operational timetables or site instructions, does not by itself alter the essential characteristics of the contract.
18.1 During the trip. In the event of a problem or non-conformity, the traveller must promptly inform, as far as possible, the guide, the escort, the local representative, the operational contact provided or Riwaya Travel directly. Travellers are advised to keep any useful evidence, such as photographs, messages, documents and supporting papers.
18.2 After the trip. Any complaint may be sent electronically to contact@riwayatravel.com or by post to Riwaya Travel, 25 rue de Ponthieu, 75008 Paris, France. The complaint must describe the facts and include, where possible, appropriate supporting documents. Complaints should be submitted as soon as possible to facilitate their handling, without this affecting the statutory time limits for legal action.
Once a written complaint has been submitted to Riwaya Travel in accordance with article 18, and if no satisfactory response is obtained, the consumer-traveller may refer the matter free of charge to the Tourism and Travel Ombudsman (Médiateur du Tourisme et du Voyage, MTV) at the following address: BP 80 303, 75823 Paris Cedex 17, or via www.mtv.travel, subject to the admissibility conditions set by the ombudsman. This step must be taken within one year of the written complaint. Mediation is optional, and each party is free to accept or refuse the solution proposed.
Riwaya Travel processes the data necessary for preparing, concluding and performing the contract, and for complying with its legal obligations. The purposes, legal bases, recipients, any transfers outside the European Economic Area, retention periods and data subjects’ rights are set out in the Privacy Policy. The Privacy Policy also covers the rules applicable to passport copies, health data or specific needs, and to the transfers necessary to providers and authorities in Algeria.
The traveller has the rights provided for by the regulations and may lodge a complaint with the CNIL (the French data protection authority). Acceptance of the general terms and conditions of sale does not constitute consent to the use of the traveller’s image or to receiving commercial communications. These consents are optional, are collected separately, and refusing to give them does not affect the contract.
The texts, photographs, programmes, documents, graphic elements and materials produced by Riwaya Travel are protected by intellectual property laws, subject to the rights of their authors or holders. Any reproduction or unauthorised use for commercial purposes is strictly prohibited.
These general terms and conditions of sale are governed by French law, subject to the mandatory protective provisions applicable to the traveller. The provisions of the French Tourism Code relating to package travel and travel services apply where their conditions are met. The parties undertake to seek an amicable solution before commencing any legal proceedings. Failing that, disputes will be submitted to the courts having jurisdiction under the legal rules, without the consumer being deprived of the legal protections to which they are entitled.
If any provision is declared null, unenforceable or contrary to a mandatory provision, it is deemed unwritten, while the other provisions remain in force. Riwaya Travel’s not relying on a provision on a particular occasion does not constitute a waiver of its rights. These general terms and conditions of sale take effect on the date stated in their approved version.
