The General Conditions of Sale are set by articles R.211-3 to R.211-13 of the French Tourism Code, section 2 "Contract for the sale of trips and stays".
Registration for one of our trips implies the acknowledgment and acceptance of the General and Special Conditions of Sale.
The company Music Opera is a travel agency, registered under the number IM075170053. It is covered for professional Insurance of Hiscox Europe Underwriting Limited, 19 rue Louis Le Grand, 75002 Paris, contract n ° HA PRC0156355 and by a financial tourism guarantee by GROUPAMA ASSURANCE-CREDIT & CAUTION, 8-10 rue d'Astorg , 75008 Paris, France, Contract nb° 4000715696.
Subject to the exclusions provided in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel and holiday services shall be subject to the submission of appropriate documents, documents that comply with the rules defined in this section.
In the case of the sale of tickets for transport by air or the sale of tickets for transport by regular services not accompanied by services linked with these transport services, the seller hands over to the purchaser one or more travel tickets for the entire journey issued by the carrier or on his own account. In the case of Demand Responsive Transport (DRT), the name and address of the carrier for whom the tickets are issued must be mentioned.
The separate billing of various elements of the same travel package does not release the vendor from the obligations placed upon him by the regulatory provisions of this section.
The exchange of pre-contractual information or the provision of contractual terms and conditions shall be made in writing. This may also be done electronically, in accordance with the validity and procedural requirements specified in Articles 1369-1 to 1369-11 of the French Civil Code (Code Civil). [The documents] shall state the name or company name and the address of the vendor, as well as a statement of its registration with the register specified in Article L. 141-3 or, if applicable, the name, address and a statement of the registration of the federation or union specified in Article R. 211-2.
Before the contract is entered into, the seller shall provide the consumer with information concerning the price, dates and other components of the services provided in connection with the travel or holiday package, such as:
1 ° The destination, means of transport used and the features and categories thereof;
2 ° The type of accommodation, its location, comfort standards and principal features, and its accreditation or tourism rating under the laws and regulations or customary practice in the country where such accommodation is located;
3 ° Meal services offered;
4 ° A description of the itinerary in the case of a tour;
5 ° The administrative and health formalities to be carried out by nationals or citizens of another European Union member State or of a State that is a party to the European Economic Area agreement, in particular if borders will be crossed, and the deadlines for completing such formalities;
6 ° Visits, excursions and other services included in the price or that may be offered for an additional price;
7 ° The minimum or maximum size of the group required for the travel or holiday package and, if the travel or holiday package requires a minimum number of participants, the latest date for informing the consumer in the event the travel or holiday package is cancelled, which may not be less than 21 days before departure;
8 ° The amount or the percentage of the price to be paid as a deposit at the time the contract is entered into, and the schedule for paying the balance;
9 ° The price revision conditions specified in the contract, in accordance with Article R. 211-8;
10 ° The cancellation conditions specified in the contract;
11 ° The cancellation conditions specified in Articles R. 211-9, R. 211-10 and R. 211-11;
12 ° Information concerning the option to take out an insurance policy covering the consequences of cancellation on certain grounds or a travel insurance policy covering certain specific risks, such as repatriation expenses in the event of accident or illness;
13 ° If the contract includes air travel, the information concerning each flight segment required by Articles R. 211-15 to R. 211-18.
Prior information provided to the consumer binds the vendor, unless the vendor expressly reserved the right to change certain items. In this case, the vendor shall clearly state how such changes may be made and on what basis. In any event, changes made to the pre-contractual information shall be communicated to the consumer before the contract is concluded.
The contract between the vendor and the buyer shall be made in writing, in two copies, one of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, Articles 1369-1 to 1369-11 of the Civil Code shall be applied. The contract must include the following clauses:
1 ° The vendor’s name and address, its guarantor and insurer and the organizer’s name and address;
2 ° The travel destination(s), and, if the stay includes several locations, the various periods and dates;
3 ° The means of transport used and the features and categories thereof, and the departure and return dates and places;
4 ° The type of accommodation, its location, comfort standards and principal features, and its accreditation or tourism rating under the laws and regulations or customary practice in the country where such accommodation is located;
5 ° Meal services offered;
6 ° The itinerary in the case of a tour;
7° Visits, excursions and other services included in the package or possibly available at an extra charge;
8° The total price of the services billed, as well as a statement regarding possible revisions to the amount billed, in accordance with the provisions of Article R. 211-8 ;
9° If applicable, a statement of taxes or fees applied to certain services, such as landing, disembarkation and embarkation fees charged by ports and airports and tourism taxes, if they are not included in the price of the service(s) provided;
10° The schedule and methods for payment of the price. The final payment made by the buyer may not be less than 30% of the price of the travel or holiday package and must be made at the same time that the documents enabling the buyer to travel or go on the holiday are delivered;
11° Any specific terms and conditions requested by the buyer and accepted by the seller;
12° The procedures the buyer must follow to make a claim against the seller for non-performance or inadequate performance of the contract. Such claims shall be sent as soon as possible to the seller, using any means that permits obtaining acknowledgment of receipt, and, if applicable, shall be reported in writing to the travel organiser and the provider of the relevant services;
13° The deadline for informing the buyer in the event the seller cancels a travel or holiday package that requires a minimum number of participants, in accordance with the provisions of Article R. 211-4;
14° The cancellation terms specified in the contract;;
15° The cancellation terms specified in Articles R. 211-9, R. 211-10 and R. 211-11;
16° Information concerning the risks covered and the amount of cover provided by the insurance policy taken out covering the consequences of the seller’s professional civil liability;
17° Information concerning the insurance policy taken out by the buyer covering the consequences of cancellation on certain grounds (policy number and name of the insurer), as well as concerning the travel insurance policy covering certain specific risks, such as repatriation expenses in the event of accident or illness. In all cases, the seller shall provide the buyer with a document specifying, at least, the risks covered and excluded;
18° The deadline for informing the seller in the event the buyer assigns the contract;
19° The undertaking to provide the buyer, at least ten days before the scheduled date of departure, with the following information:
a) The name, address and telephone number of the seller’s local representative or, failing this, the names, addresses and telephone numbers of local organisations that may be able to assist the consumer in the event of a difficulty or, failing this, an emergency number for contacting the seller;
b) In the case of travel or holiday packages abroad involving minors, a telephone number and address permitting direct contact with the child or the person on-site in charge of the holiday;
20° The clause providing for termination and reimbursement without penalty of sums paid by the buyer in the event of non-compliance with the information obligation laid down in Article R. 211-4, paragraph 13;
21° The undertaking to provide the buyer with the departure and arrival times in a timely manner before the start of the trip or holiday package.
Before the contract takes effect, the buyer may assign his contract to an assignee who fulfills the same conditions as the buyer for the travel or holiday package. Except if a more favorable time limit is stipulated, the assignor shall inform the seller of his decision, using any means that permits obtaining acknowledgment of receipt, no later than seven days before the start of travel. In the case of a cruise, this time limit is extended to 15 days. Such assignment shall in no event require the seller’s prior authorization.
If the contract includes an express price revision clause, within the limits prescribed by Article L. 212-12, the contract shall state the precise methods for calculating any price changes, whether it is an increase or a decrease, in particular, the transport costs and the taxes applicable thereto, the currency or currencies that may have an impact on the price of the travel or holiday package, the portion and the currency rate(s) being used as the reference when the price specified in the contract was established.
Where, prior to the departure of the purchaser, the vendor is forced to modify one of the core elements of the contract, such as a significant price increase, and disregards the obligation to inform the purchaser as stipulated in paragraph 13 of Article R. 211-4, the purchaser, without affecting its right to seek damages, and having been informed of the modification by the vendor using any means whereby receipt of this information can be verified, can take the following action:
- either terminate the contract and receive an immediate and complete reimbursement of all monies paid;
- or accept the modification or substitute package proposed by the vendor; in this case an additional clause stipulating the changes must be signed by both parties; a price decrease is to be deducted from any amounts still owed by the purchaser or, if the payment already made by the purchaser exceeds the price of the modified service, the excess amount is to be returned to the purchaser prior to departure.
In the circumstances provided for in Article L. 211-14, where prior to the purchaser's departure the vendor cancels the journey or stay, the latter must inform the purchaser using any means whereby receipt of this information can be verified; the purchaser, without affecting its right to seek damages, then secures an immediate and complete reimbursement of all amount paid; and in this case the purchaser also receives compensation that is at least equal to the penalty that would have been due if the cancellation had been made by the purchaser on the same date. The provisions of this article in no way prevent the parties from reaching an amicable agreement whereby the purchaser accepts the substitute journey or stay proposed by the vendor.
If, following the purchaser's departure, the vendor is unable to provide a significant proportion of the services outlined in the contract, and where this represents a non-negligible percentage of the price paid by the purchaser, the vendor must immediately take the following steps, without affecting the right of either party to claim damages:
- either offer replacement services in lieu of the agreed services, covering any additional costs involved, and, where the services accepted by the purchaser are of an inferior quality, reimburse the price difference upon the purchaser's return;
- or, where the vendor cannot offer any replacement services or where they are refused by the purchaser for valid reasons, provide the purchaser, at no extra cost, with the means to return to the departure location or any other location accepted by both parties in conditions deemed to be equivalent to those of the originally planned journey. The provisions of this article are applicable where there is a failure to respect the obligation stipulated in paragraph 13 of Article R.211-4.
Specific terms of sale
These specific terms of sale have been drawn up in compliance with the provisions of the Toursim Code, which sets the regulations for carrying out activities relating to the organisation and sale of travel and holidays, international conventions, the Civil and Commercial Codes.
It is stipulated that the present specific terms and conditions govern solely to travel and holidays marketed by Music & Opera and to relations with its Customers on the date of booking and are valid in their version given to the Customer at the time of booking.
These specific terms of sale and the description of the services provided to the Customer at the time of booking define the rights and obligations of the parties stipulated in Article R. 211-4 of the Toursim Code, and in some cases to the specific payment and cancellation terms pertaining to certain services. In the latter case, the specific conditions indicated on the description of the product will prevail over the text of the specific terms of sale.
Prior information including price, cancellation, transportation terms and the course of the stay and accommodation may be subject to change after it has been issued and communicated to the Customer; the Client will be informed of the new terms before signing the contract.
The customer is deemed to have consented to, understood and agreed with anything contained in those terms and conditions before proceeding the reservation. Failure to accept all or part of the Conditions by the Customer will result in the Customer waiving the benefits provided by Music & Opera.
1 - Registration
All registration to our trips must be confirmed in writing or made on the website www.music-opera.com and accompanied by a deposit of 40% or the payment of the entire trip. The balance must be paid at least 30 days before departure date, without a reminder from us.
The delivery of the travel documents can only be done after full payment of the trip.
Without payment the client is then liable for the cancellation fees detailled below.
When the stay depends on a minimum number of participants, this condition is indicated in the description of the stay.
Prices included in the travel contracts were calculated on the basis of the parameters during the development.
Prices given are indivisible and any waiver of services included in the package or any interruption of travel due to the customer (even in case of hospitalization or early repatriation), can not be refunded by Music & Opera, unless it is covered by a specific insurance.
Prices shown are for a fixed rate per person in euros, all taxes included. Prices must be reconfirmed by Music & Opera in the travel contract.
Prices include accommodation, show(s), catering, activities, tours and excursions included in the program.
Unless otherwise stated in the travel contract, the following are nor included in the price: transportation, visa and passport fees, tips and gratuities, personal expenses, personal and optional equipment, drinks, etc. Music & Opera declines all responsibility for personal purchases on site.
The prices of the products and services offered by Music & Opera were calculated according to economic data known at the time when the prices were set. They are confirmed to the customer when booking. They are subject to possible modifications that apply to all persons already registered or wishing to register.
Music & Opera reserves the right to modify the prices of the commercial offer such as those of the travel contract within the legal limits provided for in Article L.211-13 and Article R.211-8 of the Toursim Code according to the following modalities.
• Cost of transportation related to fuel cost and exchange rate (applicable to all air and ground transportation required to carry out the program).
• Royalties and fees for transport services such as landing fees, overflight, landing, landing in ports and airports.
• Exchange rates applied to the trip or stay concerned.
• Changes to the shows.
The customer will be notified and may cancel registration if the new price increases by more than 10%. This cancellation will be done at no cost to the customer, but he will not be able to claim any compensation. No dispute regarding these prices can be taken into consideration when the customer returns. It is up to the customer to appreciate before his departure if the price suits him.
Each participant must hold an individual civil liability.
Specific insurance is not included in the price of the stay for trips to France or abroad.
Music & Opera strongly recommends that all clients subscribe to repatriation assistance, cancellation insurance and/or comprehensive insurance when booking a trip or a stay.
For people not residing in Western Europe, we advise to take out insurance in their country of origin.
Please indicate on the travel contract that you are insured individually. We decline any responsibility in case of difficulty with your insurer if its services do not cover the conditions or the activities of the stay. We reserve the right to charge you if additional costs are incurred for your repatriation.
In case of cancellation, insurance premiums and visa fees will not be refunded.
The insurance "Booking Protect" does not apply to travel.
The cancellation policy varies depending on the trip. For trips organized by Music & Opera, any cancellation by the customer must be communicated to the agency as soon as possible by phone and confirmed in writing (email or post). The payments made will be refunded according to the conditions below.
4.1 Cancellation by Music & Opera
The cancellation of the trip by Music & Opera before the beginning of the stay will result in a refund of the stay free of charge, under the provision of Article R. 211-10 of the Toursim Code as stated in the Terms and Conditions above.
Music & Opera may exceptionally be forced to cancel a trip or a stay if:
• The minimum number of participants indicated in the program is not reached. In this case the customer will be notified no later than 21 days before departure and refund the sums paid;
• In case of unforeseen events and security conditions
4.2 Cancellation by the customer
Cancellation fees are as follows:
• 60 days prior to departure: 20% of the total amount of the trip will be charged. To these expenses, the prices of the performance tickets as well as the flights are added. During high season, some hotel rooms may be charged as well and cannot be canceled or refunded. The Client needs to check with the agency for each trip.
• 59 days to 30 days prior to departure: 35% of the total amount of the trip will be charged. To these expenses, the prices of the performance tickets as well as the flights are added. During high season, some hotel rooms may be charged as well and cannot be canceled or refunded. The Client needs to check with the agency for each trip.
• 29 days to 15 days prior to departure: 50 % of the total amount of the trip will be charged. To these expenses, the prices of the performance tickets as well as the flights are added. During high season, some hotel rooms may be charged as well and cannot be canceled or refunded. The Client needs to check with the agency for each trip.
• 14 days to 8 days prior to departure: 75% of the total amount of the trip will be charged. To these expenses, the prices of the performance tickets as well as the flights are added. During high season, some hotel rooms may be charged as well and cannot be canceled or refunded. The Client needs to check with the agency for each trip.
• Less than 7 days prior to departure : 100% of the total amount of the trip will be charged.
5- Modified or shorthened stay
5.1 Modification by the customer
Any request to postpone a date or change the location of a stay is generally considered a cancellation. A name change is not considered a modification but a transfer of contract.
The client must inform Music & Opera for any modification of travel or stay and transmitted by any means to acknowledge receipt thereof (registered letter).
Customer may request the modification of the conditions of his registration, subject to the following availability and cumulative conditions for a non refundable fee of 50 € (this fee is not covered by insurance):
• No change of date of departure and return,
• No change of destination,
• No reduction in the number of participants,
If any of these conditions are not met, a cancellation fee will be charged to the customer under the cancellation schedule (Article 4 above) and a new contract will be established.
As part of an optional insurance, if the customer makes a change, the insurance to which he has subscribed will be renewed on a new trip and readjusted according to the amount of the new trip.
As per the Tourism code article L211-11, if you cannot leave, you can be replaced by a person of your choice, provided that they fulfill the same conditions to make the trip. You must notify Music & Opera no later than 7 days before departure and confirm this change by any means to acknowledge receipt (registered letter). You must indicate the participant’s last name, first name and address. This transfer is subject to a fee of € 50 per person cancellation fees (up to 100% of the ticket price) and visa fees. In case of flight, if tickets are alreday booked, they cannot be changed nor refunded or transfered. The transfer of the contract is also subject to airline availability in order for the new participant to go on the trip and if necessary the deadline for obtaining a visa.You and the person to whom you have transfered the trip are responsible of the full payment of the trip as well as all fees.
5.2 Modification by Music & Opera
The program and descriptions shown may be modified because of circumstances beyond our control like schedules, itineraries or certain services of the program, particularly if those changes come from unforeseen events (weather) or compelling circumstances involving passenger safety, the modification or cancellation of a show by the organizer. We will then take the necessary steps to enable you to make the most of your stay in the best possible conditions.
Music & Opera will inform participants of these changes, and may offer a replacement of equivalent interest. If the customer does not accept the proposed replacements, he may request the cancellation of his contract and the reimbursement of sums already paid.
During the trip or the stay, the program may be modified or adjusted because of security requirements or current weather conditions. In this case, only those responsible for the supervision of the trip or stay are authorized to make the necessary decisions. Music & Opera will respect the conditions of article R. 211-11 of the Code of Tourism mentioned in the General Conditions above.
Music & Opera shall not be held liable for the following:
• Loss or theft of airline tickets when in the possession of the customer (airlines do not issue duplicates).
• Failure to present documents or presentation of identity documents and/or outdated or insufficiently valid health documents (identity card, passport, visas, vaccination certificate, etc.) or presentation of documents not complying with formalities (including to the recommendations of Article 7 below), at the customs or registration police station. In the event of failure to register (including for late boarding), 100% of the total amount of the trip will be retained as a fee.
• Failure to present documents (show tickets or vouchers etc.).
• Incidents or unforeseeable and insurmountable events originating from a third party outside the contract, within the meaning of French case law, such as: wars, political unrest, strikes not originating from Music & Opera or its service providers, airspace congestion, bad weather, delays, (including La Poste delays in transmitting travel documents). The delay(s) suffered as a result of the cases referred to above as well as the itinerary modifications that may result from it may not result in any compensation whatsoever, in particular as a result of the modification of the duration of the program originally planned or delays leading to missed connections or cancellations. Any additional costs related to a disruption (taxes, hotel, parking) will remain the responsibility of the customer.
- In particular, the transport and accommodation conditions may be modified for technical reasons (ie: canceled flights, strikes) and this cannot involve any compensation for any reason whatsoever because of changes in duration and conditions of travel.
- The Customer is solely responsible for any liabilities resulting from its own making, negligence or will.
- The possible transport expenses related to a change of airport remain to the responsibility of the customers.
Any problem or failure in the trip program must be reported in writing and sent by registered mail to Music & Opera within 5 days, after the return of the trip.
After contacting Music & Opera and if there is no satisfactory answer within a maximum of 60 days, you can contact the Tourism and Travel Ombudsman, whose contact details are available on the website: www.mtv.travel.
7- Documents :
7.1 Administrative procedures
Before you register for your trip, you must check that each traveler, depending on his personal situation and nationality, is in possession of a valid passport or national identity card (CNI), and that it will be the one intended and used for the journey as well as any other document(s) (visa / authorization ETSA (see below), authorization to leave the territory) required and in conformity with the requirements for transit and / or enter the country(s) of the trip.
Some countries and/or airlines have implemented new formalities, so for any request for quote or registration, you must now give us:
• Your last name, first name(s) and date of birth shown on your passport or ID (if the destination allows it) used for your trip and to complete the transit or entry authorizations (visa, ETSA) ,
• Specify sex, male (M) or female (F), for each traveler (including children and babies).
Music & Opera will provide information about current mandatory administrative and health formalities and their times of completion for crossing borders but will not be responsible for obtaining them nor their cost, unless otherwise specified by contract. Music & Opera does not provide any other information relating to documents establishing the identity of customers or the conditions necessary to obtain them. Participants must make sure that they are in compliance with the entry formalities specific to the country(s) of destination. If formalities were not filled at the time of departure because of the customer, preventing the completion of the trip, the customer would be considered as a no-show and cannot be refunded the amount of the trip. Foreign customers will have to inquire with the consular authorities themselves, and must complete the necessary procedures to obtain their visas. It is not up to Music & Opera to provide this information or to question customers about their nationality. Changes may occur between the publication of the programs by Music & Opera and the date of departure and Music & Opera will do its utmost to transmit to its customers any accessible information.
If the trip concerns minor children, it is up to the parents to comply with the instructions given to them; each child must have a personal identification document with photograph. Family booklets are not pieces of identification.
In any case, Music & Opera will replace the individual responsibility of customers who need to take their responsibility for obtaining all the formalities before departure (passport generally valid 6 months beyond the contemplated period of stay, visa, health certificate, etc.) and for the entire duration of the journey, including the completion of the customs formalities of the countries regulating the export of objects.
Failure to comply with the formalities, the impossibility of a client to present administrative documents in good standing, whatever the reason, resulting in a delay, the refusal to board the customer or the prohibition to enter the territory abroad, remain under the responsibility of the customer who bears the costs incurred, without Music & Opera refunding or replacing said trip or stay.
The customer must pay particular attention, under his sole responsibility, to the conformity of the names and first names indicated at the time of his booking and confirmed at the conclusion of his travel contract with the mentions of their valid identity papers.
7.2 Security and risk information
Music & Opera advises you to consult the file of the country(s) you are travelling to (country of destination and visited) on the French Ministry of Foreign Affairs (MAE) website, www.diplomatie.fr, it is advised to consult these files on a regular basis.
Health risks: We invite you to regularly consult the information published by the competent authorities on the health risks of the country/countries of your trip and to follow the recommendations and sanitary measures to fight against these risks.
It is up to the customer to report to Music & Opera any health problem requiring special attention or assistance during the trip.
8 . Claims
The traveller can send a claim to the following address:Music & Opera – 16 rue Bleue– 75009 Paris by registered post or by email to [email protected] with all documents.
If you do not get an answer by 60 days or if you are not satisfied by the given answer, the client can contact the "Médiateur du Tourisme et du Voyage", which contacts can be found : www.mtv.travel.