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Terms and Conditions of Sale

ARTICLE 1 — NOMADAYS IDENTITY

The trips offered on this website are marketed by:

Nomadays SAS
RCS Béziers: 837 904 267

Registered office:
10 Allée Jean Bringer, 34260 Le Bousquet d'Orb, France

Atout France registration: IM034190008

Financial guarantee: APST — 89 rue La Boétie, 75008 Paris, France

Professional liability insurance: HISCOX — Contract HA RCP0303866

Email: service.clientele@nomadays.com
Website: www.nomadays.fr

ARTICLE 2 — PURPOSE OF THESE TERMS AND CONDITIONS

These General Terms and Conditions of Sale (GTC) define the general framework applicable to trips marketed by Nomadays.

Each booking is also governed by:

  • the quote validated by the traveler;
  • the confirmed travel itinerary;
  • the Particular Conditions of Sale (PCS) applicable to the trip in question;
  • these General Terms and Conditions of Sale.

In case of contradiction, the Particular Conditions of Sale shall prevail over these General Terms and Conditions of Sale.

ARTICLE 3 — PRE-CONTRACTUAL INFORMATION

Prior to the conclusion of the contract, the traveler receives the pre-contractual information required by articles L.211-8 and following of the Tourism Code, in particular the standardized information form relating to rights applicable to package travel, the main characteristics of the services, the price and payment conditions as well as the cancellation conditions.

This information is an integral part of the contract and may only be modified under the conditions provided herein and by applicable regulations.

ARTICLE 4 — TRAVEL ORGANIZATION MODEL

Nomadays sells trips designed in collaboration with specialized local partner agencies in their destination.

In this framework:

  • Nomadays handles the marketing of trips, contracting with travelers, payment collection, administrative file management and coordination of customer relations;
  • the local partner agency ensures trip design, operational organization, local bookings, service delivery at destination as well as traveler assistance during their stay.

The local agency identity applicable to each trip is specified in the contractual documents provided to the traveler.

ARTICLE 5 — CONTRACT FORMATION

The travel contract is deemed concluded when:

  • the traveler validates the proposed quote;
  • the traveler accepts the applicable Particular Conditions of Sale;
  • the payment requested at the time of booking is actually received.

The contract includes the validated quote, the confirmed itinerary, the Particular Conditions of Sale and these General Conditions of Sale. The contractual documents are archived in the traveler's customer account.

ARTICLE 6 — PRICING

The prices displayed or communicated are expressed in the currency indicated on the quote. They are established in particular based on local economic conditions, availability at the time of booking, the cost of services, applicable taxes and fees, and exchange rates.

The contractual price applicable is the one stated in the quote validated by the traveler.

In accordance with the travel agency margin scheme (article 266-1-e of the French General Tax Code), the applicable value added tax is calculated on the margin for services provided within the European Union. Services provided outside the European Union are exempt from value added tax (article 262 bis of the French General Tax Code).

ARTICLE 7 — PRICE REVISION

In accordance with articles L.211-12 and following of the French Tourism Code, the agreed price may be revised, up or down, to reflect changes in:

  • transport costs, linked in particular to fuel prices or other energy sources;
  • taxes and fees applicable to services (accommodation taxes, embarkation or disembarkation taxes, etc.);
  • exchange rates applicable to the trip.

No revision can take place within twenty (20) days before departure. When a price increase exceeds 8% of the total price, the traveler may terminate the contract free of charge or accept the proposed modification, under the conditions provided by the Tourism Code.

ARTICLE 8 — PAYMENT

The payment terms applicable to each trip are specified in the Particular Conditions of Sale and in the trip's contractual documents. Payments are made to Nomadays.

Failure to pay any due amount may result in the suspension or cancellation of the relevant services under the conditions set out in the contractual documents.

ARTICLE 9 — CONTRACT ASSIGNMENT

In accordance with Article L.211-11 of the French Tourism Code, the traveler may assign their contract to an assignee meeting the same conditions as them to undertake the trip, by notifying Nomadays by any means allowing acknowledgment of receipt no later than seven (7) days before the start of the trip.

The assignor and assignee are jointly liable for payment of the remaining balance and any additional fees incurred by the assignment, the amount of which Nomadays will justify.

ARTICLE 10 — MODIFICATION AND CANCELLATION BY THE TRAVELER

The conditions for modification and cancellation at the traveler's initiative applicable to each trip are defined in the Particular Conditions of Sale.

These conditions may vary depending on the destination, travel period, service providers involved and the nature of the services booked.

ARTICLE 11 — MODIFICATION AND CANCELLATION BY NOMADAYS

Nomadays may modify certain elements of your trip before departure. When a modification affects an essential characteristic of the services, the traveler is informed as soon as possible and may, depending on the case, accept the modification or terminate the contract under the conditions provided by the Tourism Code.

Nomadays may cancel the trip when the minimum number of required participants is not reached, provided it informs the traveler within the legal timeframes, namely no later than twenty (20) days before departure for trips of more than six days, seven (7) days for trips of two to six days and forty-eight (48) hours for trips of less than two days.

Nomadays may also cancel the trip in the event of exceptional and unavoidable circumstances preventing it from performing the contract. In cases of cancellation covered by this article, the traveler receives a full refund of sums paid, without however being able to claim additional compensation.

ARTICLE 12 — ADMINISTRATIVE AND HEALTH FORMALITIES

The traveler is solely responsible for completing the administrative, customs and health formalities required for travel (passport, visa, vaccinations, tests, various authorizations), for themselves and for any persons in their care.

The information provided by Nomadays on this subject is for informational purposes only and is subject to change; it is the traveler's responsibility to verify it with the relevant authorities up to the day of departure.

Nomadays cannot be held responsible for the consequences of any defect, irregularity or expiration of these documents, including denial of boarding or entry to a territory, which shall not give rise to any refund.

ARTICLE 13 — TRAVELER'S OBLIGATIONS AND TRIP EXECUTION

The traveler agrees to provide all necessary information in a timely manner for the proper execution of the trip and to comply with reasonable instructions communicated to them.

In the event of any difficulty during the stay, the traveler is invited to contact without delay the local partner agency or Nomadays so that a solution can be sought as quickly as possible.

Failure to report a problem that could be resolved on-site may be taken into consideration when examining any potential claim.

ARTICLE 14 — LIABILITY

Nomadays is responsible for the proper performance of the obligations resulting from the travel contract in accordance with the applicable provisions of the Tourism Code.

However, Nomadays cannot be held liable when non-performance or poor performance of the contract is attributable to:

  • to the traveler;
  • to a third party external to the provision of services provided for in the contract and presenting an unforeseeable or inevitable character;
  • to exceptional and inevitable circumstances.

The local partner agency remains responsible for the operational execution of the services it organises and provides on destination.

ARTICLE 15 — LIMITATION OF LIABILITY

Where international conventions or specific rules govern the services provided, particularly with respect to transport, compensation due by Nomadays shall be provided within the limits and conditions set out in these texts.

For damages other than bodily injury and not resulting from either intentional misconduct or negligence, compensation that may be due by Nomadays is limited to three times the total price of the trip, in accordance with article L.211-17-1 of the French Tourism Code.

ARTICLE 16 — INSURANCE

The traveller is invited to verify that they have adequate insurance coverage for their trip, particularly with regard to assistance and repatriation.

Nomadays proposes, as applicable, the purchase of travel insurance through specialized partners. The choice made by the traveller appears in the travel contract documents. The coverage, exclusions, limits and compensation procedures are governed exclusively by the insurance contract purchased.

ARTICLE 17 — COMPLAINTS

Any difficulty encountered during the trip must be reported as soon as possible to the local partner agency or to Nomadays so that a solution can be found on site.

Any complaint following the trip must be submitted in writing to Nomadays within thirty (30) days following the return date. Nomadays and the local partner agency cooperate to examine complaints and seek an appropriate solution.

ARTICLE 18 — MEDIATION

After contacting Nomadays customer service and failing to receive a satisfactory response within sixty (60) days, the traveler may resort free of charge to the Travel and Tourism Mediator: MTV — Mediation Tourism and Travel — www.mtv.travel.

ARTICLE 19 — INTELLECTUAL PROPERTY

The quote, detailed itinerary and documents provided to the traveler are protected under intellectual property rights.

Any reproduction, distribution or use for commercial purposes without prior authorization is prohibited.

ARTICLE 20 — PERSONAL DATA

Travelers' personal data is processed in accordance with the Privacy Policy accessible on the Site.

ARTICLE 21 — APPLICABLE LAW

These General Terms and Conditions of Sale are governed by French law.

Any dispute relating to their interpretation or performance shall be subject to an initial attempt at amicable resolution. Failing an amicable agreement, the competent courts shall be determined in accordance with the applicable rules of law.