French Tourism Code
In forceI.-The following constitute a travel service:
1° The carriage of passengers;
2° Accommodation that is not an integral part of the carriage of passengers and that does not have a residential purpose;
3° The hire of private cars, other category M vehicles within the meaning ofArticle R. 311-1 of the Highway Code with a maximum design speed exceeding 25 km/h or motorbikes within the meaning of Article R. 311-1 of the Highway Code, the driving of which requires possession of a category A driving licence in accordance with the provisions of article R. 221-4 of the same Code;
4° Any other tourist service that is not an integral part of a travel service within the meaning of 1°, 2° or 3°.
II.-A.-Constitutes a tourist package when at least two different types of travel services are combined for the purposes of the same journey or holiday stay, exceeding twenty-four hours or including an overnight stay, if :
1° These services are combined by a single professional, including at the traveller's request or in accordance with the traveller's choice, before a single contract including all these services is concluded;
2° Irrespective of whether separate contracts are concluded with individual providers of travel services, these services are:
a) Purchased from a single point of sale and chosen before the traveller agrees to pay;
b) Offered, sold or invoiced at an inclusive price or total price;
c) Advertised or sold under the name "package" or a similar name;
d) Combined after the conclusion of a contract under which a professional allows the traveller to choose from a selection of different types of travel services;
e) Or purchased from separate professionals using linked online booking procedures, where the traveller's name, payment details and e-mail address are passed on by the professional with whom the first contract is concluded to one or more other professionals and where a contract with the latter is concluded no later than twenty-four hours after confirmation of the booking of the first travel service.
B.-Combinations of travel services in which only one of the types of travel service mentioned in 1°, 2° or 3° of I is combined with one or more of the tourist services mentioned in 4° of I do not constitute a package if the latter services :
1° Do not represent a significant proportion of the value of the combination, are not advertised as being an essential feature of the combination or do not in any way constitute such a feature, or
2° Are chosen and purchased only after the performance of a travel service mentioned in 1°, 2° or 3° of I has begun.
III.The combination of at least two different types of travel services purchased for the purposes of the same trip or holiday stay, covering at least twenty-four hours or one overnight stay, not constituting a package and involving the conclusion of separate contracts with individual travel service providers, constitutes a tied travel service if a professional facilitates :
1° On the occasion of a single visit to his point of sale or a single contact with him, the separate choice and separate payment of each travel service by travellers or
2° In a targeted manner, the purchase of at least one additional travel service from another professional when the contract with this other professional is concluded no later than twenty-four hours after confirmation of the reservation of the first travel service.
When only one of the types of travel service mentioned in 1°, 2° or 3° of I is purchased and one or more of the tourist services mentioned in 4° of I, these do not constitute a tied travel service if the latter services do not represent a significant proportion of the combined value of the services and are not advertised as being an essential feature of the holiday journey or stay or do not in any way constitute such a feature.
IV - For the purposes of this Chapter, the traveller is a person seeking to conclude a contract falling within the scope of this Chapter or having the right to travel on the basis of such a contract already concluded.
A trader is a natural or legal person, whether public or private, who acts, including through another person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in respect of contracts falling within the scope of this Chapter, whether acting in his capacity as an organiser, retailer, professional facilitator of related travel services or provider of travel services.
An organiser is a professional who prepares tourist packages and sells or offers them for sale, directly or through the intermediary of another professional or jointly with another professional, or a professional who transmits the traveller's data to another professional in accordance with e of 2° of A of II.
A retailer is a professional other than the organiser who sells or offers for sale packages put together by an organiser or travel services provided by another professional.
V.-For the purposes of this chapter, the following definitions apply
1° Point of sale: any commercial site, whether movable or immovable, or a commercial website or similar online sales structure, including where commercial websites or online sales structures are presented to travellers as a single structure, including a telephone service;
2° Durable medium: any instrument which enables the traveller or the trader to store information addressed personally to him in a way which allows subsequent reference to be made to it for a period of time appropriate to the purpose for which the information is intended and which allows the unchanged reproduction of the information stored;
3° Exceptional and unavoidable circumstances: a situation beyond the control of the party invoking the situation, the consequences of which could not have been avoided even if all reasonable measures had been taken.
