Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE
Dba Antilles Exception
4 rue Pasteur
97215 Rivière Salée
Fax: +596 (0) 596 102 784
Travel Agency IM972120009 - Financial Guarantee certified by the APST (French National Agency for Tourism)
RCS FdF 510.435.423
CAPITAL 30 000 €
Exception Voyage’s sales of tourism packages are governed by the Tourism Code (available here) and the specific terms and conditions of sales are here-below.
Our terms and conditions of sale may change. To avoid any dispute, we invite you to download and save our terms and conditions of sales in pdf format at the time of the purchase of your travel package:
Arrival and departure times:
The rental properties we proposed must be vacated on the day of departure between 11am and 12am at the latest and check-ins are after 5pm. These times can be modified on a case by case basis before the conclusion of the contract. The calculated prices are based per nights and not days. Therefore, if for whatever reason (schedules imposed by airlines, delays, hazards, etc.), the first and last day are shortened by a late arrival or early departure, no refund could take place.
Number of participants during the stay:
The rental property must be occupied by the number of persons stipulated in the contract. It is possible to occasionally invite people at the villa but in case an on-site representative finds the presence throughout the stay of a number of people greater than the number stipulated in the contract, Exception Voyage may ask for compensation prorated to the number of additional persons based on the initial amount of the contract.
In case of refusal, the on-site representative may request the departure of the person(s) not initially mentioned in the contract.
Nuisances and damages:
The customer has the obligation to ensure that the tranquility of the neighborhood is not disturbed. Any parties, ceremonies, etc. must be specified to Exception Voyage before the conclusion of the contract. In case of non-compliance with this clause, the on-site representative may request that the event within the villa be stopped immediately. Depending on the damage or nuisance caused, he may also retain some or all of the deposit.
Cleanliness of the property:
The accommodation must be returned in the state of cleanliness found when check-in the property.
Any special request not subject to a surcharge (connecting rooms, specific situation, etc.) remains at the discretion of the property owner without ever engaging our responsibility in its allocation.
Damage Deposit and final cleaning fee:
The contract stipulates the delivery of a damage deposit to the on-site representative at the time of arrival, after the check-in inventory, as specified on the contracts. This deposit can be paid in cash, if required, upon Exception Voyage‘s agreement, notably in case of non-possession of checks. This deposit will be returned within a maximum period of 14 days after the end of stay inventory. A deduction from the deposit at the discretion of the on-site representative may be made in case of missing and/or broken objects, or the restitution of the property in a state of disorder requiring additional hours of cleaning compared to those normally provided between the check-in and out of two tenants.
Accommodations are not owned by Exception Voyage, and the on-site representative is often employed directly by the owner. In the event of disagreement between the on-site representative and the customer regarding a possible deduction on the deposit, a negotiation will have to be put in place directly between the customer and the owner of the property.
If the damage is estimated to be higher than the deposit paid at the beginning of the stay, a litigation claim may be filed by the owner of the accommodation, with the insurance companies of the various parties. The tenants of the rental property should request the insurance agency of their main home for an addendum (rider) of coverage to their insurance (free in most cases) for the duration of their stay in the rental property. Some rental property owners require this insurance addendum/rider, thus the tenant must, in this case, provide it.
The signed contract may also, depending on the case, stipulates that a final cleaning fee be paid to the on-site representative on the day of arrival, upon delivery of the keys. This fee will not be refunded as it is part of the rental cost.
In the event of refusal by the customer to give the deposit and the payment of the cleaning fee stipulated in his/her contract, the on-site representative is entitled to refuse the delivery of the keys of the property or the departure of the customer if he/she is already on the property.
Possible changes and possible hazards relating to the rental property:
Customers must be aware that what is described to them is the rule but that, due to unpredictable events or changes, they might experience exceptions to the rule. The villas are not a hotel structure. Although the receptive makes every efforts to find a quick solution, a broken down piece of equipment cannot be replaced immediately due to the time necessary for an intervention of an on-site repairperson and will not be subject to compensation. Both civil and religious holidays, strikes and demonstrations in the areas visited are likely to lead to changes in the visits or excursions of the tenant customers, the lessor cannot be held responsible. Similarly, Exception Voyage or the lessor cannot be held responsible for any nuisance due to the neighborhood (road-work, parties ...). As such, no unpredictable nuisance will be subject to compensation.
Location of the rental property:
In the French West Indies, postal addresses only very rarely make it possible to clearly identify the location of a property. To make up for it, each property offered by Exception Voyage is precisely located on Google Map at www.antillesexception.com. The environment as well as the distances of the property with the nearby beaches, the center of the nearest commune and the shops nearby are mentioned in the description of each property, in particular in the paragraph "situation" as well as in the 'details' tab.
Housing technical diagnosis or report:
Upon request of the customer (firstname.lastname@example.org) of a rental property, Exception Voyage will send him the following technical diagnoses:
• risk report of exposure to lead,
• natural and technological risks report,
• Energy performance diagnostic.
Exception Voyage systematically offers its European customers cancellation or multi-risk insurance (cancellation + all risks on site such as medical expenses, repatriation, loss or theft of luggage, etc.). The insurance products presented by Exception Voyage are provided by April (insurance broker specializing in the tourism industry).
The insurance contract is exclusively established between the customer and April. In any case, Exception Voyage does not represent April or any other insurance company relating to any claim whatsoever.
In case of cancellation before departure or loss on site (need for reimbursement of medical expenses, need for repatriation, etc.), the customer must directly use the phone numbers provided by April corresponding to these cases. Travel Exception cannot directly handle this type of request.
In case of cancellation, Exception Voyage will provide all the necessary documents for the reimbursement of the services provided by him. In the event that the insurance covers expenses not provided by Exception Voyage (plane tickets, cruises, etc.) these proofs must be requested by the customer to the companies that provided these services.
In any case, the customer is fully liable for all any damages or accidents that he or she incurs. Therefore, the customer must be insured as a tenant of the property against any damages susceptible to take place during the length of their stay.
The property is provided by the owner, who undertakes to deliver it in a clean and tidy condition, in accordance with the description on the website and the standards of the industry.
However, he cannot be responsible for any theft, loss, accident, damage, or other problems that may occur with respect to all tenants or their property.
The tenants are fully responsible for the objects and personal effects. Tenants are therefore requested to have their own insurance coverage.
The cost of water and electricity are included in the rental price unless otherwise specified in the contract.
Air conditioners are to be used at night only and Exception Voyage must be notified for any daytime use planned in advance. In case of non-compliance with this agreement, a deduction on the deposit may be possible by the on-site representative.
Exception Voyage must be notified of the presence of animals during the rental period. The owner or Exception Voyage cannot be held liable for the consequences resulting from a stray animal. Only the tenant is responsible for damages that his/her animals could cause.
In all cases, including when the rented property has a pool, tenants are solely responsible for the vigilance and safety of the children who accompany them. The owner or Exception Voyage are not liable in case of accident.
Exception Voyage does not own the means of transportation it offers but acts as an intermediary between the customer and the transport companies with which a partnership has been established. These companies are carefully selected beforehand for their seriousness, the quality of the vehicles and the service. The contact information of the representative of the transport company at time of arrival is indicated to the customer once his reservation is validated once the payment due is completed. Unless otherwise stated, the vehicle must be picked up at the airport on the day of arrival. A rental contract is then signed at the time of arrival with the car rental agency indicating all the conditions that we presented (unlimited mileage, franchise, etc.) and in particular the types of insurance included. This contract between the car rental company and the customer is the only one binding and valid.
The description of the accommodations are established with great care. However, we cannot be held responsible for certain changes that have occurred since the publication of the site or certain infrastructures that have not been completed or are temporarily interrupted (for example for renovation work or appliance failure). Since the villas are not a hotel structure, a broken down piece of equipment cannot be replaced immediately, as the time of arrival for an intervention of a repairperson on site is to be taken into account and thus, that delay for repair will not be subject to compensation.
Both civil and religious holidays, strikes and demonstrations in the countries visited are likely to lead to changes in visits or excursions and Exception Voyage cannot be held responsible.
Our prices do not include fees for issuing passports, vaccination certificates, visas, meal expenses in transit when connecting two flights, delivery fees, drinks and tips, exceptional expenses resulting from unforeseen events (strikes, weather conditions, etc.), cancellation and baggage insurance, repatriation insurance, and overnight delivery fees in case of last-minute registration ... Prices, times, itineraries mentioned can be modified as a result of circumstances beyond our control or as a result of events due to force majeure.
In accordance with the air traffic laws, prices may be revised according to the following:
• the change of the cost of transportation, linked to that of fuel.
• the change of transport fees and taxes, such as landing fees, overflight fees, boarding fees, disembarking at ports and airports.
In the event of a significant change in one or more of these elements, we reserve the right to add it to our sale prices, regardless of whether the invoice has been paid partially or in full.
In the event of an increase of more than 8% of the total price of the service indicated on the site, the customer will have the option of canceling his trip free of charge, on the condition of notifying this cancellation more than 30 days before departure, by email with acknowledgement receipt requested. The already received down payments, bearing no interest, will be immediately returned to the client, unless otherwise indicated in the group contracts.
The prices communicated by Exception Voyage will not be modified during the 20 days preceding the trip, with the exception of the taxes & fees related to the carriers and the governments of the countries of departure, transit and arrival, which may be changed without notice until the day of departure.
Our prices vary depending on the period of the trip and sometimes according to the number of participants.
Prices, schedules, itineraries mentioned in our packages, activities or other reservations may be modified as a result of circumstances beyond our control or as a result of events due to force majeure. Apart from typographical errors always possible, they may be subject to slight modifications, according to new pricing conditions proposed by Exception Voyage or its providers.
No refund will be given to the customer who has found, during his stay, different rates: Exception Voyage cannot be held responsible for punctual or promotional operations organized on site or by other tour operators.
Cancellation or modification fees (date of departure or accommodation) due to the client:
ARTICLE L.121-20-4 OF THE CONSUMER CODE UNDER FRENCH LAWS:
Accommodation, transportation, catering and leisure services provided on a specific date or period do not fall within the scope of the 7-day cooling-off period applied by the French Consumer Code. The purchase of those services from Exception Voyage is confirmed by the payment of a down payment. Once this payment is received, the cancellation terms and conditions indicated below apply in full force immediately. Cancellations must be reported to Exception Voyage by email with acknowledgement receipt requested. The cancellation date taken into consideration in the calculation of the fees is the date of the acknowledgement of receipt.
Two types of cancellation exist:
PARTIAL CANCELLATION: A part of the group cancels the stay and the other members maintain their trip and the totality of the reserved services. In this case, the following provisions apply:
For a package or stay in all destinations:
• 100% of the amount of the service provided regardless of the date of cancellation are due
FULL CANCELLATION: The entire group cancels the stay and the totality of the services. In this case, the following provisions apply depending on the destination and the delay between the day of the cancellation and the planned date of departure:
Stay in Martinique, Guadeloupe, Saintes or Marie Galante:
• 30% of the amount of the stay more than 35 days before departure,
• 50% of the amount of the stay: from 35 to 21 days before departure,
• 75% of the amount of the stay: from 20 to 12 days before departure,
• 100% of the amount of the stay: less than 12 days before departure.
Some airline tickets are non-refundable and this fact is always stated on the booking voucher (with the exception of airport taxes which are always refundable). In this case, only services other than air transfers are applied to the above rates.
Stay in the Dominican Republic:
• 30% of the amount of the stay more than 65 days before departure (minimum 100 €),
• 50% of the amount of the stay: from 65 to 35 days before departure,
• 100% of the amount of the stay: less than 35 days before departure.
Some airline tickets are non-refundable which fact is always stated on the booking voucher (with the exception of airport taxes which are always refundable). In this case, only services other than air transfers are applied to the above rates.
Stay in Saint Martin or Saint Barthelemy:
• 30% of the amount of the stay excluding Visitor's Tax and Service Charge more than 65 days before departure (minimum 100 €),
• 100% of the amount of the stay excluding Visitor's Tax and Service Fees less than 65 days before departure.
Except for the end of the year holiday season (for any stay including the night of December 24 and/or December 31):
• 30% of the amount of the stay excluding Visitor's tax and service charge more than 95 days before departure (minimum 100 €),
• 100% of the amount of the stay excluding Visitor's Tax and Service Fees less than 95 days before departure.
Some airline tickets are non-refundable and this fact is always stated on the Reservation Form (with the exception of airport taxes which are always refundable). In this case, only services other than air transfers are applied to the above rates.
Terms of payment:
A full payment may be required at the time of booking.
Any bank transfer issued from a bank outside France must be denominated in Euros only. Transfers from abroad can lead to bank charges. These charges are the responsibility of the Customer.
In the absence of a full payment within the deadlines mentioned in the contract, Exception Voyage is entitled to consider that the Customer has canceled his reservation. Before receipt and collection of the full payment, Exception Voyage is not required to issue any travel documents. However, the Customer remains in all cases responsible for the payment of all amounts agreed for the products or services ordered.
A debt discharge is not considered by the sole communication of a credit card number but solely until the confirmation of reception by our payment center is obtained or a transfer is confirmed by our bank.
Non-compliance by the Customer with the terms of payment will be considered by Exception Voyage as a cancellation requested by the Customer. In the event that the payment proves to be irregular, incomplete or non-existent, for any reason whatsoever, the sale of the reserved services would be canceled, and the cancellation cost would be borne by the Customer.
Failure to comply with the deadlines for payments that have been validated at the time of booking, will result in a handling fee of 25 Euros and a postage fee of 30 Euros.
Transfer of contract:
In accordance with Article L. 211-11 of the French Code du Tourisme, you have the option to transfer your contract to a person fulfilling the same conditions as you, as long as it does not produced any effect (especially as long as the airline tickets have not been issued) and up to 7 days before departure, by informing the agency within a reasonable time. You and the beneficiary of the reservation transfer remain jointly liable for the full payment of the balance of the contract and the transfer fees that will be communicated to you. The customer must inform the travel agency of the transfer, by email with acknowledgement receipt requested, at least 7 days before departure.
For information, the operations following a transfer of contract may involve costs between € 100 and € 500, depending on the number of people involved and the proximity of departure.
Cancellation by the Exception Voyage:
The cancellation of an option posed on an accommodation by Exception Voyage following a written or oral request of the customer cannot result in compensation to the customer. A reservation becomes effective and is therefore subject to conditions in case of cancellation only after a down payment is made by the customer and received by Exception Voyage.
If Exception Voyages cancels the proposed service within 7 days of the customer's first payment, the sums paid will be refunded in full to the customer without any additional compensation in favor of the latter, regardless of the duration between the reservation date and the date of booking and the departure date (so including for last minute requests).
In the event of cancellation by Exception Voyage after the 7 days following the first payment of the customer, the following provisions apply:
In case of cancellation by Exception Voyage, the latter shall provide the accommodation and services provided in another accommodation of the same destination of at least the same category and will cover the transfer expenses caused by this change.
Insofar as these conditions are respected, the customer will not be able to refuse this alternative proposal of stay. If these conditions are not respected all the sums paid will be refunded to the customer.
The customer cannot claim any compensation if the cancellation of the trip is imposed by circumstances of force majeure/acts of God or for reasons relating to the safety of travelers. Similarly, the customer cannot claim any compensation if the cancellation of the trip occurs for insufficient number of participants 21 days of departure and beyond when this point is specified in the contract.
Any downward change in participation may result in a rate revision for participants who maintain their trip.
The provisions of this article do not in any way prevent the conclusion of an amicable agreement for the purpose of accepting, by the customer, a trip or alternative stay proposed by the seller. No reimbursement of services provided by companies other than Exception Voyage (air tickets, car rental, etc.) will be possible.
Modifications of contract made by Exception Voyage:
If, for reasons beyond its control, Exception Voyage is forced to modify, before the departure, the services originally planned, the customer has a period of 7 days to refuse the proposed alternative. In this case it will be fully refunded.
Modification of contract at the request of the customer:
In case the customer wishes to modify one of the characteristics of his contract (change of date of arrival or departure, modification of the duration of the stay, the number of participants, assignment of contract, etc.) and to the extent that these modifications are possible and thus realized by Exception Voyage, a fee of 100 to 150 euros, covering the expenses necessary for these modifications, will be requested. Voyage Exception is under no obligation to accept a contract amendment and remains free to submit a modification of stay on the conditions it deems appropriate.
Any claim for non-performance or improper performance of the travel contract must be reported to Exception Voyage by email with acknowledgement of receipt requested, in the month following the return of the client of the trip. Failure to comply with this deadline may affect the quality of the processing of the claim.
Litigation, dispute, Claims
Any complaint or report of non-conformity must be reported to Exception Voyage during the stay so that his team can intervene as quickly as possible:
Telephone: +596 (0) 596 784 780 or, outside opening hours: +596 (0) 696 06 39 37 or +590 (0) 690 94 38 11
If the client considers that Exception Voyage has not satisfied his request, he must indicate it by mail to Exception Voyage.
Any complaint from the customers, not indicated during the stay, will be considered as inadmissible.
For any dispute settlement procedure, we invite you to contact The Tourism and Travel Mediation: https://www.mtv.travel
You can also contact the European Platform for Online Dispute Resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
Someone with reduced mobility:
In general, trips offered by Exception Voyages are not adapted to people with reduced mobility
The passenger and all those traveling with him must have repatriation insurance. This insurance is usually included in Visa, Mastercard and many personal insurance contracts. It is however the passenger to verify that it is properly insured. If a participant in the trip does not have repatriation insurance, he/she will be required to take one, either from Exception Voyage or from another company.
Jurisdiction in case of dispute:
The main treaties relating to the competent jurisdiction are the Brussels Convention of 27 September 1968 and the European Council Regulation EC No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commerce matters. The Lugano Convention of 16 September 1988 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters. The jurisdiction in case of litigation is Tribunal Mixte de Fort de France.
This contract is subject to French laws. The Contracting Parties shall keep each other informed of the difficulties which may arise from the interpretation or performance of the contract and shall, by mutual agreement, make all appropriate arrangements to resolve them. In case of dispute, they will endeavor to reach an amicable settlement. Otherwise, litigation will be brought before the Courts of Fort de France to which the parties attribute jurisdiction.