Terms and Conditions of Sale.

01Preamble

Article 1.1. Identification of the seller

TOGEZER, a simplified joint-stock company registered with the Marseille Trade and Companies Register (RCS) under number 819 330 796, whose registered office is located at 46 avenue Paul Dalbret, 13013 Marseille. Telephone: +33 (0)4 65 84 99 04. Email address: contact@terra-phi.com. Legal representative: Thomas LOUBERT, Chairman. Registration in the register of travel and holiday operators: IM013230017. Financial guarantor: APST, 89 rue La Boétie, 75008 Paris. Professional civil liability insurer: Hiscox - Tourisme Pro, 12 quai des Queyries, CS 41177, 33072 Bordeaux. Hereinafter referred to as « Terra Phi ».

Article 1.2. Purpose

The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the marketing by Terra Phi of tourism services supplied directly by the entity or by partner providers, to persons having the status of consumers or non-professionals within the meaning of the French Consumer Code (Code de la consommation) or of travellers within the meaning of the French Tourism Code (Code du tourisme) and having the legal capacity to contract (hereinafter referred to as « the Customer(s) »).

Article 1.3. Definitions

Customer: a natural person having the status of consumer or non-professional within the meaning of the French Consumer Code (Code de la consommation), or of traveller within the meaning of the French Tourism Code (Code du tourisme), who contracts with Terra Phi under these terms and conditions of sale. Service: a travel service, tourism service or package travel service within the meaning of Article L. 211-2 of the French Tourism Code (Code du tourisme).

02Content and scope of application

These terms and conditions of sale apply as of right to all services sold or offered for sale by Terra Phi. They apply to sales made through all distribution and marketing channels. Any order or purchase implies unreserved acceptance of these terms and conditions of sale, which prevail over any other conditions, with the exception of those expressly accepted by Terra Phi and appearing on the booking confirmation. The Customer declares that they have read and accepted these terms and conditions of sale prior to their booking and the conclusion of the contract.

03Pre-contractual information

The Customer acknowledges that, prior to placing their order and/or concluding the contract, they were provided, in a legible and comprehensible manner, with these general and specific terms and conditions of sale and with all the information listed in Article L. 221-5 of the French Consumer Code (Code de la consommation) as well as in Article R. 211-4 of the French Tourism Code (Code du tourisme). The Customer further acknowledges that they were provided with the form prescribed pursuant to the decree (arrêté) of 1 March 2018 « establishing the standard information form for the sale of trips and holidays ».

04Price

Article 4.1. Final price and additional taxes

The final price is quoted in dollars (USD) or in euros depending on the country of destination and the identity of the local inbound agency, all taxes included, per person or in the form of a package in the case of groups. Unless otherwise stated in the contract, the price includes: domestic flights, transfers at the destination, accommodation, meals (where specified) and booked excursions or activities; more generally, the items set out in the quote and the booking confirmation. Unless otherwise stated in the contract, it does not include pre- and post-transport, international flights, the single room supplement, meals not mentioned, optional insurance, personal expenses, or optional excursions or activities. Where a Customer occupies alone a room intended for two people, a « single room supplement » is charged to them, indicated in the price before validation of their order.

Article 4.2. Payment terms

The Customer guarantees to Terra Phi that they hold any authorisations that may be necessary to use the chosen means of payment, at the time of validation of the contract. Terra Phi reserves the right to suspend all management of the booking and all performance of the services in the event of refusal of card payment authorisation or in the event of non-payment of any sum due. Payments will only be considered final once actually received. Means of payment: (a) by credit or store card (carte bleue, Visa, Eurocard/Mastercard); (b) by bank transfer (charges payable by the Customer). In the event of payment in USD, the Customer undertakes to use a means of payment enabling them to pay in that currency.

05Price revision

Terra Phi applies the rates in force indicated at the time of booking but reserves the right to modify its prices under the conditions of this article. In accordance with Article L. 211-12 of the French Tourism Code (Code du tourisme), the price may be modified upwards or downwards after validation of the booking to take into account changes in: 1° the price of passenger transport resulting from the cost of fuel or other energy sources; 2° the level of taxes or fees on the travel services included in the contract; 3° the exchange rates relating to the contract. Any increase will be notified clearly no later than twenty days before the start of the services, with justification and calculation. The Customer is reciprocally entitled to a price reduction in the event of a decrease in these costs (Terra Phi being able to deduct its actual administrative expenses). If the increase exceeds 8% of the total price, the Customer may accept the modification or terminate the contract free of charge and obtain a refund of the payments already made.

06Bookings

Terra Phi offers an offline remote booking system (by telephone or by email). The information appearing on its website is not contractual but merely informative. Terra Phi works in collaboration with local inbound agencies of the Terra Gaïa network. The Customer may contact either Terra Phi or a local inbound agency by telephone or by email in order to arrange an appointment for an initial discussion. Following this appointment, a quote together with these terms and conditions of sale is sent by email; this email contains a fill-in-the-blanks text to be returned duly completed to confirm the quote. The quote may be modified before its acceptance. In all cases, payment must be made to Terra Phi. The quote is confirmed once Terra Phi has received the Customer's acceptance together with a deposit of 30% of the amount of the services and full payment of the price of the domestic flights. The balance is paid in accordance with the deadline indicated on the quote (for land services excluding flights: balance due 45 days before departure). For any booking made less than 45 days before departure, 100% of the amount is payable at the time of booking. Following payment, the Customer receives by email a travel booklet and their travel documents.

07No right of withdrawal

Article L. 221-28 of the French Consumer Code (Code de la consommation) provides that the right of withdrawal may not be exercised for contracts for the provision of accommodation services (other than residential), transport of goods, car rental, catering or leisure activities provided on a specific date or during a specific period. Article L. 221-2 of the same code also excludes this option for the transport of persons and package travel. Terra Phi relies on this absence of a right of withdrawal: for all services falling within this scope, the Customer shall have no right of withdrawal.

08Modification of the contract

Article 8.1. Modification at Terra Phi's initiative

Terra Phi may unilaterally modify the terms of the Contract after its conclusion and before the start of the service, without any possible objection from the Customer, provided that the modification is minor and that the Customer is informed of it as soon as possible in a clear manner on a durable medium (e.g. a change to equivalent accommodation). If Terra Phi has to modify a main characteristic of the contract (Art. R. 211-4 of the French Tourism Code, Code du tourisme), cannot meet the specific requirements agreed, or in the event of a price increase exceeding 8%, it will inform the Customer as soon as possible: the proposed modifications and their impact on the price; the deadline for reply; the consequences of a failure to reply; where applicable, a substitute service and its price. A reduction in quality gives rise to an appropriate price reduction. If the contract is terminated and the Customer does not accept another service, Terra Phi refunds all payments no later than fourteen days after termination.

Article 8.2. Modification at the Customer's initiative

Any stay shortened, not used or begun late through the Customer's own fault gives rise to no refund. Terra Phi is bound only in respect of the services sold. The following cannot engage its liability: any service taken out by the Customer other than that invoiced by Terra Phi; any modification of the services at the Customer's initiative. Any modification originating from the Customer must be expressly accepted in writing by Terra Phi.

09Termination of the contract

Article 9.1. Termination by the Customer

The Customer may terminate the contract at any time before the start of the service, by informing Terra Phi by email. Terra Phi may retain termination fees from the deposits or balance paid, in accordance with the following schedule:

• Cancellation more than 120 days before departure: 10% of the total amount retained;
• Cancellation from 119 to 90 days before departure: 20% retained;
• Cancellation from 89 to 46 days before departure: 30% retained;
• Cancellation from 45 to 30 days before departure: 60% retained;
• Cancellation less than 30 days before departure: 100% retained.

These fees are not due if the termination follows exceptional and unavoidable circumstances at or near the place of destination, having significant consequences on the performance of the contract: Terra Phi then refunds all payments in full, without any additional compensation. Air services are non-refundable once Terra Phi has purchased transport tickets that are neither modifiable nor exchangeable. The cancellation date is the date on which Terra Phi receives the Customer's request.

Article 9.2. Termination by Terra Phi

Terra Phi may terminate the contract at any time before the start of the service. The Customer is entitled to compensation equivalent to that which they would have borne in the event of termination on their part. However, no additional compensation is due if: 1) the number of persons enrolled is below the minimum indicated in the contract (notification within the deadlines: 20 days before for trips of more than six days; 7 days before for those of two to six days; 48 hours before for those of less than two days); 2) Terra Phi is prevented from performing the contract due to exceptional and unavoidable circumstances (notification to the traveller as soon as possible).

10Assignment of the contract

The Customer may assign their contract to an assignee meeting the same conditions, as long as the contract has not yet taken effect, provided they inform Terra Phi by any means allowing an acknowledgement of receipt no later than seven days before the start of the trip (no prior authorisation is required). The assignor and the assignee are jointly and severally liable for the payment of the balance and any additional fees. Important: tickets on domestic flights are issued in the passenger's name; an assignment may entail reissue fees and, for non-transferable tickets, the cost of the ticket remains payable by the assignor or the assignee. A late assignment may render certain domestic flights unavailable.

11Conformity guarantee

The Customer must notify Terra Phi of any defects and/or lack of conformity as soon as possible from the supply of the services (Art. L. 211-16 II of the French Tourism Code, Code du tourisme), with supporting documents. Defects will give rise to rectification, substitution, price reduction or refund according to the significance of the non-conformity. Terra Phi's guarantee is limited to the refund of the services actually paid for; its liability cannot be engaged in the event of force majeure or exceptional or unavoidable circumstances. In accordance with Article R. 211-6, 4° of the French Tourism Code (Code du tourisme), the Customer may promptly contact Terra Phi at the contact details in Article 1.1 to request assistance or to report any lack of conformity.

12Protection of personal data

Article 12.1 - Data collected: in connection with the sale of tourism services, Terra Phi collects the following data: first name, surname, title, postal address, email address, telephone number, date and place of birth, identity document (number and date/place of issue), driving licence, family composition and any particulars noted in the contract.

Article 12.2 - Purpose pursued: the collection is essential for contractual performance; in the event of refusal, the Customer exposes themselves to difficulties of performance. The data is collected, on the basis of consent, for the purposes of: identification of persons, formalisation of the contractual relationship, provision of the services, management of contracts and bookings, communication to partners, accounting and customer relationship follow-up, processing of management operations, commercial communications and prospecting.

Article 12.3 - Authorised persons: Terra Phi's employees and its partners involved in the services, and where applicable the subcontractors participating in the provision/administration of the services, in compliance with the regulations.

Article 12.4 - Retention: the data is retained for the legal period relating to the purpose of the processing and for a maximum of 5 years. Bank card data is retained solely for the time necessary for the transaction. Terra Phi implements appropriate security measures, without being able to guarantee 100% security on the Internet.

Article 12.5 - Rights: each user has a right of enquiry, access, modification, objection and rectification, on legitimate grounds. These rights are exercised by email to contact@terra-phi.com, enclosing a copy of an identity document. The Customer may at any time lodge a complaint with the French data protection authority (CNIL, www.cnil.fr).

Article 12.6 - Modification: Terra Phi may modify this clause at any time and will publish the new version on its website, informing users by email at least 15 days before the effective date.

Article 12.7 - Objection to telephone canvassing: you may register on the telephone canvassing objection list at www.bloctel.gouv.fr.

13Language of the contract

These terms and conditions of sale are drawn up in the French language. Should they be translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

14Insurance

Terra Phi is insured against the financial consequences of its professional civil liability as set out in Articles L. 211-16 and L. 211-17 of the French Tourism Code (Code du tourisme). The cover also covers damage caused to travellers, providers or third parties as a result of faults, errors, omissions or negligence committed in connection with the offer, organisation and sale of Services. The Customer undertakes to hold and keep up to date their civil liability insurance to cover the damage they may cause.

15Minor children

Where minors, not accompanied by a parent or another authorised person, travel under a contract including accommodation, Terra Phi provides information enabling direct contact to be established with the minor or with the person responsible for the minor at the place of stay.

16Terra Phi's liability

Article 16.1 - Strict liability: Terra Phi is strictly liable for the tourism services contracted. It may however exempt itself from all or part of its liability by proving that the damage is attributable to the Customer, to a third party unconnected with the supply of the services, or to exceptional and unavoidable circumstances (Art. L. 211-16 of the French Tourism Code, Code du tourisme).

Article 16.2 - Limitation of liability: in accordance with Article L. 211-17, IV of the French Tourism Code (Code du tourisme), the amount of any damages is limited to three times the total price excluding taxes of the services, with the exception of personal injury and damage caused intentionally or through negligence.

17Exceptional and unavoidable circumstances

Any event creating a situation beyond the control of Terra Phi as well as of the Customer, and the consequences of which could not have been avoided even by taking all measures, is a cause of exemption from the obligations of the parties and entails their suspension. The party invoking these circumstances must immediately notify the other of their occurrence as well as of their cessation.

18Traveller assistance

Terra Phi is responsible for the proper performance of the Services provided for in the contract. If the Customer encounters difficulties, Terra Phi provides appropriate assistance as soon as possible. It may charge a reasonable price for this assistance if the difficulty is caused intentionally by the traveller or through their negligence, without exceeding the actual costs incurred.

19Accessibility

Despite all Terra Phi's efforts, certain services are not accessible to persons with reduced mobility (for example hikes or certain visits with difficult access). We invite you to make enquiries in the event of mobility difficulties.

20Dispute resolution

Article 20.1 - Applicable law: these general terms and conditions are governed by French law, both as regards substantive and procedural rules.

Article 20.2 - Mediation: the Customer may resort to conventional mediation or to any alternative method of dispute resolution. They may refer the matter to the Tourism and Travel Ombudsman (Médiateur du Tourisme et du Voyage) at www.mtv.travel or at MTV Médiation Tourisme Voyage, BP 80303, 75823 Paris Cedex 17, in the event that the response provided by Terra Phi to their complaint is deemed insufficient or has remained unanswered after 60 days.

Article 20.3 - Online sales: in the event of an online purchase, the Customer may, in accordance with Article 14.1 of Regulation (EU) No 524/2013, lodge a complaint on the European online dispute resolution platform (https://ec.europa.eu/consumers/odr).

Article 20.4 - Evidence: the data contained in Terra Phi's information systems has probative force as regards orders, requests and any matter relating to the use of the Site, and may be produced in court in the same way as any written document.

21Linked travel arrangements

If, after choosing and paying for one travel service, you book additional travel services through Terra Phi, you will NOT benefit from the rights applicable to packages under Directive (EU) 2015/2302 and Article L. 211-2 of the French Tourism Code (Code du tourisme). However, if you book additional services during the same visit or contact, they will form part of a linked travel arrangement. In that case, Terra Phi has, as required by Union law, protection (taken out with the APST) to refund the sums paid for services not performed as a result of its insolvency. This protection does not apply to contracts concluded with parties other than Terra Phi that can be performed despite its insolvency.

22Administrative and health formalities

Whatever the destination and the countries visited, each traveller (including children and babies) must be in possession of a biometric passport valid for at least 6 months after the return date, as well as any other document (visa, ESTA, family record book, authorisation to leave the territory, etc.) required to transit through and/or enter the country(ies) of the trip. In the event of refusal to issue a visa or an ESTA, Terra Phi's liability cannot be engaged and cancellation fees apply as of right. Terra Phi provides this information for French nationals residing in France; foreign nationals must consult their consular authority. It is the responsibility of each traveller to verify that their documents are compliant. Terra Phi cannot be held liable for the consequences of non-compliance with police, customs or health regulations. It is advisable to consult the country fact sheets of the French Ministry for Europe and Foreign Affairs (www.diplomatie.gouv.fr, section « Conseils aux Voyageurs ») and the health information of the competent authorities (solidarites-sante.gouv.fr, www.who.int/fr). Except for a service expressly provided for in the contract, Terra Phi's obligation is limited to an obligation to inform.

23Car rental

In the event of car rental, a French driving licence is required, as well as an international driving licence when collecting the vehicle on site. An international payment card (Visa, Mastercard or other) bearing the words « credit card » and not « debit card » is also required. Some rental companies refuse to release the vehicle upon presentation of a debit card alone; Terra Phi cannot be held liable for this failing.