Last update: 17/05/2025
TERMS AND CONDITIONS
ESPEERIA, SAS whose registered office is at 128 Boulevard de la Libération 13004, Marseille, registered with the RCS of Marseille under the number 935 337 881
Telephone: +33 (0)6 83 62 40 33
Email address: hello@espeeria.com
Legal representative: Giuliano La Rosa, President
Registration number (Atout France): IM013250006
Financial guarantor: Groupama ASSURANCE-CRÉDIT & CAUTION, 8-10 RUE D’ASTORG, 75008 PARIS, FRANCE
Professional liability insurer: HISCOX SA, 49 AVENUE DE L’OPÉRA, 75002 PARIS, FRANCE
Website address: espeeria.com
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the marketing by ESPEERIA of tourist services provided by partner service providers, intended for persons having the status of consumers or non-professionals within the meaning of the Consumer Code or travelers within the meaning of the Tourism Code and having the legal capacity to contract (hereinafter referred to as “the Customer(s)”).
Customer: natural person having the status of consumer or non-professional within the meaning of the Consumer Code, or traveler within the meaning of the Tourism Code, who contracts with ESPEERIA within the framework of these general terms and conditions of sale.
Service: travel service, tourist service or tourist package within the meaning of Article L. 211-1 of the Tourism Code.
Durable medium: any instrument allowing the consumer or ESPEERIA to store information addressed to them personally in order to be able to refer to it later for a period of time adapted to the purposes for which the information is intended and which allows the identical reproduction of the information stored (Introductory article of the Consumer Code).
These general terms and conditions of sale apply automatically to all services sold or offered for sale by ESPEERIA.
They apply to sales made through all marketing channels (website, social networks, email, etc.).
Any order or purchase implies unconditional acceptance of these general terms and conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by ESPEERIA and appear on the reservation contract.
The Customer declares having read these general terms and conditions of sale and having accepted them before making his reservation and concluding the contract.
The Customer acknowledges having received, prior to placing his order and/or concluding the contract, in a legible and comprehensible manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code and Article R. 211-4 of the Tourism Code.
The Customer further acknowledges having received the form taken in application of the decree of March 1, 2018 “setting the model information form for the sale of trips and stays”.
The final price is announced in euros and won, all taxes included (TTC) per person or in the form of a package in the case of groups. It is possibly calculated according to the number of participants.
The price includes the elements indicated in the contract. Unless otherwise stated in the contract, it does not include pre- and post-delivery, optional insurance or personal expenses.
The Customer guarantees to ESPEERIA that he has the authorizations that may be necessary to use the payment method chosen by him, when validating the contract. ESPEERIA reserves the right to suspend any reservation management and any execution of services in the event of refusal of authorization of payment by credit card by officially accredited organizations or in the event of non-payment of any amount due under the contract.
Payments made by the Customer will only be considered final after actual collection of the amounts due by ESPEERIA.
The Customer has several means of payment offering optimal security among the following, depending on the type of service booked, as indicated in the special conditions of sale:
● by bank card (Carte Bleue, Visa card, Eurocard/Mastercard),
● by transfer (transfer fees payable by the Customer),
● Revision of the sale price
ESPEERIA undertakes to apply the rates in force indicated at the time of booking but reserves the right to unilaterally modify its prices under the conditions set out in this article.
In accordance with Article L. 211-12 of the Tourism Code, the price may thus be modified upwards or downwards after validation of the booking to take into account the evolution:
1° Of the price of passenger transport resulting from the cost of fuel or other energy sources;
2° The level of taxes or charges on travel services included in the contract, imposed by a third party who does not participate directly in the execution of the contract, including tourist taxes, landing or embarkation and disembarkation taxes in ports and airports; or
3° Exchange rates in relation to the contract.
Any application of a price increase pursuant to the preceding paragraph will be notified in a clear and comprehensible manner to the Customer and accompanied by a justification and a calculation, on a durable medium, at the latest twenty days before the start of the services.
Conversely, the Customer is entitled to a price reduction corresponding to any reduction in the costs mentioned in 1°, 2° and 3°, which occurs after the conclusion of the contract and before the start of the trip or stay.
In the event of a price reduction, ESPEERIA is entitled to deduct its actual administrative expenses from the reimbursement due to the Customer. At the Customer’s request, ESPEERIA will provide proof of these administrative expenses.
The information on the ESPEERIA website is not contractual but only informative.
The booking process is as follows:
The Customer contacts ESPEERIA by telephone, email, social media or via its Site by completing an information questionnaire with the following information:
● Desired destination and period
● Type and duration of stay
● Number of travelers
A free initial contact is then organized to define the Customer’s needs. Following these meetings, ESPEERIA sends a stay proposal by email accompanied by these general terms and conditions of sale.
The validity period of the quote is 10 (ten) days.
If the Customer wishes to confirm the proposal and book the stay, he/she must return the quote and the signed T&Cs and make payment in accordance with the terms and conditions indicated in the contract.
It is specified that the services are available subject to available stocks from the payment of the deposit by the Customer. In the event of unavailability of the services between the sending of the quote and the payment by the Customer, ESPEERIA reserves the right to offer alternative services. If applicable, the Customer will be informed as soon as possible.
Unless otherwise stated, a deposit of 30% of the total amount of the stay must be paid upon booking. The remaining balance must be paid at least 45 days before the departure date.
Upon expiry of the validity period, the quote will be deemed null and void and ESPEERIA will be released from these obligations without any response from the Customer.
Article L. 221-28 of the Consumer Code provides that the right of withdrawal cannot be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities that must be provided on a specific date or period. Article L. 221-2 of the Consumer Code also excludes this option for passenger transport and tourist packages.
ESPEERIA relies on this absence of right of withdrawal and indicates that for all services falling within the scope of application of article L. 221-28 or L. 221-2 of the Consumer Code, the Customer will not have any right of withdrawal.
ESPEERIA may unilaterally modify the clauses of the contract after its conclusion and before the start of the tourist service, without the Customer being able to object, provided that the modification is minor and that the Customer is informed as quickly as possible in a clear, comprehensible and apparent manner on a durable medium.
Example: The stages of a stay may be modified, reversed or shifted depending on local requirements making the planned sites inaccessible. In this same context, hotels may also be modified and replaced by accommodation of a similar category.
If ESPEERIA is forced to unilaterally modify one of the main characteristics of the contract within the meaning of Article R. 211-4 of the Tourism Code, that it cannot meet the specific requirements agreed with the Customer, or in the event of a price increase of more than 8%, it shall inform the Customer as soon as possible, in a clear, comprehensible and visible manner, on a durable medium: of the proposed modifications and, if applicable, the repercussions on the price of the trip or stay; of the reasonable period within which the Customer must notify ESPEERIA of the decision it makes; of the consequences of the traveler’s failure to respond within the set period; if applicable, of the other service proposed, as well as its price.
When the modifications to the contract or the replacement service result in a decrease in the quality of the trip or stay or its cost, the traveler is entitled to an adequate price reduction.
If the contract is terminated and the Customer does not accept any other service, ESPEERIA will reimburse all payments made by the Customer or on its behalf as soon as possible, and no later than fourteen days after the termination of the contract.
Any stay shortened or not used due to the Customer, or started late due to the Customer will not give rise to any reimbursement.
Any reservation of services after the conclusion of the contract will result in an upward modification of the price as indicated to the Customer prior to this reservation.
ESPEERIA is committed to the Customer only for the services sold.
ESPEERIA cannot be held liable for:
– any service subscribed to by the Customer other than that invoiced by ESPEERIA;
– any modification of the services at the Customer’s initiative.
The Customer may terminate the contract at any time, before the start of the stay. For this termination to be valid, the Customer must inform ESPEERIA by email or e-mail.
In this case, ESPEERIA will ask the Customer to pay termination fees and may retain all or part of the deposits or balance already paid, according to the schedule indicated in the travel contract.
Furthermore, these termination fees will not be due if the contract is terminated as a result of exceptional and unavoidable circumstances occurring at the destination or in the immediate vicinity of it and having significant consequences on the execution of the contract. In this case, ESPEERIA will proceed to a full refund of the payments made, without however resulting in additional compensation.
The cancellation date is the date of receipt by ESPEERIA of the Customer’s request, which does not have to be justified.
ESPEERIA may terminate the contract at any time, before the start of the service.
The Customer will be entitled to additional compensation, which corresponds to that which he would have had to bear if the termination of the contract had occurred due to his actions. However, ESPEERIA will not be liable for any additional compensation if the termination of the contract occurs in the following two cases:
1) The number of people registered for the trip or stay is less than the minimum number indicated in the contract. In this case, ESPEERIA will notify the Customer by email or by post of the termination of the contract within the period set by the contract, according to the following schedule:
– twenty days before the start of the trip or stay in the case of trips lasting more than six days;
– seven days before the start of the trip or stay in the case of trips lasting two to six days;
– forty-eight hours before the start of the trip or stay in the case of trips lasting no more than two days;
2) ESPEERIA is prevented from executing the contract due to exceptional and unavoidable circumstances. In this case, ESPEERIA shall notify the Client by email or in writing of the termination of the contract as soon as possible before the start of the stay.
The Client may assign his contract to an assignee who meets the same conditions as him to benefit from the services, as long as this contract has not produced any effect.
The Client may only assign his contract on condition that he informs ESPEERIA of his decision by any means allowing an acknowledgement of receipt to be obtained no later than seven days before the start of the trip. This assignment is not subject, under any circumstances, to prior authorization from ESPEERIA.
The assigning Client and the assignee are jointly and severally liable for payment of the balance of the price and any additional costs that the assignment may generate.
The Client must notify ESPEERIA of any defects and/or lack of conformity as soon as possible after the provision of the services, in accordance with Article L. 211-16 II of the Tourism Code. This justification of these non-conformities may be carried out, with supporting documents, preferably within 7 (seven) days following the end of the services, so that ESPEERIA can investigate the problem and assess the reality of the alleged defects effectively and in the interest of both parties.
Any defects and/or faults found will result in rectification, substitution, price reduction or reimbursement as soon as possible, taking into account the extent of the non-conformity and the value of the travel services concerned.
In the event that ESPEERIA proposes a replacement service or a price reduction, the Customer may only refuse the other services offered if they are not comparable to what was provided for in the contract or if the price reduction granted is not appropriate.
ESPEERIA’s guarantee is limited to the reimbursement of the services actually paid for by the consumer or non-professional Customer and ESPEERIA may not be held liable or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure or exceptional or unavoidable circumstances.
In accordance with Article R 211-6, 4° of the Tourism Code, the Customer may quickly contact ESPEERIA using the contact details provided in the preamble to these general terms and conditions of sale, in order to communicate with them effectively, request assistance if the Customer is in difficulty or complain about any non-compliance noted during the execution of the trip or stay.
As part of its stay sales activity, ESPEERIA implements and operates processing of personal data relating to Customers and beneficiaries of the services.
As such, ESPEERIA collects the following personal data: first name, last name, title, postal address, email address, telephone number, family composition, identity documents and other particularities noted in the contract.
The collection of this personal data is essential for contractual execution and in the event of refusal to communicate it, the Client is exposed to difficulties in the execution of the service which cannot give rise to the engagement of the responsibility of ESPEERIA.
This personal data is collected for the exclusive purpose of ensuring the management of ESPEERIA’s Customers within the framework of the conclusion of the contract and its execution, on the basis of the Client’s consent. It is only used for the purposes to which the Client has consented.
More specifically, the purposes are as follows:
● Identification of persons using and/or reserving the services
● Formalization of the contractual relationship
● Performance of the services reserved with ESPEERIA
● Management of contracts and reservations (in particular allocation of rooms, management of travel)
● Communication to partners with a view to the performance of the services by the partners concerned
● Accounting, in particular management of Customer accounts and monitoring of the Customer relationship
● Processing of operations relating to Customer management
● Commercial communications and prospecting, animation.
The persons authorized to access the data collected within ESPEERIA are as follows: the employees of ESPEERIA and its partners involved in the services requested by the Client, and where applicable, the subcontractors of ESPEERIA participating in the performance and/or administration of the services and required to intervene in this capacity on the processing, it being specified that in such a case, whether they are partners or subcontractors, this is done in compliance with the regulations in force.
This personal data collected is retained for the legal retention period relating to the purpose of the processing and for a maximum of 5 years.
Personal data relating to the Client’s bank card is retained exclusively for the period necessary to complete the transaction.
ESPEERIA implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and ESPEERIA cannot guarantee the security of the transmission or storage of information on the Internet.
In application of the applicable regulations regarding personal data, Customers and beneficiaries of services have the right to query, access, modify, oppose and rectify, for legitimate reasons, the collection and processing of their personal data. It is possible to request that this data be rectified, completed, clarified, updated or deleted.
These rights can be exercised by writing an email to ESPEERIA, attaching a copy of their identity document to the request.
At any time, the Customer may file a complaint with the CNIL according to the terms indicated on its website (https://www.cnil/fr).
ESPEERIA reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, ESPEERIA undertakes to publish the new version on its website, and will also inform users of the change by email, at least 15 days before the effective date.
You have the option to register on the list of opposition to telephone canvassing on the following website: http://www.bloctel.gouv.fr/.
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
ESPEERIA’s professional civil liability insurer guarantees Customers against the financial consequences of professional civil liability as set out in Articles L. 211-16 and L. 211-17 of the Tourism Code.
The guarantee covers damage caused to travelers, service providers or third parties as a result of faults, errors of fact or law, omissions or negligence committed during the offer, organization and sale of services by ESPEERIA and its agents, employees and non-employees.
The Customer undertakes to hold and be up to date with their civil liability insurance to cover any damage they may cause.
We offer cancellation and repatriation insurance offered by Chapka Assurances. For any information on this insurance product, the Customer is invited to request the corresponding standardized information sheet from ESPEERIA when requesting a quote.
ESPEERIA is fully liable for the tourist services contracted under these general terms and conditions of sale. ESPEERIA may, however, be exonerated from all or part of its liability by providing proof that the damage is attributable either to the Customer, or to a third party not involved in the provision of the travel services included in the contract, or to exceptional and unavoidable circumstances.
ESPEERIA and the retailer are responsible for the proper performance of all travel services included in the contract in accordance with Article L. 211-16 of the Tourism Code.
In accordance with Article L 211-17, IV of the Tourism Code, the amount of any damages that ESPEERIA may be ordered to pay to the Customer for any reason whatsoever, will be limited to three times the total price excluding tax of the services, with the exception of personal injury and damage caused intentionally or through negligence.
Any event that creates a situation beyond the control of ESPEERIA and the Client and whose consequences could not have been avoided even if all measures had been taken, thus preventing the execution of their obligations under normal conditions, are considered as grounds for exemption from the parties’ obligations and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the exceptional and unavoidable circumstance lasts longer than three months, these general conditions may be terminated by the injured party.
ESPEERIA is responsible for the proper execution of the services provided for in the contract. In this context, if the Customer is faced with difficulties, ESPEERIA will provide appropriate assistance as soon as possible, taking into account the circumstances of the case.
ESPEERIA will be entitled to charge a reasonable price for this assistance if this difficulty is caused intentionally by the traveler or by their negligence. The price charged will not exceed the actual costs incurred by the organizer or retailer.
Despite all our efforts, some services are not accessible to people with reduced mobility. We invite you to inquire in the event of movement difficulties.
These general conditions are subject to the application of French law, subject to the application of the more protective mandatory provisions of the Customer’s country of residence.
This applies to both substantive and formal rules.
The Customer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The Customer may thus contact the Tourism and Travel Mediator on the following website: https://www.mtv.travel/ or at MTV Médiation tourisme voyage, BP 80 303 – 75 823 Paris Cedex 17 in the event that the response provided by ESPEERIA to the Customer on his complaint is deemed insufficient or remains unanswered after 60 days.
In the event that the service has been purchased online by the Customer, the latter is informed that he has the option, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, to file a complaint and select a dispute resolution body on the following website:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
It is expressly agreed that the data contained in ESPEERIA’s information systems have probative force with regard to orders, requests, and any other element relating to the use of the Site. They may be validly produced, in particular in court, as a means of proof in the same way as any written document.
If, after choosing and paying for a travel service, you book additional travel services for your holiday stay through ESPEERIA, you will NOT benefit from the rights applicable to packages under Directive (EU) 2015/2302 and Article L.211-2 of the Tourism Code.
However, if you book additional travel services during the same visit or contact with ESPEERIA, the travel services will be part of a linked travel service.
Regardless of the destination and the countries visited, the Customer undertakes to verify that each traveler (including children and babies) is in possession of a biometric passport with integrated chip and digital photo, valid for at least 6 months after the return date of the trip as well as any other document(s) (visa, ESTA authorization, family record book, authorization to leave the territory, etc.) necessary and compliant with the requirements required to transit and/or enter the country(ies) of travel and/or transit.
ESPEERIA provides this information for all French nationals residing in France. It is up to each traveler to verify that their documents, in particular administrative and health documents, required for the completion of the trip, are in compliance with the information provided by ESPEERIA, it being specified that it is the responsibility of the person who concluded the quote/travel contract to relay the information relating to the formalities to each of the travelers registered for the trip. ESPEERIA cannot, under any circumstances, be held responsible for the consequences of each traveler’s failure to comply with police, customs or health regulations. A traveler who cannot carry out transport (in particular a flight) due to failure to present the required documents, mentioned in the sales contract given to him, cannot claim any reimbursement.
Foreign nationals are invited to consult their consular authority.
For the formalities and information of the country(ies) of the trip, the organizer advises consulting the fact sheets of the countries visited during the trip, available on the website of the Ministry of Europe and Foreign Affairs (MEAE) www.diplomatie.gouv.fr, section “Travel Advice/Advice by country”.
ESPEERIA draws attention to the fact that the information may change up until the departure date and advises travelers to consult the official websites regularly. The organizer may be required, for certain destinations, to have the MEAE form of the country(ies) visited or crossed signed, as part of its obligation to provide information. This request does not constitute a discharge of liability.
https://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs
ESPEERIA provides the health information available at the time of conclusion of the contract. It is recommended to regularly consult the information disseminated by the competent authorities on the health risks of the country(ies) of your trip and to follow the health recommendations and measures to combat these risks accessible on the websites http://solidarites-sante.gouv.fr (French Ministry of Solidarity and Health) or www.who.int/fr (World Health Organization).
Unless expressly provided for in the contract, ESPEERIA is not required to verify the validity and conformity of travel documents, even if they have been provided by the Customer.
Its obligation is limited to an obligation to provide information.
Last updated: 17/05/2025
