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General conditions

Voyages Flammang s.à.r.l. (hereinafter referred to as "VF" for short)

Head office: 58, rue de l'Alzette, B.P. 131, L-4010 ESCH SUR ALZETTE

Contact: info@flammang.lu

Luxembourg Trade and Companies Register: LBR : B19083

VAT number: LU12201080

Ministry authorization: 106782

Share capital: €187,300

Manager : Mr Bernard LEY

LEGAL GUARANTEE IN THE EVENT OF INSOLVENCY

The VF travel agency's insolvency guarantee is provided by the "FONDS DE GARANTIE VOYAGES LUXEMBOURGEOIS", a société de Coopération de Caution Mutuelle established at 7, rue Alcide de Gasperi L-1615 Luxembourg (emergency tel. +352 439 444 700).

The standard information form regarding the person responsible for the execution of the package contract or related service is provided(example of standard information form) for services relating to package travel and related travel services regarding refund and repatriation guarantees where applicable.

GENERAL PROFESSIONAL LIABILITY INSURANCE

In addition to this legal cover, VF has taken out professional liability insurance covering its professional activities with the "LALUX" insurance company, based at 9, rue Jean Fischbach, L-3372 Leudelange.

INTERMEDIARY AGENT FOR THE PROVISION OF A SINGLE SERVICE

VF acts as an intermediary for any single service, be it the booking of accommodation or the purchase of a transport ticket or any other service, on option, reservation or firm sale.

VF acts as a mere agent for the Customer in the sale of tickets for transport (air, sea, rail or other) and Regulation EC 261/2004 of the European Parliament and of the Council of February 11, 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation EEC 295/91.

VF assists the Customer to the best of its ability within the framework of its rights (cancellation by the airline, delay, right to compensation or reimbursement) with regard to the obligations directly assumed by the airlines, but does not substitute itself for the obligations of the said airlines, and does not assume any direct pecuniary or other liability vis-à-vis the Customer in the event of default on the part of an air transport operator. VF will act as an agent on a "best endeavours" basis, without being bound by any obligation of result. Responsibility for customer assistance lies exclusively with the airline for any material and logistical problems relating to transport, whether at the point of departure or arrival; it is the airline's responsibility to identify and remedy any problems and to propose alternative services or solutions, whether at the point of departure or the planned return, without VF intervening in this context.

The same applies in the event of damage, destruction, damage or loss, or in the event of delayed receipt of baggage by the Customer at the destination, as well as in the event of injury or death resulting from an accident.

CANCELLATION (ONE-OFF SERVICES)

VF acting as an intermediary and agent is bound by the conditions imposed by travel operators, hoteliers, airlines and transport companies generally and other service providers offering services on a principal or accessory basis. The Customer acknowledges that the conditions of cancellation or termination are beyond the control of VF and waives the right to invoke them against VF. Any cancellation or termination must be made in writing.

FORCE MAJEURE

VF is not bound by any element, event, circumstance, decision or fault emanating from another professional within the framework of the execution of the contract or service subscribed to by the Customer through VF generally. The same shall apply in the event of fault on the part of the Customer.

RIGHT OF WITHDRAWAL

In principle, there is no right of withdrawal. If there is, VF will specifically inform the customer in writing in the travel documents.

REMOTE SALES OR SERVICE PROVISION: TELEPHONE, FAX, E-MAIL OR OTHER (FOR ONE-OFF SERVICES)

The remote sale or supply of services is characterized by the contract during which the order and delivery are carried out remotely without the Customer at any time being in physical contact with VF, and in this case VF will ensure that the Customer has at least the following information: identity, telephone number, address of its principal place of business and of its commercial agencies in the event of a complaint, the essential characteristics of the good or service offered, the price of the good or service inclusive of all taxes, and when the price cannot be calculated in advance, VF will indicate the method of calculation of this price in order to allow the Customer to verify it, indication of any additional transport, delivery or postage costs which are added to the price and when VF is not in a position to calculate them in advance, mention will be made that such costs may be payable.

VF will also inform the Customer about :

  • date on which the professional undertakes to deliver the goods (e.g. tickets) or perform the services;
  • terms of payment and reimbursement (L.222-10), delivery or performance, and in particular the amount of down payments and advances and the related deadlines and penalties in the event of non-payment, including any surety or financial guarantee that may be required by VF or the end professional;
  • existence of a right of withdrawal and where the right of withdrawal is not provided for, VF will inform the Customer that he has no right of withdrawal or, where applicable, the circumstances in which the Customer loses his right of withdrawal;
  • any information on existing legal or commercial guarantees in relation to the service requested by the customer;
  • contract termination conditions.

This obligation to provide information in the case of remote sales or provision of services is sufficiently fulfilled if these general terms and conditions are available on VF's website and can be downloaded from this site. The details are either available in detail on VF's website or VF will send them to the Customer in a form adapted to the remote communication technique used in the relationship with the Customer.

If the Customer decides to enter into the contract, VF will provide all necessary mandatory information in written form and/or in a form adapted to the communication technology used (e.g. email). VF will send confirmation of the concluded contract on a durable medium (paper, email or other) within a reasonable period of time, and at the latest when sending the documents or before the performance of the service.

In the particular case where VF contacts the Customer by telephone for the purpose of concluding a distance contract, the VF sales agent will state his identity and the agency to which he belongs. A written confirmation (or on a durable medium) containing the offer and the information given will be sent to the Customer at the latest when the contract is sent, unless the information given has already been sent to the Customer. All information concerning the right of withdrawal (conditions and procedures for exercising it) is provided to the customer in writing, in an unequivocal, clear and comprehensible manner.

If the contract is concluded by telephone, the customer is not bound until he has received the offer on a durable medium and signed or accepted it in writing (also electronic signature).

AGENCY FEES, COMMISSIONS, ADMINISTRATIVE CHARGES

VF provides the Customer with details of the agency fees, commissions and handling charges to which it will be entitled and will retain any fees, commissions or other remuneration relating to its role as intermediary in the event of cancellation of the reservation or contract, resolution or termination, whether at the initiative of the Customer or the end provider.

Click here for a complete list of applicable application, issue and service fees.

ADVANCE PAYMENTS ON CONTRACTS AND SERVICES - ADVANCES PAYABLE ON CONTRACT SIGNATURE

Unless special conditions have been agreed with the Customer, VF will only be bound after payment of a deposit of 30% of the contract price (unless otherwise specified on the sales contract). This percentage may vary for external reasons beyond VF's control.

In the event of non-payment of the deposit, the contract will be null and void and VF reserves all recourse against the Customer if VF is nevertheless required to pay part of the contract price to the final service provider.

In the case of a given payment method, VF shall not charge the Customer any fees in excess of the costs incurred by the Customer for the use of the same payment method. Under no circumstances will VF charge the Customer a communication fee in excess of the basic fee.

ADDITIONAL PAYMENTS

Prior to the conclusion of the contract, VF will obtain the Customer's express agreement to any modification of the contract price or of its own fees or commissions.

LANGUAGES

VF will endeavor to explain the content of the general terms and conditions to the Customer insofar as the Customer should claim not to understand the language in which the general terms and conditions are drawn up.

PACKAGE TOURS - SPECIFIC PROVISIONS (ARTICLE 225-1 ET SEQ. OF THE FRENCH CONSUMER CODE)

For all other services (package or combined), VF acts as organizer, retailer, professional facilitating a linked travel service or provider of a travel service, subject to the specific obligations set out in chapter L.225.1 et seq. of the French Consumer Code.

THE PACKAGE

Either VF sells a contract for a package travel, vacation or stay, known as a prearranged package travel and qualified as such by a third party (operator), or VF organizes or assists in the organization of a trip involving at least two different types of travel services relating respectively to transport, accommodation, car rental or any other tourist service, services combined by a single professional or by separate contracts with individual service providers, services purchased at a single point of sale before payment, invoiced at an all-inclusive price or total price, under the denomination package or similar, purchased from separate professionals using linked online booking procedures, no later than 24 hours after confirmation of booking of the first travel service.

Where a travel service such as passenger transport, accommodation or car rental is linked to another tourist service, the combination of these two services does not qualify as a package if the tourist service does not account for a significant proportion of the value of the combination, is not advertised as an essential feature of the combination or does not in any other way constitute such a feature; neither does the combination of passenger transport, accommodation or car rental travel services with a tourist service constitute a package if the tourist service is chosen and purchased only after the passenger transport, accommodation or car rental travel service has been provided.

THE RELATED TRAVEL SERVICE

A package also includes the combination of two services purchased for the purposes of the same trip or vacation stay facilitated by VF under the same conditions as above, with VF acting as a professional facilitating a linked travel service or travel service provider altogether.

REFUSAL TO QUALIFY AS A PACKAGE TOUR OR RELATED TRAVEL SERVICE

Any general agreement concluded for the organization of a business trip between VF and another natural or legal person acting for purposes related to its commercial, industrial, artisanal or liberal activity cannot be considered as a service falling under the aegis of the provisions relating to package travel and related travel services.

PRE-CONTRACTUAL INFORMATION

VF as organizer, retailer or facilitator within the meaning of package legislation, will submit the following information in support of its offer:

  • the main features of the travel services offered;
  • destination, itinerary and periods of stay, with dates;
  • means, characteristics and categories of transport, places, dates and times of departure and return, duration and location of stopovers and connections;
  • the location, main features and, if applicable, tourist category of the accommodation according to the rules of the country of destination;
  • meals provided ;
  • visits, excursions or other services included in the total package price;
  • where not apparent from the context, whether any travel services will be provided to the traveler as part of a group and, if so, the approximate size of the group;
  • when the benefit of other tourist services provided to the traveller relies on effective verbal communication, the language in which these services will be provided;
  • information on whether the vacation or trip is generally suitable for people with reduced mobility and, at the traveler's request, precise information on whether the vacation or trip is suitable for the traveler's needs;
  • the corporate name and geographical address of the organizer and, if applicable, the retailer, as well as their telephone and, if applicable, e-mail contact details;
  • the total price of the package including taxes and, if applicable, all fees, charges or other additional costs, or, when these cannot be reasonably calculated prior to the conclusion of the contract, an indication of the type of additional costs that the traveler may still have to bear;
  • payment terms, including the amount or percentage of the price to be paid on account and the schedule for payment of the balance, or the financial guarantees to be paid or provided by the traveler;
  • the minimum number of people required for the package and the deadline referred to in article L.225-10, paragraph 3, letter a), preceding the start of the package for possible termination of the contract if this number is not reached;
  • general information on passport and visa requirements, including the approximate time it will take to obtain a visa, as well as information on health formalities in the destination country;
  • a statement to the effect that the traveler may cancel the contract at any time prior to the start of the package, subject to payment of appropriate cancellation charges or, where applicable, standard cancellation charges levied by the organizer, in accordance with article L. 225-10, paragraph1 ;
  • information on compulsory or optional insurance covering the cost of cancellation of the contract by the traveler, or the cost of assistance, including repatriation, in the event of accident, illness or death.

In the case of package travel contracts concluded by telephone, VF acting as organizer, retailer or intermediary facilitator provides the traveler with information about the person responsible for execution and guarantees of solvency, reimbursement and repatriation.

CONCLUSIONS OF THE PACKAGE TRAVEL CONTRACT

VF will communicate any changes to the initial offer to the Customer in a clear, comprehensible and apparent manner.

VF will itemize all fees, charges and costs relating to the contract.

PROVISION OF TRAVEL DOCUMENTS AND INFORMATION

VF will send the contract in any durable form as defined by legal provisions, to the Customer, and if the Customer so requires, in paper form. The contract or its confirmation contains all the above details, including in particular the Customer's special requirements, the contact details of the local representative, the insolvency insurer, details of the Customer's complaint about non-conformities, useful information about the internal complaints handling mechanism (organizer) and, if applicable, details of alternative dispute resolution mechanisms.

If VF is not an organizer itself, it will inform the travel organizer about the conclusion of the package contract.

ASSIGNMENT OF THE PACKAGE TOUR CONTRACT

The customer is entitled to assign his contract with 10 days' notice before the start of the package. The Customer and the assignee are jointly and severally liable for payment of the balance of the price, as well as any fees, royalties or other additional costs incurred as a result of the assignment. VF will inform the Customer of the actual cost of the assignment.

PRICE CHANGE

Exceptionally, VF reserves the right to increase the price in the event of an increase in the imposed price of fuel or any other source of energy, taxes or exchange rates in relation to the package. This increase must be notified by the organizer to VF, who will send this notification to the Customer at least 20 days before the package start date, otherwise directly by VF as organizer to the Customer.

VF reserves the right to modify the contract with regard to minor elements, provided that it informs the Customer in a clear, comprehensible and visible manner on a durable medium (paper, fax, email, sms).

In the event of a significant modification of the contract by VF or by the organizer, or an increase in the package price of more than 8%, the Customer is asked to choose within a reasonable period of time between accepting the modification or cancelling the contract without paying cancellation fees.

The customer is free to accept another package, if possible of equal or higher quality, if offered by the organizer. If the quality is inferior, the Customer is entitled to an appropriate price reduction. In the event that the Customer does not accept another package, VF will ensure that the organizer reimburses the Customer for all payments made by the Customer, if necessary in the organizer's direct name, within 14 days of termination of the contract at the latest.

CANCELLATION AND RIGHT OF WITHDRAWAL

The customer is entitled to terminate the package travel contract at any time prior to the start of the package, subject to appropriate and justifiable termination costs. The amount of the cancellation fee varies according to the contract and corresponds to the package price minus the cost savings and revenues realized as a result of the travel services being made available again. VF may also use another, more appropriate method of calculation.

The Customer has the right to terminate the package travel contract before the start of the package without payment of termination fees if exceptional and unavoidable circumstances at or in the immediate vicinity of the destination have a significant impact on the execution of the package or on the Customer's transport to the destination.

Beyond the control of VF, the organizer may terminate the package tour contract and reimburse the Customer in full. In this case, no additional compensation will be due to the Customer if the number of persons registered is less than the minimum number stipulated in the contract and the organizer notifies the Customer of the cancellation of the contract no later than :

  • 20 days before the start of the package for trips exceeding 6 days;
  • 7 days before the start of the package for trips lasting from 2 to 6 days;
  • 48 hours before the start of the package for trips not exceeding 2 days.

The organizer will refund all payments made by the customer (to VF) or on his own behalf, less the appropriate cancellation fees, no later than 14 days after the cancellation of the travel contract.

The same applies in the event that the customer is prevented from fulfilling the contract due to exceptional and unavoidable circumstances; notice of termination must be sent to the customer without undue delay and before the start of the package.

RESPONSIBILITY FOR PACKAGE PERFORMANCE

In cases where VF is not an organizer and acts only as a professional facilitator respectively retailer, VF shall continue the Customer's claims relating to the non-conformity to the organizer who is legally obliged to deal with it, unless it is impossible to remedy or the claim gives rise to disproportionate costs taking into account the importance of the non-conformity and the value of the travel services concerned.

Should the organizer fail to remedy the non-conformity, the customer may remedy it himself and claim reimbursement of the necessary expenses.

The Customer is entitled to an appropriate service of equal or higher quality in the event that a significant part of the travel services cannot be provided as contracted, including in the event that the Customer's return to the place of departure is not provided as contracted. If the other services offered are inferior, the Customer is entitled to an appropriate price reduction.

The customer has the right to refuse other services if they are not comparable to what has been agreed.

If the non-conformity significantly disrupts the performance of the contract, and the organizer fails to remedy the situation, the customer is entitled to terminate the package tour contract without payment of termination fees and to request, where appropriate, a price reduction, compensation, or both.

The customer is also entitled to a price reduction and compensation in the absence of termination, if other services are not possible or if the customer refuses them because they are unsuitable and not equal or superior.

The customer is entitled to repatriation by an equivalent means of transport without undue delay and at no extra cost if transport is included in the package.

The customer is entitled to accommodation of equal quality in the event of delayed repatriation, limited to 3 nights, unless the repatriation takes longer.

PRICE REDUCTION AND COMPENSATION

The customer is entitled to compensation from the organizer in the event of non-conformity, unless the non-conformity is attributable to the customer himself or to exceptional and unavoidable circumstances.

The organizer is entitled to impose limits on compensation in his general terms and conditions, which may not be less than 3 times the total price of the package. However, these limits do not apply to personal injury or to damage caused intentionally or through negligence. The customer is entitled to file claims with the organizer.

ROLE AND POSITION OF THE ORGANIZER

Except in cases where VF is itself the organizer, VF will continue complaints and claims related to non-conformity to the organizer, who will without undue delay provide appropriate assistance to the Customer in difficulty, including for the return and repatriation of the Customer, and for finding alternative travel arrangements.

PROTECTION AGAINST ORGANIZER INSOLVENCY

VF ensures that each organizer of package tours for which it is a professional intermediary respectively facilitator of package tours is in possession of the legally required insolvency insurance and that they have provided guarantees for the repatriation of Customers, this applies to organizers established in Luxembourg, within the European Union and outside the European Union and who offer packages for sale in the Grand Duchy of Luxembourg or who direct their activities towards the Grand Duchy of Luxembourg by any means.

When the execution of the package is compromised by the insolvency of the organizer, the customer benefits from the guarantee to ensure his repatriation respectively the reimbursement of the package tours not yet executed.

If there is any doubt as to whether the company is protected against insolvency, the Minister for Economic Affairs will request clarification from the foreign member state.

PROFESSIONALS ESTABLISHED IN LUXEMBOURG AND OPERATING AS FACILITATORS OF LINKED TRAVEL SERVICES

With the exception of cases where VF acts as an organizer of package tours, VF mainly acts as a professional facilitator of related travel services.

In this respect, VF provides a guarantee for the reimbursement of all payments it receives from its Customers insofar as the travel service that is part of a linked service is not performed due to insolvency (its own and that of the organizer). The guarantee in question is effective and covers reasonably foreseeable costs. It covers the Customer's payments.

VF shall provide the Customer with an information form determined by Grand-Ducal Regulation or, in the absence of such a form, VF shall provide the information contained therein.

In the event that VF intervenes as a professional in the conclusion of a contract where VF does not facilitate the related travel service, VF shall inform the other professional in question.

SALES OR SUPPLY OF SERVICES GENERALLY ONLINE (WEBSITE - CONTRACTS CONCLUDED ELECTRONICALLY DIRECTLY THROUGH THE VF WEBSITE)

UNIQUE SERVICES

Notwithstanding the obligation to inform the Customer in accordance with the conditions set out in the chapter on single service distance contracts, VF undertakes to inform the Customer on its website of the obligations and terms of payment (immediate or subsequent or partial) before the Customer places an order on the website. VF shall ensure that this information is as comprehensible as possible. VF's website shall also ensure that the Customer expresses and confirms his express and informed agreement explicitly to the payment obligation shown on its website. VF shall ensure this agreement by requiring the Customer to validate the box "order with obligation to pay". VF shall also indicate in its online services any restrictions of any kind and the means of payment accepted.

The VF website will provide direct access to a range of technical and legal information specific to e-commerce transactions, including the availability of a service, its delivery date and the related form.

PACKAGE TOURS

All conditions listed in the "Package tours remain" section apply in addition.

GENERAL TERMS AND CONDITIONS OF THE TOUR OPERATOR (ORGANIZER) FOR PACKAGE TOURS SOLD BY VF

In the event of discrepancies between VF's general terms and conditions and those of a tour operator, VF guarantees the application of VF's more favorable general terms and conditions insofar as necessary.

ENTRY INTO A DESTINATION COUNTRY

The customer is required to carry a passport valid for 6 months after return without restrictions for the countries visited (or an identity card valid for 6 months after return if the destination accepts it), as well as the visas and vaccination certificates required by the destination countries.

The Customer is responsible for and acknowledges having received specific written instructions in this regard. In the current situation related to the Covid19 pandemic, it is strongly recommended that each passenger find out in advance about specific obligations that vary from country to country.

It is also advisable to consult www.iatatravelcentre.com/world.php regularly, as formalities may change at any time.

PARTIAL NULLITY

If one or more stipulations of these terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope.

APPLICABLE LAW

The legal and regulatory provisions in force in Luxembourg apply.

JURISDICTION OF THE COURTS

The courts of the Grand Duchy of Luxembourg have exclusive jurisdiction.

PERSONAL DATA PROTECTION :

The protection of personal data in the context of electronic access to the VF website, online purchases or in the context of the usual relations between the Customer and VF (in branch and remotely).

ELECTRONIC ACCESS

IN ADDITION TO THE CUSTOMER'S RELATIONS WITH VF WITHIN AND THROUGH ITS AGENCIES, THE CUSTOMER MAY ALSO ELECTRONICALLY:

  • consult offers made available to the public by VF,
  • request additional information,
  • order products and services,
  • have access to other linked sites,
  • consult general information on travel and prices, or simply statistical information,

The Customer acknowledges having read the access protocol and the technical conditions of use of VF services, described and available on the VF website. He also acknowledges having obtained all the information he deems necessary concerning the content of the services described in the present general terms and conditions, their characteristics, their functionalities and the technical and payment terms for accessing them. Lastly, the user acknowledges having received the useful information concerning the processing of personal data that VF may carry out in the context of the use of its website, which is included in these general terms and conditions under the point.

The Customer further declares that he/she has full legal capacity to read and understand this entire document.

The Customer is informed that simple access to the VF website is free of charge.

SPECIAL CASE OF ONLINE PURCHASING

  • online access to certain paid services (purchases) offered by VF on its website is made either by authentication via a product issued by LuxTrust S.A. or a Luxembourg eID card or any other electronic certificate, offering at least a substantial level of guarantee, or by an anonymous connection, which does not involve the creation of a Customer account;
  • authentication on the VF website constitutes proof of the Customer's commitment to the VF website. The Customer expressly acknowledges that the authentication procedure replaces the absence of electronic signature on these requests and purchases;
  • for customers who do not have regular customer approval (e.g. promotional code), all payments following the order of services are made via the operator SIX Payment Services (Europe) S.A. VF does not intervene in any way in the payment procedure and cannot be held responsible in the event of malfunctioning of the operator's application. The customer is subject to the general terms and conditions of SIX Payment Services (Europe) S.A. with regard to payment;
  • for customers with regular customer approval, payment conditions are defined in a special agreement between the customer and the VF site manager on a case-by-case basis;
  • from the time of order confirmation, the order is deemed firm and definitive, and may not be modified in any way, particularly with regard to the information to be communicated (with the exception of contractual cancellations and withdrawals not covered by this section). Acceptance of the order by VF results either from the payment made online by the Customer, by an electronic means of payment for occasional customers, or from the use of the payment code for regular customers;
  • VF makes every effort to ensure that requests (purchases) are processed promptly during office opening hours. Processing is not necessarily instantaneous. In addition, VF reserves the right to postpone the execution of a service due to technical constraints, administrative processing or data control in order to ensure data quality.

ONLINE CONSULTATION OF INFORMATION

  • To consult the documents made available to the public by VF, the Customer must connect to the VF administrator's website;
  • this consultation is free of charge for :
  • requests for information about a product or service;
  • availability of a service or product.

CONSULTATION OF STATISTICS AND STATIC INFORMATION OR, IN GENERAL, ANY INFORMATION THROUGH THE VF SITE SEARCH ENGINE

The customer is free to consult this static information.

In this context, VF makes every effort to build up and update their respective databases. However, no obligation of result, implicit or otherwise, may be sought against it.

VF shall not be liable for any damage or loss of any kind caused by or in any way related to the use of the information, whether caused by negligence or otherwise.

VF cannot guarantee that the service will not be interrupted or affected from time to time by technical maintenance or interruptions.

The VF site may be modified or updated without prior notice.

The information provided to the Customer may be given for information purposes only and is therefore not certified.

The customer has a non-exclusive right to use the database and data.

This right is personal and the data provided is for the Customer's personal use.

The data consulted by the customer may under no circumstances be communicated, copied or redistributed in any way, whether free of charge or for a fee.

Nor can consulted data be integrated, modified or altered.

The Customer shall be liable for any unauthorized communication, copying, redistribution, integration, modification or alteration of the data, as well as, inter alia, for any fault or negligence on his part, and shall therefore be liable to pay damages to VF.

VF reserves the right to restrict access to its respective database (site) in the event of unauthorized use of the data or legal, governmental or administrative restrictions.

VF accepts no further liability for the provision of information.

VF holds all copyrights and other intellectual property rights to the site.

The entire site is protected by copyright unless otherwise stated.

Links from other websites to the VF website are not controlled by VF. Consequently, VF cannot be held responsible for the content of said other sites or the links they provide.

VF offers or may offer in the future a number of links, which do not in any way imply approval, validation or verification by VF of the sites to which the links have been created.

The information may be consulted in electronic or other format as available or proposed.

TELEPHONE HOTLINE

VF offers Customers, during office hours, a telephone assistance service (Helpdesk) to resolve, by telephone only, any difficulties encountered by the Customer in using the services.

VF is not intended to provide legal support of any kind whatsoever, but to assist Customers in their personal dealings.

A follow-up ticket is opened for each call or e-mail sent to the VF Helpdesk, giving the context of the request and the response given.

In addition, the telephone conversation may be recorded by the VF Helpdesk advisor, if necessary. The customer will be informed of this beforehand, firstly when accessing the call center, and then, if necessary, by the VF consultant.

INTELLECTUAL PROPERTY LAW

The amended law of April 18, 2001 on copyright, related rights and databases is applicable to the VF website.

All elements of the "www.flammang.lu" site are the exclusive intellectual property of VF.

LIABILITY IN CONNECTION WITH THE USE OF AND ACCESS TO THE "WWW.FLAMMANG.LU" WEBSITE

The Customer acknowledges that VF has fulfilled all its obligations to provide advice and information concerning the essential characteristics of the products and services and the minimum installation of computer and telecommunications resources enabling access to and use of the services.

The provision of telephone assistance by VF is only an obligation of means and not of result.

VF may not be held liable in the event of unavailability of the application or in the event of Internet network malfunction or service disruptions linked to technical elements over which it has no control.

VF is subject to an obligation of means with regard to the proper performance of its services.

VF does everything in its power to prevent harmful programs from penetrating and spreading within its infrastructure. VF is subject to a best-efforts obligation regarding the security of its infrastructure.

The customer shall make every effort to prevent malicious programs from penetrating and spreading within its infrastructure.

VF assumes no responsibility for indirect damage and shall not be liable to compensate for indirect damage such as, in particular, financial or commercial loss, loss of customers or market share, commercial disturbance of any kind, increase in costs and other overheads, loss of profit, loss of brand image, loss of data, files or computer programs of any kind which may result from difficulties in the performance of the service or from the use of information transmitted over which it has no control. Any action brought against the Customer by a third party is deemed to constitute indirect damage, and consequently does not entitle the Customer to compensation.

VF cannot be held responsible for the consequences of theft, loss or fraudulent use of a Customer name and password, giving access to the services described above.

VF draws attention to the fact that the products delivered by Luxtrust SA are personal and that their use is subject to the general conditions established by Luxtrust SA. among others.

VF declines all responsibility for the fraudulent use by a third party of a product issued by Luxtrust SA or of an electronic certificate issued by another authorized service provider.

VF reserves the right to block access to its various services to any Customer using access codes that have been found to have been used fraudulently or abusively.

PERSONAL DATA PROTECTION - CUSTOMARY RELATIONS, SITE CONSULTATIONS AND PURCHASES ONLINE

In the context of its relations with its Customers, VF is required to use personal data of its Customers, in compliance with Regulation (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter "RGPD").

In accordance with applicable legislation, VF acts as the data controller for processing operations carried out during connection to the site, customer identification and data collection.

VF is also responsible for the database used to process data collected during agency sales.

Processing carried out by VF in its capacity as database manager.

PROCESSING RELATED TO THE CONTRACTUAL AND COMMERCIAL RELATIONSHIP BETWEEN THE CUSTOMER AND VF

COLLECTED DATA

Data, which arise from the contractual and commercial relationship between the Customer and VF and which are collected by VF concern:

  • details of requests and orders,
  • Customer bank details
  • for users who wish to pre-register a credit card with the operator SIX Payment Services (Europe) S.A., which handles secure Internet payments by credit card (please note that the information entered via this service does not pass through the VF site), the type of payment card, the last 4 digits of the card and its expiry date,
  • the e-mail address provided as part of an anonymous connection through which a service has been ordered,
  • and any postal addresses entered when ordering documents to be supplied by VF in paper format.
  • any standard information required to take out the contract, which does not constitute sensitive data

PURPOSE AND LEGAL BASIS OF PROCESSING

This processing is carried out by VF in the context of the proper performance of the services it offers through its agencies and on its website (art. 6, paragraph 1, b and f RGPD). In this sense, the processing is necessary for:

  • Execution of the contractual relationship between the Customer and VF (order delivery, order tracking)
  • to protect VF's legitimate interests by enabling it to keep proof of transactions.

CATEGORY OF RECIPIENT OF PROCESSED DATA

Data relating to the contractual and commercial relationship between VF and the Customer is accessible only to VF staff members who require it in the course of their work and, where applicable, to its external technical support staff. They are not transmitted to third parties in principle, unless VF acts at the Customer's request in concert with other professionals in its capacity as professional intermediary, agent or professional involved in the marketing and sale of package tours, together with other professionals or organizers or facilitators or retailers, regardless of their exact qualification.

SHELF LIFE

The history of the Customer's requests and orders is kept for 12 months. Payment receipts and monthly statements issued by VF are kept for 10 years before being permanently deleted.

TREATMENTS LINKED TO THE USE OF THE TELEPHONE ASSISTANCE SERVICE

PROCESSED DATA

Data relating to Customers who have contacted the VF Helpdesk and the content of the request are collected by VF at the time of the call and recorded in follow-up tickets.

The data processed are :

  • the surname and first name given by the Customer at the time of the telephone call, the telephone number or e-mail address where applicable, or the Customer number if the Customer has one;
  • the context of the request ;
  • and, if applicable, the content of the recorded telephone conversation.

PURPOSE AND LEGAL BASIS OF PERSONAL DATA PROCESSING

This processing is carried out by VF because it is necessary for the purposes of the legitimate interests pursued by VF (art. 6, paragraph 1 f RGPD). VF's legitimate interests include protecting the latter in the event of litigation and improving its services.

Its purpose is to :

  • VF endowment as evidence in the event of a dispute;
  • improve assistance service and call quality;
  • enable the VF to improve the display and operation of its website.

CATEGORY OF RECIPIENT OF PROCESSED DATA

This data is accessible only to VF staff members who require it in the course of their work and mission, and, where applicable, to its external technical support staff. It is not transmitted to third parties, except in the event of litigation to which VF is a party, and except in cases where VF acts at the Customer's request in concert with other professionals in its capacity as professional intermediary, agent or professional involved in the marketing and sale of package tours, together with other professionals or organizers or facilitators or retailers, regardless of their exact qualification.

SHELF LIFE

Tickets (established during telephone assistance) are kept for 12 months following the creation of the ticket. Any recordings made are kept for 6 months, except in the event of litigation.

PROCESSING CARRIED OUT BY VF IN ITS CAPACITY AS SUBCONTRACTOR (ANOTHER PROFESSIONAL OR OPERATOR REFERS TO THE VF SITE FOR RESERVATION OR PURCHASE)

Processing carried out as part of the connection to the VF website

COLLECTED DATA

A certain amount of personal data is collected as part of the creation of a user account, linked to the use of a Luxtrust certificate in the event of an online purchase when connecting to the VF site. The account is created via the platform dedicated to connecting to the VF site.

The data are as follows:

  • username ;
  • full name ;
  • e-mail address ;
  • unique identifier ;
  • internal ID number, assigned when the account is created.

All this information is displayed in the customer's personal "my account" area.

PURPOSE AND LEGAL BASIS OF PROCESSING

The purpose of this processing is to create a customer account enabling the customer to access the services offered on the site, which require authentication.

CATEGORY OF RECIPIENT OF PROCESSED DATA

Customer account data is accessible only to VF staff members who need it to carry out their work, and to external technical support staff, if any. It is not passed on to third parties, except in the cases specified above.

SHELF LIFE

Customer account data is retained until the account is deleted.

Any request for deletion of the account by the Customer should be sent by e-mail to VF at data.protection@flammang.lu. Following such a request, VF will block the account, which can no longer be used, and will confirm the deletion.

Any account inactive for a consecutive period of 24 months is automatically deleted by VF, without prior notice to the Customer.

When a Customer account is deleted (at the Customer's request or automatically by VF), the data associated with it is kept by VF for a period of 12 months for administrative purposes, before final deletion.

PROCESSING CARRIED OUT BY VF AS A PROFESSIONAL SERVICE PROVIDER THROUGH ITS AGENCIES (AND REMOTELY)

COLLECTED DATA

VF collects the data it needs for reservations, sales, offers, confirmations, invoices and other purposes (surname, first names, date and place of birth, private or business address, CCSS registration number, destination, details and any other usual information that is necessary to conclude the contract and that does not constitute sensitive data.

PURPOSE AND LEGAL BASIS OF PROCESSING

VF carries out this processing in the course of its work as a commercial service provider.

CATEGORY OF RECIPIENT OF PROCESSED DATA

The data collected concerns all the usual details required within the framework of an offer, sale, reservation, confirmation or invoicing, linked to the activity and services offered in relation to transport services, accommodation, other rentals or tourist services and the commercial purpose of VF in general.

Customer data is accessible only to VF staff members who require it in the course of their work and mission, and, where applicable, to its external technical support staff. It is not transmitted to third parties, except in the event of litigation to which VF is a party, and except in cases where VF acts at the Customer's request in concert with other professionals in its capacity as professional intermediary, agent or professional involved in the marketing and sale of package tours, together with other professionals or organizers or facilitators or retailers, regardless of their exact qualification.

SHELF LIFE

The data collected is kept for a period of 10 years from the end of the relationship for accounting and tax purposes.

THE CUSTOMER'S RIGHTS WITH REGARD TO THE PROCESSING OF PERSONAL DATA BY VF - APPOINTMENT OF A DATA PROTECTION OFFICER

VF has appointed a delegate and any complaints or requests will automatically be forwarded to him or her within VF's internal organization.

The Customer benefits from a right of access (article 15 RGPD), rectification (article 16 RGPD) and deletion (article 17 RGPD) of information concerning him this within the limits of the legal provisions requiring the VF to keep personal data. He may also object to the processing of his data under the conditions set out in Article 21 RGPD, and obtain the limitation of processing under the conditions set out in Article 18 RGPD.

The Customer has access to his data directly on the VF website, in the secure area "my account", "my orders" and "my payments" and for customers who do not have an account, VF will send them the information at their request.

Requests for rectification, deletion, limitation or opposition to the processing carried out by VF, in its capacity as data controller, should be addressed to VF at the following e-mail address data-protection@flammang.lu, who will forward them to VF's Data Protection Officer, or by post to VF's registered office address.

VF informs you that requests for access, rectification or limitation of other processing operations, for which it is a subcontractor and for which another legal entity is responsible for processing, should be addressed to VF's Data Protection Officer, who will continue to deal with them.

COMPLAINTS - NATIONAL COMMISSION FOR DATA PROTECTION (CNPD)

The Customer may lodge any complaints regarding the above-mentioned processing with the Commission Nationale pour la Protection des Données, whose registered office is at 1, Avenue du Rock'n Roll, L-4361 Esch- sur-Alzette, or with the competent supervisory authority in the Customer's country of residence.

INFORMATION ON THE CONTRACTUAL NATURE OF THE SUPPLY OF PERSONAL DATA

The customer is hereby informed that the following information is specifically intended for the following contractual purposes:

  • the request for the supply of personal data is contractual in nature (in the context of the Customer's contractual relationship with VF, in particular the ordering of documents and services);
  • the provision of the user's personal data, insofar as it is necessary for the provision of the services and/or documents ordered, is a condition for the conclusion of this contractual relationship;
  • In this respect, customers are required to provide their personal data if they wish to order and/or use services and/or documents from the VF and via its website;
  • failure to provide this personal data will not allow you to order services and/or documents from VF.

PROCESSING LINKED TO WEBSITE AUDIENCE MEASUREMENT

Certain data relating to the customer's hardware and software, which are not of a nature to identify him, are collected during his visit to the VF site. The sole purpose of this data collection is to obtain visitor statistics (browser type, resolution, approximate location, etc.) in order to provide customers with the best possible service.

Under no circumstances is the customer's full IP address stored. Only a part of the IP address is kept in order to obtain global statistics, and under no circumstances is it possible to identify a customer user.

This data is stored and hosted in Europe in a solution provided by a subcontractor, subject as a subcontractor to the same legal obligations concerning the protection of personal data, should such data be collected in the future.

The duration of data retention does not exceed that necessary to observe changes in audiences as a function of changes in browsers, resolutions used, or other statistical data available.

COOKIES

INTERNAL COOKIES ENABLING THE WEBSITE TO FUNCTION PROPERLY

In order to function correctly, the VF website uses "session cookies", which enable the site to function optimally. They are only kept for the duration of the session.

Session cookies should not be confused with persistent cookies, which are often used to store confidential information and can therefore represent a security and confidentiality risk, which explains their bad reputation.

Modern browsers such as Internet Explorer, Safari, Firefox, Google Chrome and Mozilla allow you to disable persistent cookies while accepting session cookies, which are necessary for the website to function properly.

Use of the site with a browser configured to accept cookies constitutes acceptance of VF's cookies and those of third parties.

In principle, persistent or session cookies are activated by default when the browser is installed.

EXTERNAL COOKIES LINKED TO SERVICES OFFERED BY THIRD-PARTY SITES

Exceptionally, the VF website may refer to services offered by third-party sites, in order to improve its interactivity, particularly with regard to the photos and videos displayed on the site. Cookies deposited via video-sharing services are intended to enable customers to view multimedia content directly on the site.

Modern browsers such as Internet Explorer, Safari, Firefox, Google Chrome and Mozilla allow you to disable persistent cookies.

Final remark:

The processing is not likely to entail a risk with regard to the rights and freedoms of the persons concerned, even on a large scale, as it is not related to potentially sensitive data. In the event of the transfer or communication of data to a third party, VF ensures that it is properly conducted and provides the Customer with guarantees identical to those in force in Luxembourg.