Voyages Flammang s.à.r.l. (hereinafter referred to as ‘VF’ in abbreviated form)
Registered office: 58, rue de l’Alzette, B.P. 131, L-4010 ESCH SUR ALZETTE
Contact: info@flammang.luTrade and Companies Register (Luxembourg): LBR: B19083
VAT Number: LU12201080
Ministry Authorization: 106782
Share capital: €187,300
Manager: Mr Bernard LEY
LEGAL GUARANTEE IN CASE OF INSOLVENCY
The insolvency guarantee of the VF travel agency is provided by the ‘FONDS DE GARANTIE VOYAGES LUXEMBOURGEOIS’, a Mutual Guarantee Cooperation company established at 7, rue Alcide de Gasperi L-1615 Luxembourg (emergency phone +352 439 444 700)
The standard information form regarding the person responsible for the execution of the package contract or linked travel service is provided (example of a standard information form) for services relating to package holidays and linked travel arrangements regarding refunds and repatriation guarantees when applicable.
GENERAL CIVIL PROFESSIONAL LIABILITY INSURANCE
Beyond this legal coverage, VF has taken out professional liability insurance with the ‘LALUX’ insurance company, headquartered at L-3372 Leudelange at 9, rue Jean Fischbach, covering its professional activities.
INTERMEDIARY MANDATE FOR SINGLE SERVICE PROVISION
VF acts as an intermediary for any single service provision, whether it be booking accommodation or purchasing a transport ticket or any other service or provision, optionally, reservation or firm sale.
VF acts as a simple agent of the Client for the sale of transport tickets (airplane, boat, train, or other) and Regulation EC 261/2004 of the European Parliament and Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding, cancellation or significant delay of a flight, and repealing Regulation EEC 295/91.
VF assists the Client to the best of its ability regarding their rights (cancellation by the company, delay, right to compensation or refund) in the face of obligations directly assumed by airlines but does not substitute for the obligations of said companies and does not assume any direct or other pecuniary responsibility towards the Client in the event of a failure by an air transport operator. VF will act as an agent according to the principle of ‘good duty’ without being held to an obligation of results. The responsibility for client assistance lies with and is the sole responsibility of the airline for all material and logistical problems related to transport whether at the place of departure or arrival; it is up to the airline to identify and address any problems and propose substitute services or solutions, whether at departure or planned return, without VF intervening in this context.
The same applies to damages, destruction, damage, loss, or in the event of delay in receiving baggage by the Client at the destination as well as in the event of injuries or death following an accident.
TERMINATION – CANCELLATION (SINGLE SERVICES)
VF acting as an intermediary and agent is subject to conditions imposed by travel operators, hoteliers, airlines and transportation companies in general, and other service providers offering services as a main or ancillary activity. The Client acknowledges that the cancellation or termination conditions are independent of VF’s will and waives the right to invoke them against VF. Any cancellation or termination must be done 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 by the Client through VF in general. The same applies in the event of fault on the part of the Client.
RIGHT OF WITHDRAWAL
There is no right of withdrawal in principle and otherwise, VF will specifically inform the client in writing in the travel documents.
DISTANCE SALE OR SERVICE PROVISION: PHONE, FAX, EMAIL OR OTHER (FOR SINGLE SERVICES)
Distance sale or service provision is characterized by the contract during which the order and delivery are done remotely without at any time the Client being in physical contact with VF, and in this case VF will ensure that the Client has at least the following information: identity, phone number, address of its main establishment and commercial agencies in case of complaint, essential characteristics of the good or service offered, the price of the good or service including all taxes, and when the price cannot be calculated in advance, VF will indicate the mode of calculation of this price to allow the Client to verify it, indication of all additional transport, delivery, or postage costs that add to the price and when VF is not able to calculate them in advance, mention will be made that such costs may be payable.
VF will also inform the Client about:
- the date on which the professional commits to deliver the goods (tickets, for example) or perform the services;
- the terms of payment and reimbursement (L.222-10), delivery or execution, including the amount of deposits and advances and the related deadlines and due dates and sanctions in case of non-payment, including any deposit or financial guarantee that may be required by VF or the final professional;
- the existence of a right to withdrawal and when the right of withdrawal is not provided, VF will inform the Client that they do not have any right to withdraw or, where applicable, the circumstances in which the Client loses their right to withdraw;
- any information on existing legal or commercial guarantees with respect to the service requested by the Client;
- the conditions for contract termination.
This information obligation in the event of distance sale or service provision is deemed sufficiently fulfilled if these general conditions are available on VF’s website and can be downloaded from this site. Details are either available in detail on VF’s website or VF will send them to the Client in a form suitable to the remote communication technique used in the relationship with the Client.
If the Client decides to conclude the contract, VF will provide all necessary mandatory information in writing and/or in a form suitable to the communication technique used (e.g., email). VF will send them a confirmation of the concluded contract on a durable medium (paper, email or other) within a reasonable time, and at the latest at the dispatch of documents or before the execution of the service.
In the particular case where VF contacts the Client by telephone for the purpose of concluding a distance contract, the VF commercial agent will state their identity and agency of affiliation. A written confirmation (or on durable medium) reiterating the offer and the information provided shall reach the Client at the latest at the dispatch of the contract unless the information provided has already been sent previously to the Client. All information relating to the right of withdrawal (conditions and terms of exercise) is provided in writing to the customer in an unequivocal, clear and understandable way.
In the case of concluding the contract by phone, the Client is only bound after having had the offer on a durable medium and signed or accepted it in writing (including electronic signature).
AGENCY FEES, COMMISSIONS, FILE FEES
VF provides the Client with details of the agency fees, commissions, and file fees to which it is entitled and retains the fees, commissions, or other remuneration related to its role as an intermediary in case of cancellation of reservation or contract, resolution or termination, whether at the initiative of the Client or the final provider.
Find ici the complete rate schedule of applicable file / issuance and service fees.
DOWN PAYMENTS ON CONTRACTS AND SERVICES – ADVANCES TO BE PAID ON SIGNING THE CONTRACT
Unless special conditions are agreed with the Client, VF will only be bound after payment of a deposit of 30% on the contract price (unless otherwise stated on the sales contract). This percentage may vary for reasons external and independent of VF’s will.
In case of non-payment of the deposit, the contract will be null and void and VF reserves all recourse against the Client if VF is nevertheless obligated to pay part of the contract price to the final provider.
Regarding a given means of payment, VF will not charge the Client fees higher than the costs it incurs itself for the use of the same means of payment. VF will in no case charge the Client, when the latter contacts them, a communication price exceeding the base price.
ADDITIONAL PAYMENTS
Before concluding the contract, VF will obtain the Client’s express agreement in the event of a change in the contract price or its own fees or commissions.
LANGUAGES
VF will endeavor to explain the content of the general conditions to the Client as long as they should assert that they do not understand the language in which the general conditions are established.
PACKAGE HOLIDAYS – SPECIFIC PROVISIONS (ARTICLE 225-1 AND FOLLOWING OF THE CONSUMER CODE)
For all other services (package or combined), VF acts as an organizer, retailer, professional facilitating a linked travel service or as a provider of a travel service, subject to the specific obligations provided for in Chapter L.225.1 and following of the Consumer Code.
THE PACKAGE
Either VF sells a contract relating to a package travel, holidays or stays called a pre-established package tour and qualified as such by a third party (operator), or VF organizes or assists in organizing a trip involving at least two different types of travel services covering 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, billed at an all-inclusive or total price, under the name of package or similar, purchased from different professionals through linked online booking procedures, at the latest 24 hours after booking confirmation of the first travel service.
In the event that a passenger transport, accommodation or car rental travel service is linked to another tourist service, the combination of these two services is not considered a package if the tourist service does not represent a significant portion of the value of the combination, is not advertised as an essential feature of the combination, or does not in some way constitute such a feature; nor is the combination of passenger transport, accommodation or car rental travel services with a tourist service considered a package if this tourist service is chosen and purchased only after the execution of the passenger transport, accommodation or car rental travel service.
THE LINKED TRAVEL ARRANGEMENT
Also constitutes a package, the combination of two services purchased for the purposes of the same journey or holiday stay facilitated by VF under the same conditions as above, with VF acting as a professional facilitator of a linked travel service or as a travel service provider.
REFUSAL OF QUALIFICATION AS PACKAGE TRAVEL OR LINKED TRAVEL ARRANGEMENT
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 scope of the provisions concerning package travel and linked travel services.
PRE-CONTRACTUAL INFORMATION
VF as an organizer, retailer, or facilitator in the sense of legislation on packages, will provide the following information to support its offer:
- the main characteristics of the offered travel services;
- the destination, itinerary, and periods of stay, with the dates;
- the means, characteristics, and categories of transport, places, dates, and times of departure and return, the duration and location of stops and connections;
- the situation, main characteristics, and, where applicable, the tourist category of the accommodation according to the rules of the destination country;
- the meals provided;
- the tours, excursions, or other services included in the agreed total package price;
- where this is not apparent from the context, whether any travel services will be provided to the traveller as a member of a group and, in such a case, where possible, the approximate size of the group;
- where 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 trip or holiday stay is, in general, suitable for persons with reduced mobility and, at the traveller’s request, precise information on the suitability of the trip or holiday stay to the traveller’s needs;
- the corporate name and the geographical address of the organizer and, where applicable, the retailer, as well as their telephone and, where applicable, electronic contact details;
- the total package price including taxes and, where applicable, all fees, charges or other additional costs, or, when these cannot be reasonably calculated before the conclusion of the contract, an indication of the type of additional costs that the traveller may still have to bear;
- the payment terms, including the amount or percentage of the price to be paid as a deposit and the schedule for the payment of the balance, or the financial guarantees to be paid or provided by the traveller;
- the minimum number of persons required for the completion of the package and the deadline referred to in Article L.225-10, paragraph 3, letter a), preceding the start of the package for a potential termination of the contract if this number is not reached;
- general information concerning applicable passport and visa conditions, including the approximate duration to obtain visas, as well as information on the health formalities of the destination country;
- a statement indicating that the traveller can terminate the contract at any time before the start of the package subject to appropriate termination fees or, where applicable, standard termination fees claimed by the organizer pursuant to Article L. 225-10, paragraph 1er;
- information on mandatory or optional insurance covering the costs of terminating the contract by the traveller or on the cost of assistance, covering repatriation, in case of accident, illness, or death.
In the case of package travel contracts concluded by telephone, with VF acting as organizer, retailer, or intermediate facilitator, VF provides the traveller with information on the party responsible for execution and the solvency, reimbursement, and repatriation guarantees.
CONCLUSIONS OF THE PACKAGE TRAVEL CONTRACT
VF will communicate any modifications to the initial offer to the Client in a clear, comprehensible, and apparent manner.
VF will detail all fees, charges, and costs related to the contract.
PROVISION OF TRAVEL DOCUMENTS AND INFORMATION
VF sends the contract in any durable form as defined by legal provisions to the Client and, if requested by the Client, in paper form. The contract or its confirmation states all the above details, including mainly the Client’s specific requirements, the local representative’s contact details, the insolvency protection insurer, details regarding claims against non-conformities, useful information on the organiser’s internal complaint handling mechanism, and possibly details on the mechanisms of out-of-court dispute resolution.
If VF is not itself the organizer, it will inform the travel organizer about the conclusion of the package contract.
TRANSFER OF THE PACKAGE TRAVEL CONTRACT
The Client is authorized to transfer their contract with ten days’ notice before the start of the package. The Client and their assignee are jointly liable for the payment of the price balance as well as any possible fees, charges, or other additional costs incurred by this transfer. VF will inform the Client of the actual cost of the transfer.
PRICE MODIFICATION
As an exception, VF reserves the right to increase the price in case of an increase in the imposed fuel price or any other energy source, taxes, or exchange rates related to the package. This increase must be notified by the organiser to VF, who will forward this notification at least 20 days before the package start date to the Client, or directly by VF as the organizer to the Client.
VF is authorized to modify the contract on minor elements provided it informs the Client in a clear, comprehensible, and apparent manner on a durable medium (paper, fax, email, sms).
In case of a significant modification by VF or due to the organiser of the contract, or an increase in the package price by more than 8%, the Client is invited to choose within a reasonable period between accepting the modification or terminating the contract without paying termination fees.
The Client is free to accept another package, if possible, of equal or superior quality if offered by the organizer. If the quality is lower, the Client is entitled to an adequate price reduction. If the Client does not accept another package, VF will ensure that the organizer reimburses all payments made by the Client, if necessary, directly to the organiser, within 14 days after contract termination.
TERMINATION AND RIGHT OF WITHDRAWAL
The Client is authorized to terminate the package travel contract at any time before the start of the package by bearing the appropriate and justifiable termination fees. The amount of termination fees varies according to the subscribed contract and corresponds to the package price minus the cost savings and revenue from the release of the travel services. VF may also avail itself of another more appropriate method of calculation.
The Client has the right to terminate the package travel contract before the start of the package without paying termination fees if exceptional and unavoidable circumstances occurring at or nearby the destination have significant impacts on the package execution or the Client’s transport to the destination.
Beyond the independent will of VF, the organizer can terminate the package travel contract by fully refunding the Client. In this case, no additional compensation will be due to the Client if the number of persons registered is below the minimum number set in the contract and the organizer notifies the contract termination to the Client at the latest:
- 20 days before the start of the package in the case of trips exceeding 6 days;
- 7 days before the start of the package in the case of trips lasting 2 to 6 days;
- 48 hours before the start of the package in the case of trips not exceeding 2 days.
The organiser shall refund all payments made by the Client (to VF) or on their own behalf, minus appropriate termination fees, no later than 14 days after the termination of the travel contract.
The same applies in the case of inability to perform the contract due to exceptional and unavoidable circumstances; the termination must be notified to the Client’s attention without undue delay and before the start of the package.
LIABILITY FOR THE EXECUTION OF THE PACKAGE
In the case where VF is not the organiser and only acts as a professional facilitating or respectively a retailer, VF continues the Client’s claims related to non-conformity to the organiser who is legally bound to address it, unless it is impossible to rectify or the claim incurs disproportionate costs considering the importance of the non-conformity and the value of the travel services concerned.
If the organiser fails to remedy the non-conformity, the Client may remedy it themselves and claim reimbursement of necessary expenses.
The Client is entitled to an appropriate service of equal or superior quality if a significant part of the travel services cannot be provided as planned in the contract, including if the Client’s return to their departure point is not provided as planned. If the other services offered are inferior, the Client is entitled to an appropriate price reduction.
The Client is entitled to refuse other services if they are not comparable to what was planned.
When the non-conformity severely disrupts the execution of the contract, and the organiser does not remedy the situation, the Client is entitled to terminate the package travel contract without paying termination fees and may request, where appropriate, a price reduction, compensation, or both.
The Client is entitled to a price reduction and compensation even in the absence of termination if alternative services are not possible or if the Client refuses them insofar as they are not appropriate and not equal or superior.
The Client is entitled to repatriation by an equivalent means of transport without undue delay and at no additional cost if transportation is part of the package.
The Client is entitled to accommodation of equal quality in case of delays in repatriation limited to 3 nights, unless a longer duration is necessary for repatriation.
PRICE REDUCTION AND COMPENSATION
The Client is entitled to compensation from the organiser in case of non-conformity, unless the non-conformity is attributable to the Client themselves or arises from exceptional and unavoidable circumstances.
The organiser is entitled to impose limitations in their general conditions regarding compensation, which should not be less than 3 times the total price of the package, although these limits do not apply to bodily injury or damages caused intentionally or by negligence. The Client is entitled to make claims with the organiser.
ROLE AND POSITION OF THE ORGANISER
Except when VF is itself the organiser, VF will continue dealing with complaints and claims related to non-conformity to the organiser who provides appropriate assistance to the Client in difficulty promptly, including for the Client’s return and repatriation, and to find other travel services.
PROTECTION AGAINST THE ORGANISER’S INSOLVENCY
VF ensures that each package travel organiser it intermediates or facilitates is in possession of the legally required insolvency protections and that they have provided guarantees for the repatriation of Clients, applicable to organisers established in Luxembourg, within the European Union and outside the European Union who offer packages for sale in the Grand Duchy of Luxembourg or direct their activities towards the Grand Duchy of Luxembourg by any means.
When the execution of the package is compromised by the organiser’s insolvency, the Client benefits from the guarantee for ensuring their repatriation or the refund of non-executed package travels.
In case of doubt concerning insolvency protection, the Minister of Economy demands clarifications from the foreign state member.
PROFESSIONALS ESTABLISHED IN LUXEMBOURG ACTING AS FACILITATORS OF LINKED TRAVEL SERVICES
Except in cases where VF acts as the organiser of package travels, VF primarily acts as a professional facilitating linked travel services.
In this capacity, VF provides a guarantee for the reimbursement of all payments it receives from its Clients to the extent that the travel service, which is part of a linked service, is not executed due to insolvency (its own and the organiser’s). The guarantee is effective and covers reasonably foreseeable costs. It covers the amounts of Clients’ payments.
VF provides the Client with an information form determined by Grand-Ducal Regulation, or in the absence of a form, VF provides the information contained therein.
If VF is involved as a professional in the conclusion of a contract where VF does not facilitate the linked travel service, VF informs the other professional in question.
SALES OR SUPPLY OF SERVICES ONLINE GENERALLY (WEBSITE – CONTRACTS CONCLUDED ELECTRONICALLY DIRECTLY THROUGH THE VF WEBSITE)
SINGLE SERVICES
Notwithstanding compliance with the Client’s obligation to be informed under the conditions set out under the chapter on distance contracts for single services, VF undertakes to inform the Client on its site about the obligations and payment terms (immediate or later or partial) before the Client places an order on the website. VF will ensure that this information is as clear as possible. In addition, the VF website will ensure that the Client explicitly expresses and confirms the enlightened agreement to the payment obligation stated on its site. VF ensures this agreement by requiring the Client to validate the ‘order with payment obligation’ box. VF also informs about any possible restrictions of any kind and the accepted payment methods in its online services.
The VF website will directly provide a set of specific technical and legal information related to so-called e-commerce transactions, including the availability of a service, its delivery date, and the form thereof.
PACKAGE TRAVELS
All conditions in the ‘Package Travels’ section remain applicable in addition.
GENERAL CONDITIONS OF THE TOUR OPERATOR (ORGANISER) IN CASE OF PACKAGE TRAVEL SOLD BY VF
In the event of discrepancies between VF’s general conditions and those of a tour operator, VF guarantees the application of the more favourable VF general conditions as far as necessary.
ENTRY INTO A DESTINATION COUNTRY
The Client is required to have a passport valid for 6 months after return without restrictions for the countries visited (or an identity card valid 6 months after return if the destination accepts it) as well as any visas and vaccination certificates required by the destination countries.
The Client is responsible and acknowledges having received in writing the specific instructions in this regard. In the current situation related to the Covid19 pandemic, it is strongly recommended that each passenger inquire in advance about the specific obligations varying from one country to another.
It is also advised to regularly consult the website www.iatatravelcentre.com/world.php, as formalities can change at any time.
PARTIAL INVALIDITY
If one or more provisions of these general conditions are held to be invalid or declared such by virtue of a law, regulation, or as a result of a final decision by a competent jurisdiction, the other provisions 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 located in the Grand Duchy of Luxembourg have exclusive jurisdiction.
DATA PROTECTION:
The protection of personal data in the context of electronic access to the VF site, an online purchase or within the usual relations between the Client and VF (in agency and remotely)
ELECTRONIC ACCESS
IN ADDITION TO THE CLIENT’S RELATIONS WITH VF WITHIN AND THROUGH ITS AGENCIES, THE CLIENT MAY ALSO VIAELECTRONIC WAY :
- consult offers made accessible to the public by VF,
- request additional information,
- order products and services,
- access other related sites if applicable,
- consult general information about travel and prices or simply statistical information,
The Client acknowledges having read the access protocol and the technical conditions for using VF’s services, described and available on VF’s website. They also acknowledge having obtained all the necessary information regarding the content of the services, described by these general conditions, their characteristics, functionalities, and the technical and payment procedures to access them. Finally, they acknowledge having received useful information related to the processing of personal data that VF is required to carry out in the context of using its website, as outlined in these general conditions under the relevant section.
The Client further declares having full legal capacity, allowing them to have taken cognizance of the entirety of this document.
The Client is informed that simple access to the VF website is free of charge.
PARTICULAR CASE OF ONLINE PURCHASE
- Online access to certain paid services (purchases) offered by VF on its website is either done through authentication using a product issued by LuxTrust S.A. or a Luxembourgish eID card or any other electronic certificate, offering at least a substantial level of assurance, or via anonymous connection, which does not require the creation of a Client account;
- Authentication on the VF website constitutes proof of the Client’s commitment to the VF site. The Client expressly acknowledges that the authentication procedure compensates for the absence of an electronic signature on these requests and purchases;
- For Clients not holding a regular customer agreement (such as a promo code), any payment following the order of services and benefits is made through the operator SIX Payment Services (Europe) S.A. VF does not intervene in any way in the payment process and cannot be held responsible in case of the operator’s application’s malfunction. The Client is subject to the general conditions of SIX Payment Services (Europe) S.A. within the framework of the payment;
- For clients holding a regular customer agreement, the payment conditions are defined in a specific agreement linking the Client to the VF site manager on a case-by-case basis;
- From the confirmation of the order, it is deemed firm and definitive and cannot undergo any modifications, notably concerning the information to be communicated (except terminations and contractual withdrawals not covered by this section). The acceptance of the order by VF results either from the payment made online by the Client via an electronic payment method for occasional clients or from the use of the payment code for regular clients;
- VF makes every effort to ensure that requests (purchases) are processed promptly during their office hours. Indeed, processing is not necessarily instantaneous. Furthermore, VF reserves the right to delay the execution of a service due to technical constraints, administrative processing, or data control to ensure their quality.
ONLINE CONSULTATION OF INFORMATION
- To be able to view the documents made accessible to the public by VF, the Client must connect to the VF site manager’s website;
- This consultation is free of charge, particularly for:
- Information requests about a service, product, or service;
- Availability of a service, product, or service.
CONSULTATION OF STATISTICS AND STATIC INFORMATION OR GENERALLY ANY INFORMATIONTHROUGH THE VF SITE SEARCH ENGINE
The Client can freely consult these static informations.
In this context, VF implements all means to build and update their respective database. However, no implicit or explicit obligation of result can be sought against it.
VF cannot be held responsible for any damage or loss of any kind caused by the use of the information or related in any way to this same information, whether it is negligence or otherwise.
VF cannot guarantee that the service cannot be, intermittently interrupted or affected from time to time, for maintenance or technical interruptions.
The VF site may be modified or updated without prior notice.
The information provided to the Client may be provided for informational purposes only and, as such, are not certified.
The Client enjoys a non-exclusive right of use of the database and the data.
This right is personal, and the data provided are for the personal use of the Client.
The data consulted by the Client cannot be communicated, copied, or redistributed in a generalized manner, whether free or paid.
The data consulted cannot be integrated, modified, or altered.
The Client is held responsible for any unauthorized communication, copying, redistribution, integration, modification, or alteration of the data as well as, among other things, any fault or negligence on their part and is therefore subject to pay damages to VF.
VF reserves the right to restrict access to its respective database (site) in case of unauthorized use of data or legal, governmental, or administrative limitations.
Any other liability of VF in providing the information is excluded.
VF holds all copyrights and other intellectual property rights on the site.
The entire site is protected by copyright unless otherwise stipulated.
Links established by other websites to the VF site are not controlled by VF. Consequently, VF cannot be held responsible for the content of said other sites or the links they offer.
VF offers or may offer in the future several links, which in no way include any endorsement, validation, or verification by it of the sites to which the links were created.
The information can be viewed in electronic or other formats as available or offered.
TELEPHONE ASSISTANCE
VF offers Clients, during office hours, a telephone support service (Helpdesk) to resolve, exclusively by phone, difficulties encountered by the Client in using the services.
VF does not aim to provide any legal support, but to assist Clients in their personal procedures.
Each call or electronic mail addressed to the VF Helpdesk results in the opening of a follow-up ticket, summarizing the context of the request and the response provided.
Furthermore, the telephone conversation may be recorded by the VF Helpdesk advisor if necessary. The Client will be informed beforehand, first at the moment they access the call center and then, if applicable, by the VF advisor.
INTELLECTUAL PROPERTY RIGHTS
The amended law of April 18, 2001, on copyright, related rights, and databases is applicable to VF’s website.
All elements of the site “www.flammang.lu” are the intellectual and exclusive property of VF.
LIABILITY IN THE CONTEST OF USING AND ACCESSING THE “WWW.FLAMMANG.LU” SITE
The Client acknowledges that VF has fulfilled all its obligations regarding advice and information about the essential characteristics of the products and services and the minimal setup of IT and telecommunication means allowing access and benefit from the services.
VF’s provision of telephone assistance constitutes only an obligation of means and not of result.
VF cannot be held responsible in the event of unavailability of the application or in cases of dysfunction of the internet network or disruptions of services related to technical elements beyond its control.
VF is subject to an obligation of means concerning the successful execution of its services and benefits.
VF puts everything in place to prevent harmful programs from entering its infrastructure and spreading. VF is subject to an obligation of means concerning the security of its infrastructure.
The Client puts everything in place to prevent harmful programs from entering its infrastructure and spreading.
VF does not assume any responsibility for indirect damages and will not be required to repair indirect damages such as financial or commercial harm, loss of clientele or market share, any commercial disruption, increase in costs, and other overhead expenses, loss of profit, loss of brand image, data loss, of files or any computer program that could result from difficulties in the execution of the service or the use of the information transmitted beyond its control. Actions directed against the Client by a third party are considered indirect damage and therefore do not give the right to compensation.
The consequences of theft, loss, or fraudulent use of a Client’s name and password, granting access to the previously described services, do not engage VF’s liability.
VF draws attention to the fact that the products issued by Luxtrust SA are personal and their use is subject to the general conditions established by Luxtrust SA, among others.
VF declines any responsibility for fraudulent use by a third party of a product issued by Luxtrust SA or an electronic certificate issued by another approved provider.
VF reserves the right to block access to its various services for any Client using access codes for which fraudulent or abusive use has been observed.
PROTECTION OF PERSONAL DATA – USUAL RELATIONS, SITE CONSULTATIONS AND PURCHASESONLINE
In the context of its relationships with its Clients, VF uses personal data of its Clients, in compliance with Regulation (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 concerning the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter “GDPR”).
For processing implemented during connection to the site, Client identification, and information collection, in accordance with applicable legislation, VF acts as the data controller.
For the processing of data collected during in-agency sales, VF is also the data controller.
Processing carried out by VF in its capacity as data controller.
PROCESSING RELATED TO CONTRACTUAL AND COMMERCIAL RELATIONSHIP BETWEEN THE CLIENT AND VF
DATA COLLECTED
Data arising from the contractual and commercial relationship between the Client and VF and collected by VF includes:
- the details of requests and orders,
- the banking information of the Clients
- for users who have opted to pre-register a credit card with the operator SIX Payment Services (Europe) S.A., which handles secure internet credit card payments (noting that information entered via this service does not pass through the VF website), the type of payment card, the last 4 digits of the card, and its expiry date,
- the email address provided during an anonymous connection through which a service was ordered,
- and any postal addresses provided during the order of documents to be supplied by VF in paper format
- any usual information that is necessary for the subscription of the contract and does not constitute sensitive data
PURPOSE AND LEGAL BASIS OF PROCESSING
This processing is carried out by VF for the proper execution of the services it offers through its agencies and on its website (art. 6, paragraph 1, b and f GDPR). In this sense, the processing is necessary for:
- The execution of the contractual relationship between the Client and VF (delivery of orders, order tracking)
- the protection of VF’s legitimate interests by allowing it to retain proof of transactions.
CATEGORY OF RECIPIENTS OF PROCESSED DATA
Data relating to the contractual and commercial relationship between VF and the Client is accessible only to VF staff members needing it for their work and, where applicable, to its external personnel assigned to technical support. They are not transmitted to third parties in principle unless VF acts at the request of the Client in concert with other professionals in its capacity as a professional intermediary, agent, or professional involved in the marketing and sale of package travel, together with other professionals or organizers or facilitators or retailers, regardless of their exact qualification.
RETENTION PERIOD
The history of Client requests and orders is kept for 12 months. As for receipts and monthly statements issued by VF, these are kept for 10 years before being permanently deleted.
PROCESSING RELATED TO THE USE OF TELEPHONE SUPPORT SERVICE
DATA PROCESSED
Data relating to Clients who contacted VF’s Helpdesk and the content of the request is collected by VF during the call and recorded within support tickets.
The processed data includes:
- the first and last name provided by the Client at the time of the phone call, their phone number or email address if applicable, or even the Client number if the Client has one;
- the context of the request;
- and, where applicable, the content of the telephone conversation via its recording.
PURPOSE AND LEGAL BASIS FOR PROCESSING PERSONAL DATA
This processing is carried out by VF as it is necessary for the legitimate interests pursued by VF (art. 6, paragraph 1 f GDPR). VF’s legitimate interests include, among others, its protection in case of disputes and the improvement of its services.
Its purpose is to:
- provide VF with evidence elements in case of a potential dispute;
- allow the improvement of the support service and call quality;
- allow VF to improve the display and functioning of its website.
CATEGORY OF RECIPIENTS OF PROCESSED DATA
These data are accessible only to VF staff members needing them for their work and mission and, where applicable, to its external staff assigned to technical support. They are not transmitted to third parties, except in the event of a dispute where VF is a party, and except when VF acts at the request of the Client in concert with other professionals in its capacity as a professional intermediary, agent, or professional involved in the marketing and sale of package travel, together with other professionals or organizers or facilitators or retailers, regardless of their exact qualification.
RETENTION PERIOD
Tickets (created during telephone support) are retained for 12 months following the ticket’s creation. As for any recordings possibly made, they are kept for 6 months following the recording, unless in the case of a dispute.
PROCESSING CARRIED OUT BY VF AS A SUBCONTRACTOR (ANOTHER PROFESSIONAL OR OPERATOR REFERS TO THE VF SITE FOR BOOKING OR PURCHASE)
Processing carried out in the context of the connection to the VF site
DATA COLLECTED
A number of personal data are collected for the creation of a user account, connected to the use of a Luxtrust certificate in case of online purchases during the connection to the VF site. Account creation occurs through the platform dedicated to connecting to the VF site.
The data are as follows:
- username;
- first and last name;
- email address;
- unique identifier;
- internal ID number, assigned upon account creation.
All of this data is displayed in the “my account” personal space of the connected Client.
PURPOSE AND LEGAL BASIS OF PROCESSING
This processing aims to create a Client account allowing the Client to access services offered on the site, which require their authentication
CATEGORY OF RECIPIENTS OF PROCESSED DATA
The data related to the Client’s account is accessible only to VF staff members needing them for their mission and work and, where applicable, to its external staff assigned to technical support. They are not transmitted to third parties unless specified above.
RETENTION PERIOD
Data related to a Client account is retained as long as the account is not deleted.
Any account deletion request by the Client must be sent by email to VF, at the address data.protection@flammang.lu. Following such a request, VF blocks the account, which can no longer be used and confirms its deletion.
Any account inactive for a consecutive period of 24 months is automatically deleted by VF, without prior notice to the Client.
When a Client account is deleted (at the Client’s request or automatically by VF), the data associated with it is retained by VF for a period of administrative necessity of 12 months before final destruction.
PROCESSING CARRIED OUT BY VF IN ITS CAPACITY AS A PROFESSIONAL SERVICE PROVIDER THROUGH ITS AGENCIES (AND REMOTELY)
DATA COLLECTED
VF collects data it needs for reservations, sales, offers, confirmations, invoices, and others (names, first names, date and place of birth, private or business address, CCSS registration number, destination, details, and any usual information necessary for contract subscription that does not constitute sensitive data.
PURPOSE AND LEGAL BASIS FOR PROCESSING
VF performs these processing activities in the exercise of its work and commercial service.
CATEGORY OF RECIPIENTS OF PROCESSED DATA
The data collected concerns all usual details required for an offer, sale, reservation, confirmation, or invoicing, related to activity and services offered concerning transport, accommodation, other rentals, or tourism services, and VF’s general commercial object.
Client data is accessible only to VF staff members needing it for their work and mission and, where applicable, to its external staff assigned to technical support. They are not transmitted to third parties, except in the case of a dispute where VF is a party, and except when VF acts at the request of the Client in concert with other professionals in its capacity as a professional intermediary, agent, or professional involved in the marketing and sale of package travel, together with other professionals or organizers or facilitators or retailers, regardless of their exact qualification.
RETENTION PERIOD
The collected data is retained for 10 years from the end of the relationship for accounting and tax obligations.
CLIENT RIGHTS VIS-À-VIS THE PROCESSING OF PERSONAL DATA BY VF – APPOINTMENT OF A DATA PROTECTION OFFICER
VF has appointed a data protection officer to data protection and any complaint or request will be automatically forwarded to the internal organization of VF.
The Client has the right of access (Article 15 GDPR), rectification (Article 16 GDPR), and erasure (Article 17 GDPR) of the information concerning them, within the limits of legal provisions requiring VF to retain personal data. They can also object to the processing of their data under the conditions provided by Article 21 GDPR and obtain the restriction of processing under the conditions provided by Article 18 GDPR.
Requests for rectification, erasure, restriction, or objection to processing carried out by VF, as the data controller, should be addressed to VF at the following email address data-protection@flammang.lu, which will forward them to the data protection officer of VF or by postal mail, at VF’s registered office address.
VF informs that requests for access, rectification, or even restriction concerning other processing, for which it is a processor and where another legal entity is the controller, should be addressed to the data protection officer of VF who will continue them.
COMPLAINT – NATIONAL COMMISSION FOR DATA PROTECTION (CNPD)
The Client can submit their complaints regarding the above-mentioned processing to the National Commission for Data Protection, located at 1, Avenue du Rock’n Roll, L-4361 Esch-sur-Alzette, or to the competent supervisory authority of their State of residence.
INFORMATION ON THE CONTRACTUAL NATURE OF PROVIDING PERSONAL DATA
The Client is informed that the following information is particularly intended for the following contractual purposes:
- the request for the provision of personal data has a contractual nature (within the context of the Client’s contractual relationship with VF, particularly concerning the order of documents and services);
- the provision of the user’s personal data is necessary for the performance of the ordered services and/or documents, which conditions the conclusion of this contractual relationship;
- in this respect, the Client is required to provide their personal data if they wish to order and/or use services and/or documents with VF and through its website;
- the non-provision of this personal data does not allow the ordering of services and/or documents with VF.
PROCESSING RELATED TO WEB AUDIENCE MEASUREMENT
Certain data related to the client’s hardware and software, which are not likely to identify them, are collected during their visit to VF’s website. This collection aims exclusively to gather visitor statistics (browser type, resolution, approximate location, etc.) to better serve Clients.
The Client’s full IP address is never retained. Only part of the IP address is kept to obtain overall statistics, and it is never possible to identify a Client user.
These data are stored and hosted in Europe in a solution provided by a subcontractor, who, as a processor, is subject to the same legal obligations regarding personal data protection, should such data be collected in the future.
The retention period of data does not exceed what is necessary to observe audience trends according to the evolution of browsers, resolutions used, or other available statistical data.
COOKIES
INTERNAL COOKIES ALLOWING THE WEBSITE TO FUNCTION PROPERLY
To function properly, VF’s website uses ‘session cookies,’ which enable the site to operate optimally. They are only retained for the duration of the session.
‘ Session cookies’ should not be confused with persistent cookies, which are often used to store confidential information, thus posing a security and confidentiality risk, explaining their bad reputation.
Modern browsers such as Internet Explorer, Safari, Firefox, Google Chrome, and Mozilla allow the deactivation of persistent cookies while accepting session cookies necessary for the website’s proper functioning.
Using the site with a browser configured to accept cookies constitutes acceptance of cookies from VF and third parties.
Persistent or session cookies are, in principle, enabled by default during the browser’s installation.
EXTERNAL COOKIES RELATED TO SERVICES OFFERED BY THIRD-PARTY SITES
VF’s website may exceptionally redirect to services offered by third-party sites to improve its interactivity, especially concerning photos and videos displayed on the site. The cookies deposited via video sharing services allow the Client to view multimedia content directly on the site.
Modern browsers such as Internet Explorer, Safari, Firefox, Google Chrome, and Mozilla allow the deactivation of persistent cookies.Final Remark:
The processing is not likely to pose a risk to the rights and freedoms of the data subjects, even on a large scale, as it is unrelated to potentially sensitive data. In the event of data transfer or communication to a third party, VF ensures proper conduct and assures the Client of guarantees identical to those in force in Luxembourg.