International Convention on Travel Contracts (CCV)

CHAPTER I
SCOPE OF APPLICATION

Article 1
For the purpose of this Convention:

1. “Travel Contract”means either an organized travel contract or an intermediary travel contract.

2. “Organized Travel Contract”means any contract whereby a person undertakes in his own name to provide for another, for an inclusive price, a combination of services comprising transportation, accommodation separate from the transportation or any other service relating thereto.

3. “Intermediary Travel Contract”means any contract whereby a person undertakes to provide for another, for a price, either an organized travel contract or one or more separate services rendering possible a journey or sojourn. “Interline”or other similar operations between carriers shall not be considered as intermediary travel contracts.

4. “Price”means any remuneration in cash, in kind or in the form of direct or indirect benefits of any kind whatsoever.

5.”Travel Organizer”means any person who habitually or regularly undertakes to perform the contract defined in paragraph 2, whether or not such activity is his main business and whether or not he exercises such activity on a professional basis.

6.”Travel Intermediary” shall be any person who habitually or regularly undertakes to perform the contract defined in paragraph 3, whether such activity is his main business or not and whether he exercises such activity on a professional basis or not.

7.”Traveller”means any person who benefits from an undertaking defined in paragraph 2 or 3, whether the contract is concluded or the price paid by himself or by another person for him.

Article 2
1. This Convention shall apply to any travel contract concluded by a travel organizer or intermediary, where his principal place of business or, failing any such place of business, his habitual residence, or the place of business through which the travel contract has been concluded, is located in a Contracting State.

2. This Convention shall apply without prejudice to any special law establishing preferential treatment for certain categories of travellers.

CHAPTER II
GENERAL OBLIGATIONS OF TRAVEL ORGANIZERS AND INTERMEDIARIES AND OF TRAVELLERS

Article 3
In the performance of the obligations resulting from contracts defined in Article 1, the travel organizer and intermediary shall safeguard the rights and interests of the traveller according to general principles of law and good usages in this field.

Article 4
For the purpose of performing the obligations resulting from contracts defined in Article 1, the traveller shall, in particular, furnish all necessary information specifically requested from him and comply with the regulations relating to the journey, sojourn or any other service.

CHAPTER III
ORGANIZED TRAVEL CONTRACTS

Article 5
The travel organizer shall issue a travel document bearing his signature; instead of the signature, a stamp may be affixed.

Article 6
1. The travel document shall include the following:

(a) place and date of issue;
(b) name and address of the travel organizer;
(e) name of the traveller or travellers and if the contract was concluded by another person, the name of such person;
(d) places and dates of beginning and end of the journey as well as of the sojourns;
(e) all necessary specifications concerning transportation, accommodation as well as all ancillary services included in the price;
(f) where applicable, the minimum number of travellers required;
(g) the inclusive price covering all the services provided for in the contract;
(h) circumstances and conditions under which the traveller may cancel the contract;
(i) any clause providing for arbitration, agreed upon under the conditions of Article 29;
(j) a statement that, notwithstanding any clause to the contrary, the contract is subject to the provisions of this Convention;
(k) any other terms the parties may agree upon.
2. In so far as particulars required in paragraph 1 appear in whole or in part in a prospectus supplied to the traveller, the travel document may simply make a reference thereto; any modification to such a prospectus must be set out in the travel document.
Article 7
1. The travel document shall be prima facie evidence of the terms of the contract.

2. A breach by the travel organizer of the obligations incumbent upon him under Articles 5 or 6 shall affect neither the existence nor the validity of the contract which shall remain subject to this Convention. The travel organizer shall be liable for any loss or damage resulting from such breach.

Article 8
Unless the parties agree otherwise, the traveller may substitute another person for the purpose of carrying out the contract provided that such person satisfies the specific requirements relating to the journey or sojourn, and that the traveller compensates the travel organizer for any expenditure caused by such substitution, including non-reimbursable sums payable to third parties.

Article 9
The traveller may at any time cancel the contract in whole or in part, provided he compensates the organising travel agent in accordance with domestic law or the provisions of the contract.

Article 10
1. The travel organizer may, without indemnity, cancel the contract, in whole or in part, if before the contract or during its performance, circumstances of an exceptional character manifest themselves of which he could not have known at the time of conclusion of the contract, and which, had they been known to him at that time, would have given him valid reason not to conclude the contract.

2. The travel organizer may also, without indemnity, cancel the contract if the minimum number of travellers stipulated in the travel document has not been reached, provided the traveller has been informed thereof at least fifteen days before the date on which the journey or sojourn was due to begin.

3. In event of cancellation of the contract before its performance, the travel organizer shall refund in full any payments received from the traveller. In the event of cancellation of the contract during its performance, the travel organizer shall take all necessary measures in the interest of the traveller; furthermore, the parties shall compensate each other in an equitable manner.

Article 11
1. The travel organizer may not increase the inclusive price, except as a consequence of changes in rates of exchange or in the tariffs of carriers, and provided that this possibility has been anticipated in the travel document.

2. If the increase in the inclusive price exceeds ten per cent, the traveller may cancel the contract without compensation or reimbursement. In that event, the traveller shall be entitled to a refund of all sums paid by him to the travel organizer.

Article 12
The travel organizer shall be responsible for the acts and omissions of his employees and agents when acting in the course of their employment or within the scope of their authority, as if such acts and omissions were his own.

Author: international