TERMS AND CONDITIONS
General conditions of sale
General conditions of sale
Terms and conditions Les Voyages Extraordinaires
In accordance with the provisions of Article R211-12 of the Tourism Code, the provisions of Articles R211-3 to R211-11 of the Tourism Code are reproduced as General Conditions of Sale and applicable exclusively to the organization and sale of trips, stays and tourist packages, as well as the related services, within the meaning of Articles L 211.1 and L 211.2 of the Tourism Code.
Any offer or sale of the services mentioned in Article L. 211-1 shall give rise to the delivery of appropriate documents that comply with the rules defined by this section.
The exchange of pre-contractual information or the provision of contractual conditions shall be made in writing. They can be done electronically. The name or business name and address of the organizer or retailer and the indication of his registration in the register provided for in Article L. 141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of Article R. 211-2 are mentioned.
Prior to the conclusion of the contract, the organizer or retailer must communicate to the traveller the following information:
1° The main characteristics of travel services:
(a) The destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included;
(b) The means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and place of stopovers and connections. Where the exact time has not yet been fixed, the organizer or retailer shall inform the traveller of the approximate time of departure and return;
(c) The situation, the main characteristics and, if applicable, the tourist category of the accommodation under the rules of the country of destination;
(d) Meals provided;
(e) Visits, excursions or other services included in the total price agreed for the contract;
(f) Where not apparent from the context, whether any travel services will be provided to the traveller as a member of a group and, in that case, if possible, the approximate size of the group;
(g) Where the benefit of other tourist services provided to the traveller is based on effective verbal communication, the language in which those services will be provided;
(h) Information on whether the trip or holiday is generally suitable for persons with reduced mobility and, at the request of the traveller, precise information on the suitability of the trip or holiday stay for the traveller's needs;
2 ° The legal name and geographical address of the organizer and retailer, as well as their telephone and, if applicable, electronic contact information;
3 ° The total price including taxes and, where applicable, any additional fees, charges or other costs, or, where these cannot reasonably be calculated before the conclusion of the contract, an indication of the type of additional costs that the traveller may still have to bear;
4° The terms of payment, 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;
5 ° The minimum number of people required for the realization of the trip or stay and the deadline mentioned in III of Article L. 211-14 preceding the beginning of the trip or stay for a possible termination of the contract in case this number is not reached;
6 ° General information concerning the conditions applicable to passports and visas, including the approximate duration of obtaining visas, as well as information on health formalities, of the country of destination;
7 ° A statement indicating that the traveler can terminate the contract at any time before the start of the trip or stay, subject to the payment of appropriate cancellation fees or, where applicable, standard resolution fees claimed by the organizer or retailer, in accordance with I of Article L. 211-14;
8 ° Information on compulsory or optional insurance covering the costs of termination of the contract by the traveler or on the cost of assistance, covering repatriation, in case of accident, illness or death.
With regard to the packages defined in e of 2 ° of A of II of Article L. 211-2, the organizer or retailer and the professional to whom the data are transmitted ensure that each of them provides, before the traveler is bound by a contract, the information listed in this article to the extent that it is relevant for the travel services they offer.
The form by which the information listed in this article is brought to the attention of the traveller shall be fixed by joint order of the Minister for Tourism and the Minister for the Economy and Finance. This decree specifies the minimum information to be brought to the attention of the traveler when the contract is concluded by telephone.
The information mentioned in 1 °, 3 °, 4 °, 5 ° and 7 ° of Article R. 211-4 communicated to the traveler are part of the contract and can only be modified under the conditions defined in Article L. 211-9.
The contract must include, in addition to the information defined in Article R. 211-4, the following information:
(1) The special requirements of the traveller that the organizer or retailer has accepted;
2 ° A statement indicating that the organizer and the retailer are responsible for the proper performance of all travel services included in the contract in accordance with Article L. 211-16 and that they are required to provide assistance to the traveler if he is in difficulty, in accordance with Article L. 211-17-1;
(3) The name of the entity responsible for insolvency protection and its contact details, including its geographical address;
(4) The name, address, telephone number, e-mail address and, where applicable, fax number of the local representative of the organizer or retailer, of a point of contact or other service through which the traveller can quickly contact the organizer or retailer and communicate with him effectively, request assistance if the traveller is in difficulty or complain about any non-compliance found during the execution of the trip or stay;
5 ° A statement indicating that the traveler is required to communicate any non-compliance that he finds during the execution of the trip or stay in accordance with II of Article L. 211-16;
6 ° When minors, unaccompanied by a parent or other authorized person, travel on the basis of a contract including accommodation, information allowing direct contact to be established with the minor or the person responsible for the minor at the place of stay of the minor;
7° Information on the available internal complaint handling procedures and alternative dispute resolution mechanisms and, where applicable, on the entity to which the trader belongs and on the online dispute resolution platform provided for in Regulation (EU) No 524/2013 of the European Parliament and of the Council;
8 ° Information on the right of the traveler to assign the contract to another traveler in accordance with Article L. 211-11.
With regard to the packages defined in e of 2 ° of A of II of Article L. 211-2, the professional to whom the data are transmitted informs the organizer or retailer of the conclusion of the contract giving rise to the creation of a package. The trader shall provide him with the information necessary to enable him to fulfil his obligations as an organiser. As soon as the organizer or retailer is informed of the creation of a package, he provides the traveler, on a durable medium, with the information mentioned in 1 ° to 8 °.
The traveller may assign his contract to an assignee who fulfils the same conditions as him to make the journey or stay, as long as this contract has not produced any effect. Unless otherwise stipulated in the transferor's favour, the latter is required to inform the organiser or retailer of his decision by any means enabling an acknowledgement of receipt to be obtained no later than seven days before the start of the trip. This transfer is not subject, under any circumstances, to prior authorization from the organizer or retailer.
When the contract includes an express possibility of revision of the price, within the limits provided for in Article L. 211-12, it mentions the precise methods of calculation, both upwards and downwards, of price variations, in particular the amount of transport costs and related taxes, the currency or currencies that may have an impact on the price of the trip or stay, the part of the price to which the variation applies, as well as the rate of the currency or currencies used as a reference when establishing the price shown in the contract.
In the event of a reduction in the price, the organizer or retailer is entitled to deduct its actual administrative expenses from the reimbursement due to the traveller. At the request of the traveller, the organizer or retailer shall provide proof of such administrative expenditure.
When, before the departure of the traveler, the organizer or retailer is forced to make a modification to one of the essential elements of the contract, if he cannot meet the special requirements mentioned in 1 ° of Article R. 211-6, or in the event of a price increase of more than 8%, he informs the traveler as soon as possible, in a clear, comprehensible and apparent manner, on a durable medium:
(1) The proposed amendments and, where applicable, their repercussions on the price of the trip or stay;
(2) The reasonable period within which the traveller must communicate to the organizer or retailer the decision he makes;
3 ° The consequences of the absence of response from the traveler within the time limit set;
4 ° If applicable, the other service offered, as well as its price.
Where changes to the contract or the substitute service result in a decrease in the quality of the trip or stay or its cost, the traveller is entitled to an adequate price reduction. If the contract is terminated and the traveller does not accept any other service, the organiser or retailer shall reimburse all payments made by or on behalf of the traveller as soon as possible and in any event no later than fourteen days after the termination of the contract, without prejudice to compensation pursuant to Article L. 211-17.
The organizer or retailer shall make the refunds required under II and III of Article L. 211-14 or, under I of Article L. 211-14, reimburse all payments made by or on behalf of the traveller less the appropriate resolution fees. These refunds for the benefit of the traveler are made as soon as possible and in any case within fourteen days at the latest after the termination of the contract.
In the case provided for in III of Article L. 211-14, the additional compensation that the traveler is likely to receive is at least equal to the penalty he would have borne if the cancellation had occurred of his own doing on that date.
The aid payable by the organizer or retailer pursuant to Article L. 211-17-1 consists in particular of:
(1) To provide useful information on health services, local authorities and consular assistance;
2 ° To help the traveler to make long-distance communications and to find other travel services.
The organizer or retailer is entitled to charge a reasonable price for such assistance if this difficulty is caused intentionally by the traveller or by his negligence. The invoiced price shall in no case exceed the actual costs incurred by the organizer or retailer.
Les Voyages Extraordinaires S.A.R.L with a capital of 7500 €
Registered office: 60 rue François 1ER, 75008 Paris R.C.S. SIRET 914 225 032 00012 APE code: 7911Z
These special conditions of sale have been drafted in accordance with Articles L 211-1 and following, Articles R 211-1 and following of the Tourism Code, which determine the conditions for carrying out activities relating to the organization and sale of trips or stays. In accordance with Article L211-8 of the Tourism Code, Les Voyages Extraordinaires aims to inform customers prior to signing the sales contract, the content of the services offered relating to transport and the stay, the price and terms of payment, the conditions of cancellation of the contract as well as the conditions for crossing borders. In accordance with Article L211-9 of the Tourism Code, Les Voyages Extraordinaires reserves the right to make changes to the information on our website and on our brochures such as information relating to the price and content of the transport and stay services offered, to the identity of the operating air carrier. The customer expressly acknowledges having read the special conditions of sale and all the information relating to the trip he has chosen, in particular by handing over or printing the brochure or product sheet.
1 – Packages
Les Voyages Extraordinaires offers its customers packages including stay and transport on chartered or scheduled flights constituting a unique and indivisible product, except for exceptions exhaustively provided for and described in this brochure (hotel nights, "dry flights", etc.).
1 A – Tours, excursions, group trips, stays, hotels, boats
• The duration of our packages is calculated on a number of nights and not days.
The following are included in the duration:
– The day of departure (from the time of convocation at the airport)
– The day of the return trip (until the time of arrival)
• Catering: full board means: accommodation, breakfast, lunch and dinner. Half board means: accommodation, breakfast and dinner.
Each night spent on site corresponds to a breakfast and a main meal, in case of stay in half board. These meal services may be provided at the hotel where the stay is provided and/or by the air carrier. The All Inclusive formula does not imply that everything is free. All beverage type services that are not specified in the description are not included in the reserved formula.
• For programs that combine stays, tours, excursions, cruises, Les Voyages Extraordinaires reserves the right to modify the chronological order of the chosen program without altering its content.
• The realization of a trip or a tour is subject to a minimum occupancy rate of 90% of the trip or stay. Insufficient number of participants will be a valid reason for cancellation without compensation, provided that the customer has been informed no later than 21 days before the scheduled date of departure. Participation in the trip is limited to the number of seats available per air.
• Les Voyages Extraordinaires cannot be held responsible for any hazards (civil or religious holidays, political demonstrations, strikes, etc.) that may lead to changes in visits or excursions.
• In the event of changes that may occur (additional or deficient equipment) in relation to the description of the hotel services, Les Voyages Extraordinaires will endeavor, as far as possible, to inform the customer as soon as possible.
• The official categories approved for hotels and boats by local administrations (stars from 2 to 5), do not necessarily correspond to the French classification criteria.
• Single rooms or cabins: Although more expensive, these rooms are most often less well located and smaller than double rooms. Local hotel conditions may mean that no single rooms are available at any stage of a tour.
• Triple rooms or cabins: these are usually double rooms or cabins in which an extra bed has been added, which makes them much less spacious.
• In all hotels, non-package services are to be paid on site (mini bar, à la carte meals, room-service, etc.).
• The client must ensure the adequacy of his physical and psychological form to the chosen stay and the physical and psychological autonomy that it implies.
• Modification of the stay at your request on site: For any delayed return or early departure, our rates being negotiated for a certain number of rooms in a hotel, it may be that a rate higher than the brochure is charged if the rooms contracted are full.
In any case, these on-site modifications will be the subject of a written amendment to the initial contract signed by the parties.
In case of premature return of a traveler, whatever the reason (illness, exclusion of a member by the guide, personal decision of the traveler for any reason whatsoever, etc.), the unfinished portion of the trip is not refundable by Les Voyages Extraordinaires
• When it is impossible, due to exceptional and unavoidable circumstances, to ensure the return of the customer as provided for in the contract, Les Voyages Extraordinaires bears the costs of the necessary accommodation, if possible of equivalent category, for a maximum duration of three nights per customer.
1 B – Transport
Les Voyages Extraordinaires is not offering flights in the travel packages.
Any cancellation or modification must be notified to Fitour by email email@example.com
2 A – Cancellation / Modification by the customer
In case of cancellation of trip or modification before departure, the customer will have to contact Fitour firstname.lastname@example.org
2 B – Cancellation / Modification by the organizer
It is governed by Article R 211-10 of the Tourism Code.
When, before departure, Les Voyages Extraordinaires cancels the trip or stay in the absence of fault of the customer, it proceeds to the refunds required under II and III of Article L. 211-14 or, under I of Article L. 211-14 reimburses all payments made by the customer or on his behalf less the appropriate resolution costs. These refunds for the benefit of the customer are made as soon as possible and in any case within fourteen days at the latest after the termination of the contract.
In the case provided for in III of Article L. 211-14, the additional compensation that the customer is likely to receive is at least equal to the penalty he would have borne if the cancellation had occurred of his own doing on that date.
Les Voyages Extraordinaires may terminate the contract and fully reimburse customers for payments made without being required to pay additional compensation under the conditions provided for in Article L211-14-III of the Tourism Code.
These provisions do not in any way prevent the conclusion of an amicable agreement for the acceptance, by the customer, of a trip or substitute stay proposed by Les Voyages Extraordinaires.
3 – Prices and discounts / Payment
3 A – Price
The prices indicated in this contract are valid for the periods specified for each destination; taking into account the rate of the reference currency indicated for each destination and the transport costs. The price indicated may, in accordance with Article L211-12 of the Tourism Code, be revised upwards or downwards in the event of a change in the cost of transport, the fees and taxes relating to the services offered and the exchange rate applied to the stay in question. This modification will be calculated on the part of the price of the trip or stay that has been the subject of an increase, that is to say: either on the amount of the transport costs in the proportion indicated by each recipient; or on the total amount of the stay, if the rate of the reference currency used to calculate the cost of the trip (see section "Revision of prices") has increased by more than 5%. The modified prices are the subject of information that will be given, if necessary, to the customer, prior to the signature of the special conditions of sale. If the price revision occurs after the signing of the special conditions, the customer will be informed by registered letter with acknowledgment of receipt sent by Les Voyages Extraordinaires.
Any revision of the price will only be applied to customers whose departure is scheduled at least 20 days after the date of receipt of the information. In the event of an increase in the price of more than 8%, the customer may, without prejudice to an action for compensation for any damage suffered: either terminate his contract and obtain, without penalty, the immediate reimbursement of the sums paid; or accept the change in price.
3 B – Price revision / Exchange rate
This clause is drafted in accordance with Article L211-12 of the Tourism Code, which provides that the prices in the contract are not revisable unless it expressly provides for the possibility of a revision. Any change in economic conditions, in particular the cost of fuel, taxes, fees for the services offered and the exchange rates applied to the trip or stay in question, is therefore likely to result in a change in prices.
3 C – Taxes
If new taxes should come into force or if the proposed existing taxes should be increased and imposed on Les Voyages Extraordinaires, in whole or in part, the price of the package will then be increased accordingly. None of the taxes refundable to tourists from a country other than the countries visited were included in the calculation of the package price. Thus, no refund of these taxes can be requested from Les Voyages Extraordinaires by customers.
4 – Payment
4 A – Down payments
Informations about payments will be sent by Fitour. For more information email@example.com
4 B – Balance
Informations about payments will be sent by Fitour. For more information firstname.lastname@example.org
4 C – Billing adjustments
Informations about payments will be sent by Fitour. For more information email@example.com
5 – Possible changes to the programmes
5 A – Before departure
The stages of tours, hikes, excursions etc. may be modified without notice according to certain local requirements (official travel, cultural events, political, climate, etc.) on the occasion of which hotels are sometimes requisitioned or destinations impossible to access.
In addition, the circuits being doubled on certain dates, the stages can be reversed or shifted, the entirety of the visits being respected as far as possible. The opening and closing dates of hotels as well as some of the services may be subject to change.
In the event of a possible program change, Les Voyages Extraordinaires undertakes to inform the customer as soon as possible.
In the event of a modification of an essential element of the contract, the customer may either accept the modification that will be proposed to him or terminate the contract.
Are not essential elements of the contract that may lead to the termination of the contract: the reversal or postponement of a tour or a visit, the departure and arrival times, the replacement of a hotel by another of equivalent standard.
5 B – After departure
In the event that, after departure, Les Voyages Extraordinaires is unable to perform one or more essential elements of the contract, it undertakes to do everything possible to offer its customers services to replace the services provided and to bear in full the possible additional cost of these new services. If the new services were of a lower cost than those initially planned and paid by the customer, the price difference would be fully reimbursed to him upon his return. In the event that Les Voyages Extraordinaires is unable to offer replacement services, the customer will be offered, without additional price, tickets ensuring his return under equivalent conditions to the place of departure or to another place that he has freely accepted.
6 – Liability and force majeure
Under no circumstances can Les Voyages Extraordinaires be held liable for circumstances of force majeure, for third parties unrelated to the provision of the services provided for in the contract or for the poor performance of the contract attributable to the buyer.
It is expressly agreed that the damages that may be sought by the customer in compensation for his damage, whatever the cause, may not exceed, pursuant to Article L 211-17 of the Tourism Code, the limit of compensation provided for by international conventions.
It is understood that the liability in particular of the airlines whose services are used in the packages of Les Voyages Extraordinaires, and their agents or employees, is limited in the event of damage, complaint or claim of any kind, to the carriage by air of passengers and their baggage exclusively, as specified in their conditions of carriage in accordance with the provisions of the international conventions in force in this area. The concept of civil liability (accident, incident, theft) varies from country to country according to the legislation, it is strongly recommended that customers guarantee themselves by individual insurance. We advise you not to leave in your luggage, entrusted to the carriers, valuables, cash, jewelry, cameras, camcorders, keys or identity papers, medicines essential to your health. We remind you that any excursion, vehicle rental, sports activity, visit or other carried out by another intermediary or service provider that our representative office will totally release our responsibility.
Les Voyages Extraordinaires, directly or through the guides, reserves the right to exclude from its groups any traveler who would harm the tranquility and security of the group. Extraordinary Trips, directly or through the guides, may in particular exclude a member of the group who harms the reputation of Les Voyages Extraordinaires, offends, by his words or attitudes, the population of the country visited or the other participants, does not respect the legislation as well as the habits and customs of the country visited, alters the tranquility of the tourist trip of the trip in any way and / or threatens his own safety or that of the group and this, at any time, whether before departure or during shipment. In particular, any incivility, behaviour and discriminatory remarks (based in particular on health status, sex, age, sexual orientation, physical appearance, political or religious beliefs), insulting or racist are prohibited. Any proselytism, especially religious or political, is strictly prohibited for the duration of the stay.
7 – Passport, visa and health provisions
Les Voyages Extraordinaires undertakes to inform the traveller about the general provisions on passports, visas and health at the time of conclusion of the contract.
Les Voyages Extraordinaires is not responsible for the timely issuance and obtaining of the necessary visas by the diplomatic representation concerned if the traveller has instructed the tour operator to take care of it, unless the delay is attributable to Les Voyages Extraordinaires.
The traveller is responsible for obtaining and possessing the travel documents required by the authorities, proof of vaccinations or medical certificates required, as well as compliance with customs legislation and exchange rules. As these requirements are subject to change, the traveller must check for himself in good time before the start of the journey if any changes have occurred. All inconveniences, including the payment of cancellation fees, resulting from non-compliance with these requirements are his responsibility. This provision shall not apply if the non-compliance with these rules is due to incorrect information or lack of information on the part of the tour operator.
8 – Formalities
Fitour provides the customer at least ten days before the date of departure with the contact details of the person to contact on site in case of difficulties during the stay as well as the call number of Les Voyages Extraordinaires to contact in case of emergency.
Fitour informs the customer of the formalities and deadlines necessary for the completion of the trip. This information is recalled in the specific conditions for each country. Les Voyages Extraordinaires cannot be held responsible in the event that the Customer is unable to comply with health, police or customs checks. The information contained in this proposal and in the special conditions apply to French nationals. It is up to the customer of other nationality to inquire about the formalities. For minors, parents are required to have in their possession documents in good standing. Any costs shall be borne by the passengers.
9 – Valuables and luggage
9 A – Valuables
Do not take away values and only take your holiday jewelry. During your stay, we ask you not to leave unattended values or jewelry. We cannot be held responsible for theft of securities or jewelry left unattended. Similarly during the tours, Les Voyages Extraordinaires cannot be held responsible for any damage, loss or theft of personal belongings. In this case, bring only personal belongings and clothing necessary and appropriate to the specific purpose and conditions of the trip.
10 – Complaint
Customers who have observations to make on the course of their trip must do so within two years of their return by RAR letter addressed to Les Voyages Extraordinaires, 60 rue françois 1er, 75008 Paris. They will have to attach to their mail all the supporting documents concerning their claim. We therefore recommend that the customer report and have it noted on the spot, with our representative, any failure in the performance of the contract. The study of the claims files will focus only on the contractual elements of the reservation. Any subjective assessment will not be taken into account. Any compensation granted for a claim relating to land services may only be based on the price of the latter (price of the package – price of air transport). We undertake to do our utmost to process complaints within four weeks of receipt. But depending on the complexity and the need to conduct investigations with hotels or service providers, this period may be extended.
The customer may, if he wishes, after having sent a complaint without result to Les Voyages Extraordinaires initiate a mediation procedure with AME CONSO, 11 Place Dauphiné, 75001 Paris. The process of referral to the mediator is described on the AME CONSO website: https://www.mediationconso-ame.com/
The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
11 – Insurances
The guarantees are offered by Fitour. For more information firstname.lastname@example.org
Package traveller information form in accordance with Directive (EU) 2015/2302
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302.
You will therefore benefit from all the rights granted by the European Union applicable to packages, as transposed into the Tourism Code. Les Voyages Extraordinaires will be fully responsible for the proper execution of the package as a whole.
In addition, as required by law, les Voyages Extraordinaires has protection to reimburse your payments and, if transportation is included in the package, to ensure your repatriation in case it becomes insolvent.
Essential rights provided for in Directive (EU) 2015/2302 transposed into the Tourism Code :
• Travelers will receive all the essential information about the package before entering into the package travel contract.
• The organizer as well as the retailer are responsible for the proper performance of all travel services included in the contract.
• Travellers are provided with an emergency telephone number or contact details to reach the organiser or retailer.
• Travelers may transfer their package to another person, upon reasonable notice and possibly subject to paying additional fees.
• The price of the package can only be increased if specific costs increase (for example, fuel prices) and if this possibility is explicitly provided for in the contract, and in any case cannot be changed less than twenty days before the start of the package.
If the price increase exceeds 8% of the package price, the traveller may terminate the contract. If the organizer reserves the right to increase the price, the traveler is entitled to a price reduction in the event of a decrease in the corresponding costs.
• Travelers can cancel the contract without paying a cancellation fee and be fully reimbursed for payments made if any of the essential elements of the package, other than the price, undergoes a significant change. If, before the start of the package, the professional responsible for the package cancels it, travelers can obtain the refund and compensation, if applicable.
• Travelers can cancel the contract without paying a cancellation fee before the start of the package in case of exceptional circumstances, for example if there are serious security problems at the place of destination that are likely to affect the package.
• In addition, travelers may, at any time before the start of the package, terminate the contract upon payment of an appropriate and justifiable cancellation fee.
• If, after the start of the package, important elements of it cannot be provided as planned, other appropriate services must be offered to travelers, at no extra cost. Travelers can terminate the contract without paying a cancellation fee when the services are not performed in accordance with the contract, this significantly disrupts the execution of the package and the organizer does not remedy the problem.
• Travelers are also entitled to a price reduction and/or compensation in the event of non-performance or improper performance of travel services.
Travellers are also entitled to a price reduction and/or compensation in the event of non-performance or improper performance of travel services.
• The organizer must provide assistance if the traveler is in difficulty.
• If the organizer or retailer becomes insolvent, the amounts paid will be refunded. If the organizer or retailer becomes insolvent after the start of the package and if transportation is included in the package, the repatriation of travelers is guaranteed. Fitour has taken out insolvency protection with Garantie financière APST. Travelers can contact this organization (APST Financial Guarantee, address: 15 rue carnot, 75017 Paris, Email: email@example.com, Phone: + 33 144 09 25 35) if services are refused due to the insolvency of Fitour