CHAPTER I – THE MEDIATOR

Article 1.1 Designation Article 1.2 Powers Article 1.3 Independence Article 1.4 Confidentiality

CHAPTER II – SCOPE OF MEDIATION

Article 2.1 Scope of application
Article 2.2 Referral outside the scope of application

CHAPTER III – HOW MEDIATION WORKS

Article 3.1 Prior referral to the transport, travel and tourism service provider
Article 3.2 Referral procedure
Article 3.3 Opinion issued by the mediator

CHAPTER IV – EFFECTS AND END OF MEDIATION

Article 4.1 Statute of Limitations
Article 4.2 Legal Action Article 4.3 Confidentiality of the Notice

CHAPTER V – FOLLOW-UP TO THE MEDIATION

Article 5.1 Tourism and Travel Mediation Monitoring Committee Article 5.2 Mediator's Annual Report

CHAPTER VI – SCOPE OF THE CHARTER

PREAMBLE :

Service providers related to travel, tourism, accommodation, leisure, and transport, represented by their associations or directly affiliated, have internal structures for handling complaints (customer service, complaints, quality, after-sales services, etc.) to which their customers should turn in case of a dispute.

However, when they persist, disputes arising from contracts concluded between the professional and the consumer can be subject to optional and free mediation for the consumer.

To this end, these service providers, united within an association under the 1901 law called Association Médiation Tourisme et Voyage (hereinafter "MTV"), appoint a mediator, having recognized independence and authority, to give his opinion on these disputes arising from the relations between professionals and consumers.

Mediation is governed by the rules described below.

CHAPTER I – THE MEDIATOR

Article 1.1 Designation

The Ombudsman is appointed, after consultation with consumer associations*, by the institutional members as defined in section 6.2.1 of the bylaws, for a renewable term of three (3) years. He/She acts in accordance with the provisions of the Consumer Code.

Article 1.2 Skills

The Ombudsman is appointed based on his or her skills which enable him or her to give opinions in equity and in law.

Article 1.3 Independence

The Ombudsman must not be linked to a provider of transport, accommodation, leisure, travel and tourism services by an employment contract, nor hold shares in any of the providers of transport, accommodation, travel and tourism services, nor act as a consultant for any of the providers of transport, accommodation, travel and tourism services, nor have any links with a consumer association.

The Ombudsman carries out his mission with complete independence and receives no directives from anyone.

The Ombudsman cannot be dismissed during the term of his mandate.

He will have the necessary resources to fulfill his mission.

Article 1.4 Confidentiality

The Ombudsman is bound by an obligation of confidentiality.

The names of the parties, the contents of the file and the facts which he became aware of in the course of his mission remain confidential.

None of the opinions he is required to give may be disclosed to third parties without the agreement of all parties.

CHAPTER II – SCOPE OF MEDIATION

Article 2.1 Scope

Mediation applies to all disputes between a service provider related to transport, accommodation, travel, leisure and tourism, a member of one of the signatory organizations or directly adhering to this Charter, and one of its Clients (hereinafter referred to as the Client), arising from sales or service contracts concluded between the professional and the consumer

Article 2.2 Referral concerning a non-member

In the case of a professional not a member of the MTV, the Mediator may offer the said professional access to Tourism and Travel Mediation, under the conditions and rates mentioned in a document, which will be communicated to him systematically in the event of a referral.

CHAPTER III – HOW MEDIATION WORKS

Article 3.1 Prior consultation with the transport, travel and tourism service provider

Recourse to the Mediator is only admissible if the customer has previously contacted the internal department of the company responsible for settling disputes (departments in charge of customer service, complaints, quality, after-sales services, etc.).

In the event of multiple operators (e.g., flat rate/package), contacting one of the involved parties is sufficient.

The service provider related to transport, accommodation, leisure, travel and tourism informs the Client of the possibility of resorting to the "Tourism and Travel Mediation".

This communication is reflected in the inclusion, on its website, in its terms of sale and contracts, as well as in the last letter from the professional to the Client indicating his refusal or disagreement, of a mention indicating the existence of the Mediator and his ability to use it.

If the company is contacted and does not respond within 60 days, the consumer may contact the mediator

The Mediator decides on the admissibility of the disputes submitted to him.

It is recommended that the Ombudsman redirect the file which was sent to him prematurely to the complaints department of the professional in question.

If the Mediator declares himself incompetent, he must inform the Client in writing.

Article 3.2 Referral Procedure

The Client, whether acting in person or represented (when he has explicitly expressed his wish to contact the Mediator) or the provider of services related to transport, accommodation, leisure, travel and tourism, contacts the Mediator by means of a form made available by the Mediator, accompanied by a copy of the documents in his possession, either directly online or by post.

The Ombudsman acknowledges receipt of this file and asks the other party to send him the information in his possession and to explain his position within 30 days.

If no response is received within the specified timeframe, the Ombudsman will begin to investigate the case based solely on the information in his possession.

Exchanges between the Mediator and the parties are conducted in writing unless the Mediator wishes to hear both parties personally.

Article 3.3 Opinion issued by the Ombudsman
Once the investigation of the case has been completed, and within a maximum period of 90 days to

Once the case is deemed admissible, the Mediator issues an opinion based on equity and law. However, after informing the parties, this period may be extended depending on the circumstances.

of the nature, complexity, or exceptional character of the dispute.

A copy of the notice is sent to the Client and another copy to the relevant service provider.

Each party to the Mediation is free to follow or not follow the opinion given by the Mediator, and informs the other party and the Mediator of its reasons.

If the opinion has been accepted by the parties, the Mediator is entitled to be informed by them, particularly in the event of any difficulties in the implementation of this opinion.

CHAPTER IV – EFFECTS AND END OF MEDIATION

Article 4.1 Prescription

The Ombudsman must be contacted within one year of the first complaint made to the professional in question.

Article 4.2 Legal action

The Ombudsman cannot be contacted if legal action has been initiated by the air transport, accommodation, leisure, travel and tourism service provider or the Client.

Any legal action initiated by one party against the other party during the Mediation process terminates the Mediation.

The Mediator refrains from representing or advising either party in any proceedings relating to the dispute that is the subject of the mediation.

Article 4.3 Confidentiality of the notice

The Ombudsman's opinion is confidential; the parties may not, except by agreement, produce it in legal proceedings.

CHAPTER V – FOLLOW-UP TO THE MEDIATION

Article 5.1 Tourism and Travel Mediation Monitoring Committee

In order to ensure a good level of information, the Tourism and Travel Mediation monitoring committee will meet at least once a year except in exceptional circumstances, or more often at the initiative of the Mediator.

This committee is composed of representatives of the State, consumer associations*, signatories of this Charter and the Ombudsman.

Article 5.2 Ombudsman's Annual Report

The Ombudsman prepares an annual report which is made public and published on his website.

This report includes in particular an analysis of the referrals (total number, number of referrals rejected, number of opinions favorable to the professional or the consumer, ...) and a summary of the main disputes dealt with during the year.

In addition, based on the processing of individual cases, the Ombudsman can formulate proposals for improvement in order to prevent the recurrence of certain repetitive or significant disputes and contribute to improving the quality of service in the sectors concerned.

These general recommendations, the implementation of which he monitors, are included in the Ombudsman's annual report.

With the exception of the percentage of opinions followed by air transport, travel and tourism service providers, the report does not contain any names of parties to the Mediation nor any element that would allow any of these parties to be identified.

CHAPTER VI – SCOPE OF THE CHARTER

Any consumer and any provider of services related to transport, accommodation, leisure, travel and tourism, who uses the Mediator designated in accordance with this Charter, undertakes to comply with this Charter in all its provisions.

This scheme can accommodate new members. The current summary list of signatories is available on the MTV website.

Annotations:

*For the purposes of this charter, the term "consumer associations" includes all approved consumer associations not represented on the mediation evaluation and control committee

Done in Paris on January 29, 2016