TERMS AND CONDITIONS OF SALE
The French Ride (TFR) is a platform accessible at www.thefrenchride.com (the “Site“), operated by The French Ride, a limited liability company with a capital of 7,500 euros, having its registered office at 27 rue Jacotot in Aix-les-Bains (73100), registered in the Chambéry Trade and Companies Register under identification number 834 168 288, having an intra-Community VAT number FR 33 834168288, registered in the register of travel and holiday operators at Atout France located at 200, rue Raymond Losserand in Paris (75014) under the number IM073180008 (the “Seller“).
The Seller, pursuant to Article L. 211-18 of the Tourism Code, subscribed to:
- insurance covering the pecuniary consequences of his professional civil liability with HISCOX EUROPE having its registered office located at 15/19, rue Louis Le Grand, 75002 Paris;
- a sufficient financial guarantee, specially earmarked for the repayment of funds received for tourism packages, from GROUPAMA ASSURANCE-CRÉDIT & CAUTION with its registered office located at 8-10, rue d’Astorg, 75008 Paris.
The present Terms and Conditions of Sale apply, without restriction or reservation and to the exclusion of all other conditions, to all sales of package holidays, under article L. 211-2 of the Tourism Code, organized and sold by the Seller to buyers on the Site.
PRELIMINARY ARTICLE – DEFINITIONS – INTERPRETATION RULES
Terms and expressions beginning with a capital letter when used herein have the following meanings:
|« Customer »
|has the meaning ascribed thereto in the Special Conditions;
|« Contract »
|has the meaning ascribed thereto in the Special Conditions;
|« Special Conditions »
|has the meaning ascribed to it in section 1.2;
|« Motorcycle (s) »
|has the meaning ascribed to it in section 3.1;
|« Parties »
|means the Seller and the Customer;
|« Service (s) »
|means the Service (s) listed in the Special Conditions;
|« Site »
|has the meaning ascribed to it in the foregoing discussion;
|« Seller »
|has the meaning ascribed to it in the foregoing discussion.
0.2. Rules of interpretation
The rules set out below apply to the interpretation of this Agreement:
(a) the headings of the articles and appendices are included for convenience and do not affect the interpretation of any provision hereof;
(b) the use of the terms “including”,”in particular” or “including” implies that the list below is not exhaustive or exhaustive;
(c) the term “or” is not exclusive;
(d) the definition assigned to a singular term also applies to that term when it is used in the plural and vice versa. The same applies to the use of the masculine or feminine gender;
(e) the time limits expressed in days, months or years must be calculated in accordance with Articles 640 to 642 of the Code of Civil Procedure;
(f) any reference to a party includes a reference to its heirs, successors and assigns; and
(g) any reference to a document means that document as it may be modified or replaced (other than in violation of the provisions hereof).
Article 1 – PRIOR DECLARATIONS OF THE CUSTOMER – CONTRACTUAL DOCUMENTS
1.1. Customer Declaration
The Customer declares:
- to have taken full knowledge of the present and appendices;
- have received all the information necessary to make an informed decision;
- have the full capacity, power and authority to enter into and execute this Agreement; and
- the conclusion hereof does not contravene any applicable law, regulation, statute or contractual provision.
Should an event bring direct or indirect consequences to the aforementioned declarations, the Customer undertakes to inform the Seller without delay and by any means. Said information must be confirmed by the Customer by sending the Seller a registered letter with acknowledgement of receipt.
1.2. Contractual documents
Contract documents are in descending order of priority:
- the special conditions generated by the Customer on the Site (the “Special Conditions“);
- the present General Conditions of Sale.
All of the above-mentioned documents together form the contract uniting the Parties (the “Contract“).
In the event of a conflict between one or more stipulations contained in one of the above-mentioned documents, the higher-level document shall prevail.
Article 2 – Special Conditions
2.1. Generation of Special Conditions
To generate the Special Conditions, the Customer fills in the form provided for this purpose on the Site and notably fills in the following information:
- name and surname;
- telephone and email address;
- choice of services;
- number of persons participating in the Services; and
- home address.
2.2. Contents of the Special Conditions
The Special Conditions include the following information in particular:
- the planned destination (s) and in case of split stay, the different periods and their dates;
- the means, characteristics and categories of transport used, the dates and places of departure and return;
- the type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification in accordance with the regulations or customs of the host country;
- the proposed catering services;
- itinerary in the case of a circuit;
- visits, excursions or other services included in the total price of the trip or stay;
- the total price of the Services invoiced;
- the deadline for informing the Customer in the event of cancellation of the Services by the Seller in the event that the execution of the trip is linked to a minimum number of participants. In the absence of such information by the Seller, the Customer shall be reimbursed without penalty for the sums paid;
- an indication, where appropriate, of the charges or taxes relating to certain services such as landing, disembarkation or embarkation taxes in ports and airports, tourist taxes where they are not included in the price of the service (s) provided; or – an indication of the charges or taxes applicable to certain services such as landing, disembarkation or embarkation taxes in ports and airports, tourist taxes where they are not included in the price of the service (s) provided; or else
- information concerning the insurance contract, possibly taken out by the Customer, covering the consequences of certain cases of cancellation by the Customer as well as information concerning the assistance contract, possibly taken out by the Customer, covering certain specific risks, in particular repatriation costs in the event of accident or illness.
Article 3 – SERVICES
3.1. Main Features
The main characteristics of the Services, and in particular those set out in article R. 211-4 of the Tourism Code, which the Customer is required to read before any generation of Special Conditions, are presented on the Site.
The photographs and graphics presented on the Site, in particular illustrating the Services, are not contractual and cannot engage the responsibility of the Seller.
The offers of the Services are to be understood within the limits of the Seller’s possibilities as specified when placing the order (number of participants, specific periods, etc.).
The Seller undertakes to provide the Customer with the following information at least 10 calendar days before the scheduled start date of the Services:
- the name, address and telephone number of the Seller’s local representation or, in the absence thereof, the names, addresses and telephone numbers of local bodies likely to assist the Customer in the event of difficulty or, in the absence thereof, the telephone number allowing urgent contact to be established with the Seller;
- for trips and stays of minors abroad, a telephone number and an address allowing direct contact to be established with the child or the person in charge on the spot.
The Seller undertakes to provide the Customer with the departure and arrival times before the start of the Services.
The conditions under which motorcycles may be made available by the Seller (the “Motorcycle (s)” are dealt with in Article 6.
The duration of the Services shall be determined from the date of the date of notification to the point of departure on the date of return. Consequently, it is expressly recalled that the day of the journey devoted to departure and the day of the trip devoted to return are included in the duration of the Services mentioned in the Special Conditions; the first and/or last night may thus be shortened by transport, which will not give rise to any compensation.
In the event that the Services include the Customer’s accommodation, the calculation of the duration of accommodation is done per night.
Access to accommodation by the Customer is possible, except in special cases, between 5 pm on the day of arrival and 10 am on the day of departure. Hourly differences may nevertheless apply, the Seller is at the Customer’s disposal for any information.
The name of the accommodation (hotels, inns…) is provided to the Customer for information purposes only. Accommodations that may be specified in the Special Conditions may be replaced by any other accommodation of the same category.
The Customer is informed that the stages of the tour may be modified by the Seller due to local, meteorological or other reasons. Destinations and stages can thus be shifted and/or reversed. As far as possible, the Seller shall endeavour to ensure the following steps.
In any event, the Seller shall inform the Customer as soon as possible of any change.
The Customer is required to follow the stages of the Circuit according to the instructions of the Seller.
The Customer who has missed any stage of the circuit for any reason whatsoever, not directly attributable to a fault of the Seller, is fully responsible for the consequences of this failure and shall not claim from the Seller the delayed pursuit of the circuit, the catching-up of the Services or the refund of the price paid. Consequently, the Customer having decided to carry out the stages of the circuit by means of his own means of transport (personal motorbike…) shall not be able to ask the Seller for any compensation in the event of breakdown or delay of these means of transport.
3.5. Customer’s Warranty
The Customer, on its behalf and on behalf of its participants in the Services, is solely responsible to the Seller and guarantees compliance with the Contract, the specific conditions of the Seller’s partners, any internal rules of the hosting providers and all instructions and instructions relating to the Services.
The Customer and the participants are required to behave in a respectful and courteous manner when performing the Services. In the event that the Customer’s conduct or that of any participant in the Services is likely to cause injury, danger or disturbance to any person, the Seller reserves the right in its sole discretion to terminate the Services at any time. The Customer shall not be entitled to reimbursement or compensation for early termination of the Services and the Seller reserves the right to take action against the Customer on any grounds.
Article 4 – INSURANCE
The Customer is informed that he/she has the possibility of subscribing to insurance contracts on the Site covering the consequences (i) of certain cases of cancellation, and (ii) special risks, in particular repatriation costs in the event of accident or illness.
The subscription to an insurance contract is not included in the Services. In the absence of express stipulation of the Special Conditions, the Customer will not have access to the aforementioned insurance.
In case the Customer wishes to subscribe to an insurance contract, he/she should take full knowledge of the corresponding insurance policies before any subscription.
The insurance contract, whatever it may be, is concluded directly between the Customer and the insurance company. The Seller shall remain a third party to their relations and shall not be held liable for the conditions of subscription or execution of the insurance contract by the Customer.
In any event, the Seller strongly advises the Customer to be duly insured with a company whose reputation is well known and covering all types of risks that may be encountered during the Services.
Article 5 – FINANCIAL CONDITIONS
The Services are sold at the amount indicated in the Special Conditions.
The amounts are expressed in euros including value added tax. They are firm and non-editable.
Unless the Special Conditions expressly state otherwise, the price mentioned in the Special Conditions does not include all expenses of a personal or incidental nature incurred by the Customer and/or participants, transfers to or from the railway station and/or airport, any extraordinary expenses resulting from an event for which the Seller cannot be held responsible and, more generally, any services not expressly included in the Special Conditions.
When the Special Conditions include an Accommodation Service, prices are calculated according to the number of nights and not the number of full days.
5.2. Payment Schedule
The Services must be paid by the Customer, unless otherwise stipulated in the Special Conditions, according to the following schedule:
- 30% of the total price of the Services stipulated in the Special Conditions must be paid by the Customer at the time of conclusion of the Contract;
- 70 % of the total amount of the price of the Services stipulated in the Special Conditions must be paid by the Customer no later than 45 calendar days prior the start of the Services.
5.3. Methods of payment
The price is payable by secure payment, according to the following terms and conditions:
By credit card: Visa, MasterCard, American Express.
By bank transfer: according to the instructions indicated on the Site.
Payment data are exchanged in encrypted mode.
The Seller shall not be obliged to deliver the Services to the Customer if the Customer does not pay the price in full under the conditions indicated above. Payments made by the Customer shall be considered final only after the Seller has actually collected the amounts due.
Without prejudice to any possible damages, the failure of the Customer to pay a single due payment on the due date shall automatically result in the application of interest on arrears equal to three times the legal interest rate and from the first day of arrears plus additional bank charges and management fees. In addition, the Seller reserves the right to suspend or cancel the Services subscribed by the Customer.
Article 6 – PROVISION OF A MOTORCYCLE
In the event of an express and unambiguous mention in the Special Conditions, the Seller shall provide the Customer one or more Motorcycle (s). This provision of Motorcycles is necessarily part of the Services. Consequently, in the event of cancellation or suspension of the Services, the Customer shall not be able to claim the provision of the Motorcycle (s).
The provision of a Motorcycle by the Seller does not confer any ownership rights on the Motorcycle made available by the Seller.
6.2. Driver’s requirements
The Customer, as well as each of the beneficiaries stipulated in the Special Conditions, are required to comply with the following conditions:
- must be at least 20, 21, 23 or 25 years old depending on the Motorcycle model;
- have adequate physical ability to ride a motorcycle and maintain the rhythm throughout the duration of the Services;
- have had a category A or A2 driving licence or a full motorcycle licence depending on the Motorcycle model. Permits whose validity date has expired, learner’s or student driver’s licences, statements of theft or loss of a driver’s licence, requests for duplicate copies, photocopies of the driver’s licence or other documents will not be accepted by the Seller.
Driving licences issued by a country not belonging to the European Economic Area must be presented with an official translation (which must be drawn up by the embassy of the country concerned or an approved translator) or with an international permit.
An international permit cannot be presented alone, it must be accompanied by a valid national permit meeting the above-mentioned requirements.
- proof of experience in riding a motorcycle, being specified that the Seller reserves the right to ask the Customer or each of the beneficiaries stipulated in the Special Conditions for a certificate of insurance attesting that the Customer was insured for riding a motorcycle in the last 2 years. In addition, it is essential that the Customer and the said beneficiaries have the appropriate level and experience to ride a motorcycle on different types of roads (winding mountain roads, crossing cities, traffic jams, etc.) and in different climatic conditions that can complicate and/or make riding a motorcycle more difficult;
- have not been the subject of a withdrawal or suspension of a driver’s licence in the last 2 years or of cancellation or nullity of insurance contracts by an insurer for any type of vehicle.
In addition, the Customer, as well as each of the beneficiaries stipulated in the Special Conditions, must provide the Seller with the following documents, either in paper form or by e-mail, within 8 calendar days of the conclusion of the Contract:
- a copy of the valid driver’s license recognized by the Seller and the competent authorities of the countries crossed;
- a copy of the valid identity card or passport;
- any original proof of residence less than 3 months old
If one of the above-mentioned documents is not presented within the aforementioned period, the Seller shall not be obliged to provide any Motorcycle to the Customer.
The identity documents and driving licences as provided above must be presented in their original version on the day of delivery of the Motorcycle, otherwise, the Seller shall not be obliged to provide any Motorcycle to the Customer.
6.3. Terms of provision
Unless otherwise stipulated in the Special Conditions, a Motorcycle is provided to the Customer at the Seller’s registered office at the date and time agreed in the Special Conditions.
Each Motorcycle comes with:
- an ignition key and, if appropriate, the keys of the luggage and the lock;
- if appropriate, optional accessories (GPS, motorcycle luggage system, helmet, etc.);
- the following documents: insurance certificate, photocopy of the vehicle registration document, a valid insurance sticker;
- a motorcycle lock;
- a full tank of petrol.
Each motorbike and accessories provided are in perfect condition of use, in accordance with the intended use and without visible damage. In the absence of any written reserves which have been declared contradictory by the Parties at the time of delivery of the Motorcycle concerned, the Customer shall not be able to invoke, including at the time of return of the Motorcycle, the existence of any apparent defects on the day of delivery and/or the non-compliance of the Motorcycle with the stipulations of the Contract.
When the Motorcycle is handed over, the risk is transferred to the Customer who assumes the physical and legal custody of the Motorcycle under his full responsibility.
The Customer undertakes to equip itself, at its own expense, with the equipment required by law for the use of the Motorcycle. The Seller shall not be obliged to make such equipment available to the Customer.
6.4. Conditions of Use
The Customer declares that he/she has the necessary skills for the proper use of the Motorcycle.
The Customer undertakes to use the Motorcycle as a “good father” in accordance with its destination and the regulations in force, with prudence and diligence, to scrupulously respect the highway code, the instructions and instructions for use and safety set by the regulations as well as by the manufacturer of the Motorcycle or the Seller. Any infringement must be settled directly by the Customer.
For all fines, tickets and any other infringements or misdemeanours, the Seller reserves the right to transmit the details of the Customer and the beneficiaries stipulated in the Special Conditions to the competent authorities and the Customer shall pay the resulting costs, even if the Tour is completed.
The Customer is obliged to carry out the following checks on a regular basis: oil level, coolant level, tensioning and lubrication of the transmission chain and tyre pressure. The Customer shall remain vigilant to any signal emitted by the warning lights appearing on the motorcycle dashboard and shall take all necessary precautionary measures, if necessary, such as the emergency stop.
The Motorcycle made available may only be used as part of the Services and the circuit provided for. Any other use of the Motorcycle by the Customer is prohibited. As a result, the Customer agrees not to make the Motorcycle available to any third party or to carry out any journey not provided for in the tour.
The Customer also undertakes to take all necessary measures to protect goods and persons.
The Customer undertakes not to use the Motorcycle under the influence of an alcoholic state or under the influence of drugs or any other substance affecting his conscience or his ability to react.
The Customer undertakes to wear a helmet and gloves complying with current standards and road traffic regulations, as well as to wear protective equipment adapted to the practice of motorcycling.
The Customer is obliged to protect the Motorcycle from damage and not to expose it to any risk of direct or indirect damage. As a result, the Customer must systematically use the steering lock as well as the provided lock and lock the Motorcycle outside of driving periods.
The Customer undertakes never to leave the keys, GPS and papers supplied with the said Motorcycle outside of driving periods, and to keep them carefully and in a secure place.
The Customer undertakes not to modify the Motorcycle, nor to repair it without prior written notice from the Seller.
6.5. Accident – Breakdown – Theft – Loss
In the event of an accident, the Customer undertakes to immediately notify the police or other authorities if there are any injured persons. An amicable, precise and legible report duly completed must be submitted to the Seller as soon as possible.
In addition, the Customer undertakes to inform the Seller of any accident, damage, malfunction, anomaly or case of possible breakdown of the Motorcycle as soon as it is noticed or presumed by any means and to send, in addition, an e-mail to the following address: email@example.com. The Customer must then stop using the Motorcycle and refrain from repairing it or having it repaired.
In the event of theft or break-in, the Customer is obliged to immediately inform the Seller of the damage and will file a complaint with the competent authorities; he/she will submit the complaint to the Seller within a maximum of 48 hours and, in the event of theft, the keys and documents of the Motorcycle, except in cases of force majeure. The Seller’s obligation to make available hereunder shall automatically cease on the day the Motorcycle is found to be stolen. The Seller shall not be obliged to make a substitute Motorcycle available to the Customer.
In the event of a breach of the aforementioned obligations, the Customer assumes full financial responsibility in the event of breakage, any damage, loss or theft of the Motorcycle, accessories or any of the elements of the Motorcycle, including in the event of a Third-Party.
In case of loss of the motorcycle keys, these will be invoiced to the Customer as well as, if necessary, the costs of repatriation of the Motorcycle.
The Customer undertakes to return the Motorcycle to the Seller in perfect condition at the day, place and time of return agreed in the Special Conditions with a full tank of petrol.
Any delay in the return of the Motorcycle will automatically give rise, without any particular formality or prior formal notice, to the application of penalties for delay. These late payment penalties will be due and automatically deducted from the first day of delay as follows: 10% of the total price of the Services per calendar day of delay and from the first day of delay. It is specified that these penalties do not constitute a lump-sum compensation for damages suffered by the Seller. The application of penalties is independent of any other damages suffered by the Seller as a result of the delay.
6.7. Liability – Insurance
The Customer shall remain the guardian of the Motorcycle from the time it is first made available to the Seller until it has been duly handed over.
The Customer is solely responsible for any damage caused to the Motorcycle, any violation of the Highway Code and any damage caused by the Motorcycle to any person or property. This responsibility ceases with the return of the keys and the Motorcycle to the Seller after the establishment of a contradictory statement on the state of the Motorcycle and accessories. However, the Customer remains entirely and solely responsible for all damage caused prior to the return of the Motorcycle.
Any refusal to carry out the contradictory statement in the agreed conditions, entails acceptance by the Customer of the invoicing of possible damages noted in his absence.
If the Motorcycle is returned outside opening hours, the Customer remains solely responsible for any damage caused or suffered by the Motorcycle and this until the Company has drawn up a report with both parties, resulting in the acceptance by the Customer of the invoice for any damage observed in his absence.
In the event that the Motorcycle and its accessories are not returned in their original condition or lost, the Customer shall then undertake to compensate the Seller financially for the amount of the necessary repairs or replacement.
The terms and conditions of the insurance policy included in the provision of the Motorcycle are set out in the Special Conditions. The Customer is required to comply with all the stipulations of this insurance policy, both its general and specific conditions. Furthermore, he may not claim reimbursement from the Seller for any deductible paid.
Motorcycles are only insured for the duration of the rental period indicated in the Special Conditions. After this period, and unless the extension is accepted, the Seller declines all responsibility for any accidents that the Customer may have caused and for which he will have to do his personal business, except for the exclusions provided by law.
6.8. Security Deposit
The Customer is obliged to grant a security deposit of an amount stipulated in the Special Conditions, in the form of a bank imprint. The security deposit may be used by the Seller to secure the Customer’s obligations hereunder.
The balance remaining after deduction of the expenses to be paid (in respect of the Services and additional costs not paid, repair and/or replacement of the Motorcycle, expenses of return of the motorcycle without petrol…) will be returned to the Customer 30 days after the Customer has made a written request and after payment by the Customer of all his obligations.
Article 7 – ADMINISTRATIVE FORMALITIES
The Seller shall inform the Customer, prior to the conclusion of the Contract, of the administrative and sanitary formalities for French nationals, or for nationals of another Member State of the European Union or of a State party to the Agreement on the European Economic Area in the event of border crossings and their deadlines.
It is the responsibility of nationals of other nationalities to obtain information from their consular authorities and/or embassies.
The Customer shall be responsible for the completion of the administrative formalities and the resulting costs. If the Customer is denied boarding or access to the country of transit or destination for failure to comply with police, health or customs formalities, the Seller may not be held liable under any circumstances and the Services shall in no event be refunded to the Customer.
The Customer alone shall bear any penalties and/or fines that may be imposed as a result of non-compliance with any police, health or customs regulations, as well as any consequences that may result. The Seller may not be held responsible for, or refund the Services or any costs whatsoever.
Article 8 – ASSIGNMENT
The Customer may assign the Contract to an assignee who meets the same conditions as the Customer in order to benefit from the Services, as long as the Contract has no effect.
The Customer is required to inform the Seller of the assignment of the Contract by any means enabling it to obtain acknowledgement of receipt at least 7 days before the commencement of the Services. Failing this, the assignment of the Contract shall not be enforceable against the Seller, who shall not be obliged to provide the Services to the assignee.
Article 9 – WITHDRAWAL – CANCELLATION – AMENDMENT
9.1. Right of withdrawal
In accordance with the provisions of Article L. 221-28,12° of the consumption code, the Customer does not have a withdrawal period. Consequently, the Customer shall not be able to withdraw from his commitment once the Contract has been concluded.
9.2. Cancellation – Change at the Customer’s initiative
Any request for cancellation or modification of the Services requested by the Customer entails the following fees:
- cancellation or modification occurring more than 45 calendar days before the departure date: 30% of the total amount of the Services;
- cancellation or modification occurring between the 45th day and the 31st day (including) before the departure date: 50% of the total amount of the Services;
- cancellation or modification occurring between the 30th day and the 21st day (inclusive) before the departure date: 75% of the total amount of the Services;
- cancellation or modification occurring between the 20th day and the day of departure or after departure: 100% of the total amount of the Services.
9.3. Cancellation – Modification at the initiative of the Seller
In the event that the Contract is modified by the Seller on one of its essential elements, prior to the commencement of performance of the Services and, in any event, prior to the departure of the Customer, the Customer must, within 8 days after being informed thereof in writing by the Seller:
- either terminate the Contract, the Customer then obtains without penalty for the Seller, immediate reimbursement of the sums paid;
- or accept the modification proposed by the Seller by signing an amendment to the Contract specifying the modifications made. Any price reduction shall be deducted from any sums remaining due by the Customer and, if the payment already made by the latter exceeds the price of the modified Service, the overpayment shall be returned to the Customer.
In the event that the Services are cancelled by the Seller prior to the departure of the Customer, the Customer shall be informed thereof by any means which enables him to obtain an acknowledgement of receipt. The Customer shall then obtain immediate reimbursement of the sums paid; in this case, the Customer shall receive an indemnity at least equal to the penalty he would have borne if the cancellation had been made by him on that date.
The Seller may cancel the Contract and fully reimburse the Customer for the payments made, but is not obliged to pay any further compensation, if:
– the number of people registered for the trip or tour is less than the minimum number specified in the Contract and the Seller notifies the Customer of the cancellation of the Contract within the period specified in the Contract, but no later than:
- twenty days before the beginning of the trip or tour in the case of trips lasting more than six days;
- seven days before the beginning of the trip or tour in the case of trips lasting between two and six days;
- forty-eight hours before the beginning of the trip or tour in the case of trips lasting no more than two days.
The present stipulations do not constitute an obstacle to the conclusion of an amicable agreement aimed at the acceptance by the Customer of a substitute Service proposed by the Seller.
In any event and in accordance with Article L. 211-16 of the Tourism Code, the Seller may waive all or part of its liability by proving that the non-performance or improper performance of the Contract is attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party not involved in the provision of the Services, or to a case of force majeure.
Article 10 – GUARANTEES – LIABILITY OF THE SELLER
|In accordance with Article L. 211-16 of the Tourism Code, the Seller is legally liable to the Customer for the proper performance of the obligations resulting from the Contract, whether or not this Contract has been concluded at a distance and whether or not these obligations are to be performed by the Seller or by other service providers, without prejudice to its right of recourse against them and within the limits of compensation provided for in international conventions.
However, the Seller may waive all or part of its liability by proving that the non-performance or improper performance of the Contract is attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party not involved in the provision of the Services provided for in the Contract, or to a case of force majeure.
The Seller has a “professional travel agency civil liability” insurance policy taken out with the company HISCOX EUROPE having its head office located at 15/19 rue Louis Le Grand in Paris (75002), covering bodily, material and immaterial damages which could be caused to customers as a result of failure or default due to its services in the context of its activities of sale of travel and/or stays up to 1 500 000 €.
The Customer declares for its own account and that of the beneficiaries stipulated in the Special Conditions that they accept the risks and danger inherent to any motorcycle trip and that they are informed that the circuits offered by the Seller require the use of a motorcycle for long distances for several days in a row. The Seller may not be held liable for a Customer who is not at the level required to follow the rhythm imposed by a Tour.
Article 11 – REPRODUCTION OF ARTICLES R. 211-3 A R. 211-11 OF THE TOURISM CODE
In accordance with Article R. 211-12 of the Tourism Code, the provisions of Articles R. 211-3 to R. 211-11 of the same Code are reproduced below:
Article R. 211-3
Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel or subsistence services shall give rise to the submission of appropriate documents which comply with the rules laid down in this Section.
In the event of the sale of air tickets or regular line tickets not accompanied by services relating to such transport, the seller shall issue the buyer with one or more tickets for the entire journey, issued by or under the responsibility of the carrier. In the case of transport on request, the name and address of the carrier on whose behalf the tickets are issued must be given.
Separate invoicing of the various elements of the same tourist package shall not exempt the seller from the obligations imposed on him by the regulatory provisions of this section.
Article R. 211-3-1
The exchange of pre-contractual information or the provision of contractual terms and conditions shall be effected in writing. They may be done electronically under the conditions of validity and exercise provided for in Articles 1125 to 1127-6,1176 and 1177 of the Civil Code. The name or business name and address of the seller and an indication of his registration in the register provided for in Article L (a) shall be indicated. 141-3 or, where applicable, the name, address and registration of the federation or union referred to in the second paragraph of Article R. 211-2.
Article R. 211-4
Prior to the conclusion of the contract, the seller must provide the consumer with information on prices, dates and other elements of the services provided during the journey or stay such as:
1° The destination, means, characteristics and categories of transport used;
2° The type of accommodation, its location, its level of comfort and its main characteristics, its type approval and tourist classification corresponding to the regulations or customs of the host country;
3° The catering services offered;
4° The description of the itinerary when it concerns a circuit;
5° Administrative and health formalities to be carried out by nationals or nationals of another Member State of the European Union or of a State party to the Agreement on the European Economic Area in the event of, inter alia, the crossing of frontiers and their time limits;
6° Visits, excursions and other services included in the package or possibly available for an extra charge;
7° The minimum or maximum size of the group enabling the journey or stay to be carried out and, if the journey or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or stay; this date cannot be less than 21 days before departure;
8° The amount or percentage of the price to be paid as an advance on conclusion of the contract and the payment schedule for the balance;
9° The modalities of price revision as provided for in the contract pursuant to article R. 211-8;
10° The cancellation conditions of a contractual nature;
11° The cancellation conditions defined in articles R. 211-9, R. 211-10 and R. 211-11;
12° Information concerning the optional subscription of an insurance contract covering the consequences of certain cancellation cases or an assistance contract covering certain specific risks, in particular repatriation expenses in the event of accident or illness;
13° Where the contract includes air transport services, the information, for each flight segment, provided for in sections R. 211-15 to R. 211-18.
Article R. 211-5
The prior information given to the consumer is binding on the seller, unless the seller expressly reserves the right to modify certain elements of it. In this case, the seller must clearly indicate to what extent this modification can take place and on which elements.
In any event, changes to prior information must be communicated to the consumer before the conclusion of the contract.
Article R. 211-6
The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. Where the contract is concluded by electronic means, Articles 1125 to 1127-6,1176 and 1177 of the Civil Code shall apply. The contract must include the following clauses:
1° The name and address of the seller, his guarantor and his insurer as well as the name and address of the organiser;
2° The destination or destinations of the trip and, in the case of a split stay, the different periods and their dates;
3° The means, characteristics and categories of transport used, the dates and places of departure and return;
4° The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification in accordance with the regulations or customs of the host country;
5° The catering services offered;
6° The route in the case of a circuit;
7° Visits, excursions or other services included in the total price of the trip or stay;
8° The total price of the services invoiced and an indication of any possible revision of this invoicing in accordance with the provisions of Article R. 211-8;
9° An indication, if applicable, of the charges or taxes relating to certain services such as landing, disembarkation or boarding taxes in ports and airports, tourist taxes when they are not included in the price of the service (s) provided;
10° The timetable and the payment terms of the price; the last payment made by the buyer may not be less than 30% of the price of the trip or stay and must be made at the time of handing over the documents allowing the trip or stay to be carried out;
11° The special conditions requested by the buyer and accepted by the seller;
12° The terms and conditions according to which the buyer may seize the seller of a claim for non-performance or improper performance of the contract, which claim must be addressed as soon as possible, by any means enabling an acknowledgement of receipt to be obtained from the seller and, if necessary, notified in writing to the tour operator and the service provider concerned;
13° The deadline for the buyer to be informed in case of cancellation of the trip or stay by the seller in the event that the realization of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of Article R. 211-4,7°;
14° The cancellation conditions of a contractual nature;
15° The cancellation conditions provided for in articles R. 211-9, R. 211-10 and R. 211-11;
16° Details concerning the risks covered and the amount of guarantees under the insurance contract covering the consequences of the seller’s professional civil liability;
17° The information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as that concerning the assistance contract covering certain specific risks, in particular the costs of repatriation in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the excluded risks;
18° The deadline for informing the seller in case of assignment of the contract by the buyer;
19° The commitment to provide the buyer, at least ten days before the date of departure, with the following information:
(a) The name, address and telephone number of the local representative office of the seller or, in the absence thereof, the names, addresses and telephone numbers of local bodies likely to assist the consumer in the event of difficulty or, in the absence thereof, the telephone number for urgent contact with the seller;
(b) For travels and stays of minors abroad, a telephone number and an address allowing direct contact to be established with the child or person in charge on the spot;
20° The clause of cancellation and reimbursement without penalties of the sums paid by the buyer in case of non-compliance with the obligation of information provided for in 13° of article R. 211-4;
21° The commitment to provide the buyer, in good time before the start of the trip or stay, with the departure and arrival times.
Article R. 211-7
The buyer may assign his contract to an assignee who satisfies the same conditions as him for making the journey or stay, provided that this contract has no effect.
Unless otherwise agreed in favour of the transferor, the seller is obliged to inform the seller of his decision by any means enabling him to obtain an acknowledgement of receipt no later than seven days before the start of the journey. In the case of a cruise, this period is extended to 15 days. This assignment is not subject, under any circumstances, to prior authorization by the seller.
Article R. 211-8
When the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it must indicate the precise methods of calculating, both upwards and downwards, price changes, in particular the amount of transport costs and related taxes, the currency or currencies which may have an impact on the price of the trip or stay, the part of the price to which the variation applies, the rate of the currency or currencies used as a reference when establishing the price listed in the contract.
Article R. 211-9
If, prior to the departure of the buyer, the seller is forced to modify one of the essential elements of the contract, such as a significant price increase, and if the seller is not aware of the obligation to provide information mentioned in item R, item 13. 211-4, the buyer may, without prejudice to any claims for compensation for damages which may be suffered, and after having been informed thereof by the seller by any means capable of obtaining an acknowledgement of receipt:
– either terminate his contract and obtain without penalty the immediate reimbursement of the sums paid;
– or accept the modification or replacement trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any price reduction is deducted from any sums remaining due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the excess payment must be returned to him before the date of his departure.
Article R. 211-10
In the case provided for in Article L. 211-14, when, prior to the departure of the buyer, the seller cancels the trip or the stay, he must inform the buyer by any means allowing him to obtain an acknowledgement of receipt; the buyer, without prejudice to any claims for compensation for damages that may have been suffered, shall obtain immediate reimbursement from the seller without penalty of the sums paid; in this case, the buyer shall receive compensation at least equal to the penalty he would have borne if the cancellation had been made by him on that date.
The provisions of this article shall in no way prevent the conclusion of an amicable agreement to accept, by the buyer, a substitute trip or stay proposed by the seller.
Article R. 211-11
If, after the Buyer’s departure, the Seller is unable to provide a substantial part of the services provided for in the contract representing a significant percentage of the price paid by the Buyer, the Seller shall immediately take the following measures without prejudice to any claims for damages which may arise:
– either offer services as a replacement for the services provided, possibly at any additional cost, and if the services accepted by the buyer are of inferior quality, the seller must reimburse the difference in price as soon as he returns;
– or, if he is unable to offer any replacement services or if these are refused by the buyer for valid reasons, provide the buyer with tickets at no extra cost to ensure his return under conditions which can be deemed equivalent to the place of departure or to another place accepted by both parties.
The provisions of this article shall apply in the event of non-compliance with the obligation provided for in 13° of article R. 211-4.
Article 12 – DATA PROTECTION & FREEDOM OF INFORMATION
In application of the law n° 78-17 of January 6,1978, it is recalled that the nominative data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any of the Seller’s partners responsible for the execution, processing, management and payment of orders.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access to modify, rectify and oppose the information concerning him/her.
The conditions for the processing of the Customer’s personal data are explained in detail in the General Conditions of Use of the Site accessible here.
The Customer may exercise his rights by writing to the following e-mail address: firstname.lastname@example.org, or to the following postal address: The French Ride – 27 rue Jacotot in Aix-les-Bains (73100).
A reply to the Customer’s request will be sent within 30 days.
Article 13 – INTELLECTUAL PROPERTY
The content of the Site is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offence of counterfeiting.
Article 14 – SITE AVAILABILITY
The Seller makes every effort to ensure the availability of the Site, 24 hours a day and 7 days a week.
The Seller nevertheless declines all responsibility in the event of unavailability of the Site, at any time or for any period. The Customer is warned of technical contingencies and access interruptions that may occur. Consequently, the Seller shall not be held responsible for any unavailability or slowdown of the Site.
Article 15 – APPLICABLE LAW – LANGUAGE
This Agreement and the transactions arising from it are governed by and subject to French law.
In the event that these conditions are translated into one or more foreign languages, only the French text will be authoritative in case of dispute.
Article 16 – DISPUTES
In the event that a dispute concerning the validity, performance or interpretation of this Contract is brought before the civil courts, it shall be subject to the exclusive jurisdiction of the French courts to which it is expressly assigned.
In the event that the Customer is a professional within the meaning of consumer law and the dispute is brought before the civil courts, the Commercial Court of Chambéry has jurisdiction.
The Customer is informed that he may in any case resort to conventional mediation or to any alternative dispute resolution (e. g. conciliation) in the event of dispute.
Article 17 – PRECONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
The Customer acknowledges having communicated, prior to placing his order, in a legible and understandable manner, these General Terms and Conditions of Sale and all the information and information referred to in Articles L. 111-1 to L. 111-8 of the Consumer Code, and in particular:
- the essential characteristics of the Services;
- the price of the Services and ancillary costs;
- information relating to the Seller’s identity, postal, telephone and electronic contact details and activities, if they do not emerge from the context;
- information on legal and contractual guarantees and their implementation;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information about the right of withdrawal, termination terms and other important contractual conditions.
Ordering on the Site implies full acceptance and acceptance of these Terms and Conditions of Sale, which is expressly recognized by the Customer, who renounces, in particular, to avail himself of any contradictory document, which would be unenforceable to the Seller.