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+33 1 46 21 55 62 contact@evasionavelo.fr
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GENERAL AND SPECIFIC SALES TERMS AND CONDITIONS

Évasion à vélo is simplified joint stock company, the purpose of which is to organize the sale of holiday trips, private or professional. Its capital is 20.000 € and its head office is located at 9, rue Neuve Saint-Germain 92100 Boulogne; it is registered under number 832 268 279 at the RCS (Business and Corporation Registry) of Nanterre.

Évasion à vélo is registered with the Registry of Tour and Stay Operators under the following number: IM092180012.

The Évasion à vélo company has subscribed to an insurance contract with the Hiscox Company to guarantee its professional Civil Liability to the amount of €1,500,000.

Use of the services sold by Évasion à vélo implies total and unreserved acceptance of the present general and specific conditions.

Évasion à vélo retains the right to modify its general conditions at any time. These will be immediately applicable as soon as the Évasion à vélo client have been informed of the modifications.

The present General Sales Conditions apply to sales of trips, packages or stays in the Tourism Code sense, which are proposed on the site.

In line with article R. 211-12 of the Tourism Code, the following extracts have been reproduced in their entirety:

Article R211-3 – Amended by Decree No. 2009-1650 of 23 December 2009 - art. 1

Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel or accommodation services shall be subject to the submission of appropriate documents in accordance with the rules defined by this section. In the event of the sale of air tickets or regular line tickets not accompanied by services related to such transport, the seller shall issue to the buyer one or more transit tickets for the entire journey, issued by the carrier or under its responsibility. In the case of on-demand transport, the name and address of the carrier on whose behalf the tickets are issued must be indicated. Separate invoicing of the various elements of the same tourist package does not exempt the seller from the obligations imposed on him by the regulatory provisions of this section.

 Article R211-3-1 – Created by Decree No. 2009-1650 of 23 December 2009 - art. 1

The exchange of pre-contractual information or the provision of contractual conditions shall be made in writing. They may be carried out electronically under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code. The name or business name and address of the seller and the indication of his registration in the register provided for in Article L. 141-3 a 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 shall be mentioned.

 Article R211-4  – Created by Decree No. 2009-1650 of 23 December 2009 - art. 1

Before concluding the contract, the seller must provide the consumer with information on prices, dates and other elements of the services provided during the trip 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 certification and its tourist classification corresponding to the regulations or customs of the host country;

3° The catering services offered;

4° The description of the itinerary in the case of a circuit;

5° Administrative and health formalities to be carried out by nationals or by 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, in particular, crossing borders and the time limits for their completion;

6° Visits, excursions and other services included in the package or possibly available for an additional charge;

7° The minimum or maximum size of the group allowing the trip or stay to take place and, if the trip 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 may not be set at less than twenty-one days before departure;

8° The amount or percentage of the price to be paid as a deposit upon conclusion of the contract and the schedule for payment of the balance;

9° The terms and conditions for price adjustments as provided for in the contract pursuant to Article R. 211-8;

10° 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 cases of cancellation or an assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness;

13° Where the contract includes air transport services, the information, for each flight section, provided for in Articles R. 211-15 to R. 211-18.

 Article R211-5 – Amended by Decree No. 2009-1650 of 23 December 2009 - art. 1

The prior information given to the consumer is binding on the seller, unless the seller has expressly reserved the right to modify certain elements of it. In this case, the seller must clearly indicate to what extent this modification may occur and on which elements. In any event, changes to the prior information must be communicated to the consumer before the contract is concluded.

 Article R211-6 – Amended by Decree No. 2009-1650 of 23 December 2009 - art. 1

The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which must be given to the buyer, and signed by both parties. Where the contract is concluded by electronic means, Articles 1369-1 to 1369-11 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 itinerary 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 as well as the indication of any revision of this invoicing pursuant to the provisions of Article R. 211-8 ;

9° The indication, if applicable, of the fees or taxes relating to certain services such as landing, disembarkation or embarkation taxes in ports and airports, tourist taxes when they are not included in the price of the service or services provided;

10° The schedule and terms of payment 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 when the documents enabling the trip or stay to be carried out are delivered;

11° The special conditions requested by the buyer and accepted by the seller;

12° The manner in which the buyer may lodge a complaint with the seller for non-performance or improper performance of the contract, which must be addressed as soon as possible, by any means making it possible to obtain an acknowledgement of receipt from the seller, and, where appropriate, notified in writing, to the tour operator and the service provider concerned;

13° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7° of Article R. 211-4 ;

14° 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 cover under the insurance contract covering the consequences of the seller's professional civil liability;

17° 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 information concerning the assistance contract covering certain specific risks, in particular repatriation costs 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 risks excluded;

18° The deadline for informing the seller in the event of a transfer of the contract by the buyer;

19° The commitment to provide the buyer, at least ten days before the scheduled departure date, with the following information:

- (a) The name, address and telephone number of the local representative of the seller or, failing that, the names, addresses and telephone numbers of local bodies likely to assist the consumer in the event of difficulties or, failing that, the telephone number making it possible to establish urgent contact with the seller;

- (b) For the travel and stay abroad of minors, a telephone number and an address to establish direct contact with the child or the person in charge of the child's stay;

20° The clause of termination and refund without penalty of the sums paid by the buyer in the event of non-compliance with the information obligation provided for in 13° of Article R. 211-4;

21° The commitment to provide the buyer, in due time before the beginning of the trip or stay, with the departure and arrival times.

 Article R211-7 – Amended by Decree No. 2009-1650 of 23 December 2009 - art. 1

The buyer may assign his contract to an assignee who meets the same conditions as him to carry out the trip or stay, as long as this contract has not produced any effect. Unless otherwise agreed in favour of the transferor, the latter is required to inform the seller of his decision by any means making it possible to obtain an acknowledgement of receipt at the latest seven days before the start of the journey. In the case of a cruise, this period is extended to fifteen days. This transfer is not subject, under any circumstances, to prior authorization by the seller.

 Article R211-8 – Amended by Decree No. 2009-1650 of 23 December 2009 - art. 1

Where the contract expressly provides for the possibility of revising the price, within the limits provided for in Article L. 211-12, it must specify the precise methods of calculating price changes, both upward and downward, and 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 change applies, the rate of the currency or currencies used as a reference when establishing the price indicated in the contract.

 Article R211-9 – Amended by Decree No. 2009-1650 of 23 December 2009 - art. 1

When, before the buyer's departure, the seller is forced to make a modification to one of the essential elements of the contract such as a significant increase in the price and when he ignores the obligation to provide information mentioned in 13° of Article R. 211-4, the buyer may, without prejudice to any claims for compensation for any damage suffered, and after having been informed by the seller by any means enabling him to obtain an acknowledgement of receipt:

  • either terminate his contract and obtain immediate reimbursement of the sums paid without penalty;
  • either accept the modification or the alternative trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any amounts still 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 R211-10  – Amended by Decree No. 2009-1650 of 23 December 2009 - art. 1

In the case provided for in Article L. 211-14, when, before the buyer's departure, the seller cancels the trip or 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 any damage suffered, obtains from the seller an immediate refund and without penalty of the sums paid; in this case, the buyer receives compensation at least equal to the penalty he would have incurred if the cancellation had occurred on that date. The provisions of this article shall in no way prevent the conclusion of an amicable agreement aimed at the acceptance, by the buyer, of an alternative trip or stay proposed by the seller.

 Article R211-11

Where, after the buyer's departure, the seller is unable to provide a predominant share of the services provided for in the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudice to any claims for compensation for damage suffered:

  • either offer services in replacement of the planned services, possibly bearing any additional cost and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him, upon his return, the difference in price;
  • or, if he cannot offer any replacement service or if it is refused by the buyer for valid reasons, provide the buyer, without additional cost, with transport tickets to ensure his return under conditions that may be considered equivalent to the place of departure or to another place accepted by both parties. The provisions of this article are applicable in the event of non-compliance with the obligation provided for in 13° of article R. 211-4.

SPECIAL CONDITIONS OF SALE

In accordance with Articles L. 121-16 and L. 121-21-8 of the Consumer Code, these conditions constitute a contract which is not subject to the right of withdrawal.


1. RESERVATION AND PAYMENT TERMS AND CONDITIONS

  • a) Booking

At the time of booking, the customer must have read the special conditions applicable to travel in addition to the general sales information

Booking a trip requires the signature of a quotation and the payment of a deposit of 30% of the total amount of the trip upon receipt of the corresponding invoice. Travel insurance must be paid in full upon registration.

When booking within 30 days of the first day of travel, the total amount of the trip must be paid upon receipt of the total travel invoice.

Évasion à vélo confirms the reservation upon receipt of the signed quote, the 30% deposit or the total amount of the stay, and the registration form, by sending a confirmation e-mail.

Cancellation fees and the application of these General and Special Terms and Conditions of Sale shall be effective as soon as the signed quotation is received.

The amounts indicated on the estimates and invoices are expressed "All taxes included". In accordance with the law, Evasion à vélo may be obliged to change its rates in the event of a change in the VAT rate.

Immediately notified customers are then required to pay this supplement. The refusal will be considered as a customer cancellation (see the paragraph "customer cancellation" for cancellation terms and refund amount)

  • b) Method of payment

If the booking is made more than 30 days before departure, a deposit of 30% of the total price must be paid at the same time as the acceptance of the quote. The balance of the travel amount is then paid no later than 30 days before the departure date.

If the reservation is made within 30 days of the departure date, payment of the total price must be made at the same time as acceptance of the quote.

The full premium for the travel insurance offered by Evasion à vélo is payable at the time of acceptance of the quote.

Evasion à vélo reserves the right to cancel the contract if the final payment is not received on time. In such a case, the deposits will be retained by Evasion à vélo as a penalty as stipulated above, without prejudice to any action that may be taken against the defaulting customer. Therefore, Evasion à vélo will not be required to keep the availability of the trip.


2. ASSIGNMENT, CANCELLATION OR AMENDMENT OF THE CONTRACT

  • a) Modification or cancellation due to Evasion à vélo

If, before departure, Evasion à vélo is forced to make a significant change in the services included in the booked trip, Evasion à vélo will notify the customer by any means necessary to obtain an acknowledgement of receipt as soon as possible.

The customer will be able to:

  • Either terminate the contract and obtain a full refund of the sums paid;
  • Either accept the modification proposed by Évasion à vélo. In this case a new quotation will be drawn up with the modifications. In the case of a price reduction, the overpayment will be refunded before the departure date.

The customer must inform us of his decision (acceptance of the modification or termination) within a maximum period of 7 days from receipt of the above-mentioned information. If no answer is received within this period, the customer will be deemed to have accepted the proposed modification.

If Evasion à vélo decides to cancel the trip before departure, Evasion à vélo will inform the customer by any means necessary to obtain an acknowledgement of receipt. If the parties cannot reach an amicable agreement on an alternative trip, Evasion à vélo will reimburse the customer for all amounts paid.

  • b) Cancellation by the customer

The customer may cancel his trip at any time after signing and accepting the quote. He must give reasons in writing (e-mail or post). Whatever the cause or causes, the client must pay Evasion à vélo a cancellation fee:

  • In case of cancellation by the customer(s) notified more than 30 days before the first day of the trip, 20% of the price of the stay will be retained individually, with a minimum of 120,00€ per person.
  • In case of cancellation by the customer(s) notified within 30 days of the first day of the trip, 30% of the price of the stay will be retained individually, with a minimum of 150,00€ per person.
  • In case of cancellation by the customer(s) notified within 20 days of the first day of the trip, 50% of the price of the stay will be retained individually.
  • In case of cancellation by the customer(s) notified within 10 days of the first day of the trip, 75% of the price of the stay will be retained individually.
  • In the event of cancellation by the customer(s) notified less than 3 days before the first day of the trip, or in the event of failure to present the customer(s) at the start of the trip, 100% of the trip price will be retained individually.
  • c) Cancellation insurance

Evasion à vélo offers its customers cancellation insurance to be taken out individually. If the cancellation insurance contract has been taken out, it will apply for the reasons provided for in the contract, after examination of the supporting documents by the insurer. Trip cancellation does not exempt you from paying for the trip in full; any reimbursement procedure by the insurance company can only be initiated on this condition. The customer can consult the insurance conditions on the website www.evasionavelo.fr or ask to be informed by e-mail.

  • d) Modifications or interruption due to the customer's fault

The customer may request changes to his trip after signing the trip quotation. Each modification requires administrative interventions and/or reservations by Evasion à vélo. This is why for each modification a supplement of 30 € per person will be charged if Evasion à vélo is able to satisfy this request and it is made more than 30 days before the departure date.

The cancellation of one or more services is not considered as a modification. The cancellation of a service is subject to the fees indicated in the paragraph "Cancellation by the Client", determined by the number of days preceding the departure.

A modification is understood by the replacement of one service by another. If the proposed replacement service is of a higher cost, the difference in cost will be charged to the customer. In the event of a replacement service at a lower cost, the difference cannot be reimbursed by Evasion à vélo for the cost of cancelling the first service offered.

Any trip interrupted by the customer's decision (for health, level, or other reasons) does not entitle the customer to any refund by Evasion à vélo of unused services. Any additional costs incurred by the customer as a result will not be reimbursed.

  • e) Assignment by the customer

In accordance with the law, Evasion à vélo allows its customers the possibility of assigning their travel sales contract to a third party. To be valid, the customer(s) must inform Evasion à vélo of this decision at the latest seven days before the departure of the trip (date as postmark). The decision must include the exact and complete contact details of the new participant(s). The insurance options have not been transferred and the transferor and the transferee remain jointly and severally liable for the payment of the balance of the stay as well as for any additional costs involved in the transfer. In all cases, additional processing fees are due by the client (transferor and transferee jointly and severally):

  • 50 € per transmission and per person less than 60 days before departure of the trip
  • 75 € per transmission and per person less than 30 days before departure of the trip


3. CYCLING, SAFETY RULES, LUGGAGE TRANSPORT, EQUIPMENT RENTAL AND ITINERARIES

The customer of Evasion à vélo undertakes to:

  • Know how to ride a bike and have no contraindications to the practice of this activity. S/He must ensure that her/his physical condition is adapted to the intended trip and Evasion à vélo cannot be held responsible in the event of physical insufficiency revealed, in particular during the trip
  • To respect the safety rules relating to this activity at all times enacted by the Highway Code and in particular the wearing of a helmet, which is mandatory for children under 12 years of age. It is also strongly recommended for adults and adolescents.

In any case, Evasion à vélo cannot be held responsible for any failure to perform due to bad weather or any other case of force majeure, or due to a failure by the customer to comply with safety rules.

Evasion à vélo uses the services of outside service providers for the transport of luggage during the trip and will not pay any compensation in the event of damage to the luggage. Each customer is required to keep with her/him and under her/his responsibility fragile and precious objects (glasses, electronic devices, documents, cash, etc.) at all times

Évasion à vélo uses partners to rent bicycles. The maintenance and control of the equipment is carried out by the partner who is solely responsible for it. Evasion à vélo cannot be held responsible in the event of defective equipment that has not been reported by the customer to the partner.

The customer is fully responsible for the condition of the rented bike at the end of the ride. S/He accepts to take charge of any repair following the damage he could have caused. It will therefore be up to the customer to provide proof that the condition in which the bicycle is returned is the same as the one in which it left or that the damage caused is not his fault. Likewise, s/he agrees to bear all costs related to the loss or theft of the rented equipment.

The routes indicated by Evasion à vélo are recommended and non-compulsory routes; Évasion à vélo cannot be held responsible for changes resulting from detours, ongoing road works and developments, or traffic modifications on the proposed routes. In all cases, the customer must comply with traffic and road safety rules and under no circumstances can Evasion à vélo be held responsible for any accidents that may occur on these routes


4. RESPONSIBILITY

Under no circumstances may Evasion à vélo be held liable for circumstances of force majeure, for circumstances caused by third parties outside the services provided for in the contract or for improper implementation of the contract, for which the customer is responsible. Evasion à vélo cannot be held responsible for the execution of services purchased on site by the client and not provided for in the description, nor for transport to the place of departure and from the place of arrival of the trip. Evasion à vélo cannot be held responsible for delays, changes in the rail carrier's schedules or itineraries that the customer decides to use before, after or during the period of stay. In such conditions, any delay suffered will not result in any compensation to be paid by Evasion à vélo.


5. WITHDRAWALS AND COMPLAINTS

  • a) Right of withdrawal

In accordance with article L.121-20-4 of the Consumer Code, the customer does not have a right of withdrawal once the quote has been accepted by e-mail.

  • b) Complaint

Any failure in the performance of the contract must be noted on the spot, reported and justified as soon as possible, in writing, by the client. The complaint may not be of a subjective nature, but must relate exclusively to the contractual elements of the trip.
Any complaint must be sent by any means which enabes obtaining an acknowledgement of receipt within one month after the date of return, to the following address: Evasion à vélo, 9, rue Neuve Saint-Germain, 92100 Boulogne and Évasion à vélo will answer you as soon as possible.


6. DATA PROTECTION ACT

Evasion à vélo has made a declaration to the CNIL services, the receipt number of the declaration is: number in the process of being assigned.

In accordance with Act No. 78-17 of 6 January 1978 on information technology, files and freedoms, each person has the right to objection (art. 26 of the Act), access (art. 34 to 38 of the Act) and rectification (art. 36 of the Act) of data concerning him/her. Thus, s/he may require that information concerning her/him that is inaccurate, incomplete, ambiguous, outdated or whose collection or use, communication or storage is prohibited be rectified, completed, clarified, updated or deleted.

To exercise your rights, contact Evasion by bike - 9, rue Neuve Saint-Germain, 92100 Boulogne or by email at contact@evasionavelo.fr


7. APPLICABLE LAW, DISPUTES

The contractual documents and these of the General Conditions of Sale are governed by French law.

In the event that one or more clauses of the present contract are considered null and void with regard to a rule of law in force or a court decision that has become irrevocable, the other stipulations shall retain all their force and scope.

In the event of any difficulty of interpretation between one of the titles and one of the clauses, the content of the clause shall prevail over the title.

In the event of disputes and if no amicable agreement can be reached, the dispute will be referred to the Nanterre Commercial Court.

INSURANCE

If you wish, you can take out insurance with Europ Assistance.

You must specify this to us when your quote is being prepared and we will then take care of insuring the guarantees you have requested.

In the context of our trips, which only take place in France, the potentially useful guarantees are as follows:

  • Trip Cancellation
  • Baggage (theft, damage, loss)
  • Individual travel accident
  • Assistance

These types of cover are available on an à la carte basis or as part of a more complete package (added insurance, multi-risk, multi-risk plus).

If you are interested, you can consult the Europ Assistance documentation:

We would like to point out that subscription is limited to persons residing in France. If this is not the case, you will have to subscribe to these guarantees by yourself if you wish.

Let’s talk !

Questions you’d like to ask us? Want to know us better? Feel free to contact us, we would be delighted to talk things over with you. Call us on +33 1 46 21 55 62

Contact us !