These General Terms and Conditions of Sale govern the sale of travel, packages or stays, as defined by the Tourism Code.
GUIL E BIKE - Quartier Saint Guillaume 05600 EYGLIERS- 06 95 07 29 61 is registered in the register of travel and stay operators under the number IM005180002.
GUIL EBIKE has taken out professional liability insurance with MMA Entreprise SARL SAGA - BP 27 - 69921 OULLINS: RCP MMA 120 162 083.
The financial guarantee is also insured by the MMA Entreprise group SARL SAGA - BP 27 - 69921 OULLINS, under the policy number 120 162 083
A tourist package is the provision of :
(1) resulting from the prior combination of at least two transactions relating respectively to transport, accommodation or other tourist services not ancillary to transport or accommodation and representing a significant proportion of the package;
2) exceeding twenty-four hours or including an overnight stay ;
3) sold or offered for sale at an inclusive price.
The sale or reservation of tickets is not part of a tourist package.
Reproduction of articles R211-3 to R211-13 of the Tourism Code
Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel services or holidays shall give rise to the submission of appropriate documents which comply with the rules laid down in this Section.
In the case of the sale of air tickets or tickets for scheduled air transport not accompanied by services related to such transport, the seller shall issue to the buyer one or more tickets for the entire journey, issued by or on behalf of the carrier. In the case of transport on demand, the name and address of the carrier on whose behalf the tickets are issued must be mentioned.
The separate billing of the various elements of a tourist package shall not exempt the vendor from the obligations imposed on him by the regulatory provisions of this section.
The exchange of pre-contractual information or the provision of contractual conditions shall be in writing. They may be made by electronic means under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code. The name or company name and address of the seller and an 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.
Prior to the conclusion of the contract, the seller shall provide the consumer with information on the prices, dates and other elements of the services provided in connection with 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 approval and its tourist classification in accordance with the regulations or customs of the host country;
3° The catering services offered;
4° The description of the itinerary in the case of a tour;
5° The administrative and health formalities to be completed by nationals or citizens 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 the time limits for completing them;
6° Visits, excursions and other services included in the package or available at an additional cost;
7° The minimum or maximum size of the group enabling the journey or stay to be undertaken 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 journey or stay; this date may not be less than twenty-one days before departure;
8° The amount or percentage of the price to be paid as a deposit on conclusion of the contract and the schedule for payment of the balance ;
9° The terms and conditions of price revision 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 the cost of repatriation in the event of accident or illness;
13° When the contract includes air transport services, the information, for each flight segment, provided for in Articles R. 211-15 to R. 211-18.
The prior information given to the consumer is binding on the seller, unless the seller has expressly reserved the right to amend certain elements of the information. In this case, the seller must clearly indicate to what extent the information may be modified and on which elements. In any event, changes to the prior information must be communicated to the consumer before the contract is concluded.
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 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 journey 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 under the regulations or customs of the host country;
5° The catering services offered;
6° The itinerary in the case of a tour;
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 an indication of any revision of this invoicing pursuant to the provisions of Article R. 211-8 ;
9° The indication, where appropriate, of charges or taxes relating to certain services such as landing, disembarkation or embarkation taxes in ports and airports, and 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 purchaser may not be less than 30 % of the price of the journey or stay and must be made when the documents enabling the journey or stay to be undertaken are handed over;
11° Any special conditions requested by the buyer and accepted by the seller;
12° The procedures by which the purchaser may submit a complaint to the vendor for non-performance or improper performance of the contract, which must be sent as soon as possible, by any means enabling an acknowledgement of receipt to be obtained, to the vendor and, where appropriate, notified in writing to the travel organiser and the service provider concerned;
13° The deadline for informing the purchaser in the event of cancellation of the journey or stay by the vendor in the event that the journey 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 of the risks covered and the amount of the guarantees 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 the cost 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 risks excluded ;
18° The deadline for informing the seller in the event of transfer of the contract by the buyer;
19° The commitment to provide the buyer, at least ten days before the planned date of departure, with the following information
(a) The name, address and telephone number of the seller's local representative or, failing that, the names, addresses and telephone numbers of local bodies likely to be able to help the consumer in the event of difficulty or, failing that, the telephone number for urgent contact with the seller ;
(b) For trips and stays abroad by minors, a telephone number and address enabling direct contact to be made with the child or the person responsible for the stay;
20° The cancellation and reimbursement clause 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 with the departure and arrival times in good time before the start of the journey or stay.
The purchaser may assign his contract to an assignee who meets the same conditions as he does for the journey or stay, as long as this contract has not produced any effect. Unless otherwise stipulated, the assignor must inform the seller of his decision by any means that allows an acknowledgement of receipt to be obtained at least 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 authorisation by the seller.
When the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it must mention the precise methods of calculation, both upwards and downwards, of price variations, and in particular the amount of transport costs and related taxes, the currency or currencies which may affect the price of the journey 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 in the contract.
When, before the departure of the buyer, the seller is forced to make a change to one of the essential elements of the contract, such as a significant increase in price, and when he fails to comply with the obligation to provide the information mentioned in 13° of article R. 211-4, the buyer may, without prejudice to any recourse for compensation for any damage suffered, and after having been informed by the seller by any means that allows for an acknowledgement of receipt :
Either cancel the contract and obtain an immediate refund of the sums paid without penalty; Or accept the modification or the substitute trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties;
Any reduction in price shall be deducted from any sums still owed by the purchaser and, if the payment already made by the latter exceeds the price of the modified service, the excess shall be returned to him before the date of his departure.
In the case provided for in Article L. 211-14, when, before the purchaser's departure, the vendor cancels the trip or holiday, he must inform the purchaser by any means that allows him to obtain an acknowledgement of receipt; the purchaser, without prejudice to any recourse for compensation for any damage suffered, shall obtain from the vendor the immediate reimbursement of the sums paid, without penalty; the purchaser shall receive, in this case, an indemnity at least equal to the penalty he would have incurred if the cancellation had been his own fault on that date. The provisions of the present article do not in any way prevent the conclusion of an amicable agreement for the purpose of acceptance by the purchaser of a substitute journey or stay proposed by the vendor.
Where, after the departure of the buyer, the seller is unable to provide a major part 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 steps, without prejudice to any claims for damages that may be suffered:
Either propose services to replace the services provided, possibly at an additional cost, and if the services accepted by the buyer are of inferior quality, the seller must reimburse the buyer, upon his return, for the difference in price; Or, if the seller cannot propose any replacement services or if these are refused by the buyer for valid reasons, provide the buyer, at no additional cost, with tickets to ensure his return under conditions that can 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.
The provisions of Articles R. 211-3 to R. 211-11 must be reproduced on travel brochures and contracts offered by the persons mentioned in Article L. 211-1.
The buyer may no longer invoke the benefit of the clause provided for in 20° of Article R. 211-6 after the service has been provided.
SPECIAL CONDITIONS OF SALE GUIL EBIKE
Prior to the conclusion of the contract, GUIL EBIKE's contact person undertakes to send each participant or group representative a detailed technical sheet of the holiday including all the elements of the service, as mentioned in article R211-4 above. All this information is also available on our website.
The creation of all our routes has taken time and experience before they can be offered through our trips. Under penalty of prosecution, we ask you not to record, broadcast GPS tracks and communicate the routes free of charge at the end of your stay.
The level required to participate in a trip is mentioned on our website as well as in the description of your data sheet. By committing to a trip, the participant assumes all knowledge of the facts and undertakes not to hold GUIL EBIKE or the staff responsible in case of physical insufficiency revealed during the trip
GUIL E BIKE reserves the right to refuse the registration of a participant if their level is not compatible with that required for the trip. Our guides also reserve the right to ask a participant to interrupt his or her stay if his or her technical level or physical condition compromises the safety of the group. No refund will be given.
The price is indicated on the technical sheet of your stay. It is an "all-inclusive" price from the meeting point to the point of dispersion. It includes several services such as organisation and supervision costs, transport, accommodation and food. They do not include insurance, personal expenses (drinks, etc.). In the case of trips abroad, any change in exchange rates, prices of transporters or other service providers, may lead to the readjustment of prices in proportion to the share it represents if their evolution exceeds 5% in addition or in reduction. For trips abroad, prices are calculated on the basis of the exchange rate of the dollar and/or the currency of the country concerned at the time of registration.
For groups & Tailor-made quotes
The price of the trip is calculated according to the number of participants. The price is therefore subject to change depending on the number of participants until the day before departure (cancellation).
We organise sports trips in the middle of nature which require a good physical condition. There is no medical contraindication to mountain biking. If you suffer from a medical condition, you must inform the guide at the beginning of your stay.
In accordance with the regulations in force, GUIL EBIKE takes out professional liability insurance. However, it is essential that you have individual civil liability insurance covering possible accidents, assistance - repatriation as well as search and rescue costs. You can also subscribe to one of our insurance packages at the time of registration or at the latest 7 days after the date of your registration.
We will send you a registration form which you must complete and sign, with your first and last names identical to those on your identity card or passport. To validate your registration, you must accompany this form with a payment of 30% of the amount of your stay if this registration is made more than 30 days before departure (100% of the amount if the registration takes place within 1 month). Your registration is considered validated upon receipt of a confirmation email from us.
For groups, the group leader sends the list of participants and the signed registration form with a deposit of 30%. In return, you will receive an email acknowledging receipt, then an invoice 21 days before departure, once the final number of participants is known.
You must specify your choice when you register:
- Invoicing of each file (individual, couple or family). An acknowledgement of receipt, an invoice and an invitation to attend will be sent to each participant for the file
- Group invoicing: we invoice the works council, the association, the club or the group leader. An acknowledgement of receipt, an invoice and a collective invitation will be sent.
All registrations imply that the parental authority and/or guardian accepts the general conditions of sale by mentioning "with the agreement of" on the registration form. We also need, before departure, an identity document, the child's health record, as well as an emergency number to contact in case of problems. The minor remains under the responsibility of the person with parental authority or the adult accompanying him/her during the whole tour and whatever the activities practiced (hiking, mountain biking, rafting, snowshoeing, etc...). GUIL E BIKE cannot be held responsible for any lack of supervision.
The person responsible must also authorise GUIL EBIKE in writing to act independently in the event of an accident and emergency hospitalisation. The responsible person will be informed immediately.
Assistance essentially covers search and rescue costs, repatriation and medical costs. It comes into play as soon as a medical report makes it possible to decide on repatriation. Beforehand, in regions far from medical infrastructures and difficult to access, you must accept the organisation of first aid by local means. It also compensates for the loss or theft of luggage.
Insurance protects against the financial risk of cancellation.
We suggest that you take out one of the 2 contracts we have selected for you:
- Assistance (2.5 %)
- Cancellation + assistance (4.5 %)
Each of these insurances must be taken out when you book your trip or at the latest within seven days of booking. If you choose to take out one of these formulas, the notice will be sent to you with your invoice and your contract.
Payment can be made by cheque made out to GUIL E BIKE, by bank transfer to the GUIL E BIKE account or by Paypal on our web interface.
In order for a tour to be maintained, it must reach the minimum number of participants mentioned in your data sheet. Only GUIL E BIKE is able to decide whether or not to maintain a tour if this minimum is not maintained.
In the event of cancellation by us due to insufficient numbers of participants, registered participants will be informed by e-mail or telephone at least 21 days before departure. They will be reimbursed in full without any right to claim compensation.
Weather conditions and differences in level are beyond our control and may alter the content or continuation of the tour. We authorise our guides to modify or cancel the programme to maintain the safety of the group. In case of interruption of a programme by the guides (due to weather or other reasons), GUIL E BIKE will propose an alternative solution. If this alternative solution does not suit you, you will be reimbursed in proportion to the days not completed and the costs incurred.
In case of cancellation, the amount of your stay will be refunded subject to the following deductions: (Individual or group registrations)
21 days or more before departure: No deduction from the amount of the stay
Between 20 and 14 days before departure: 35% of the total amount of the stay is withheld
Between 13 and 7 days before departure: Withholding of 70% of the amount of the stay
Less than 7 days before departure: Withholding of 100% of the amount of the stay
Participants who are absent or do not respect the dates, times or places of meeting will not be entitled to any reimbursement.
CHANGES BEFORE DEPARTURE
Before departure, changes to the programme (dates, timetables, itineraries, supervision, accommodation, etc.) may occur, due to organisational difficulties or for safety reasons. Each participant will be informed by e-mail or telephone or by post. If this change affects an essential element of the programme, the participant has the right to withdraw from the contract or to accept the change or the replacement service proposed by GUIL EBIKE, in which case the resulting price supplements will be paid by GUIL EBIKE. Conversely, GUIL E BIKE undertakes to reimburse the difference in price between the services planned and those provided.
GUIL EBIKE may act as an intermediary between the customer and possible service providers (carriers, etc.). Each of them retains their own responsibilities.
Given the particular nature of our wilderness trips, each participant must comply with the advice and instructions given by the staff and must be aware that he or she may run certain risks due to the distance from medical centres.
We offer you the possibility to rent one of our bikes for your tour. You can also bring your own bike. Your bike must be prepared, in good condition, and adapted to the chosen programme. You must also have the specific spare parts and all the equipment recommended in your technical sheet. You must also come with an approved helmet.
During your stay, luggage may be transported by different carriers. It is your responsibility to secure your luggage. GUIL E BIKE will not pay any compensation in case of theft or damage. Each participant is also required to keep fragile objects (glasses, electronic devices, valuables, etc.) with him/her and under his/her responsibility. Each participant must also ensure that his/her luggage is present when transfers are organised.
DATA PROCESSING & FREEDOM
In order to facilitate your navigation, our site www.guil-ebike.com may send cookies to your computer. These cookies record information about your browsing on our site in order to improve its quality, measure the number of visitors and identify any malfunctions. This information is stored on the user's computer for one year. You can prevent them from being recorded by conﬁguring your browser.
The email address you are asked to provide when you fill in one of our forms is not passed on to any third party (legal or physical person) and is saved and used by GUIL E BIKE when sending out newsletters. You can unsubscribe using the links provided in each newsletter or by sending a simple request by email to firstname.lastname@example.org
All the information you provide us with will be used strictly for the purpose of your stay and for the activity of GUIL E BIKE.
In accordance with the law n° 78-17 of January 6, 1978 modiﬁed in 200 and relating to data processing, ﬁchiers and freedoms, you have a right of access, modiﬁcation, rectiﬁcation, deletion and opposition to the processing of data, for any information concerning you by contacting: GUIL E BIKE Quartier Saint Guillaume 05600 EYGLIERS
Any claim or dispute must be made in writing by registered letter, accompanied by any supporting documents, to the address GUIL E BIKE Quartier Saint Guillaume 05600EYGLIERS, within 15 working days following the tour. Any dispute not resolved amicably, or judged to be non-legitimate, is the exclusive jurisdiction of the Commercial Court of Gap.