GUIL EBIKE TERMS AND CONDITIONS OF SALE

The present terms and conditions of sale governing the sale of trips, packages and tours adhering to the tourism code.

GUIL E BIKE – Quartier Saint Guillaume 05600 EYGLIERS– 06 95 07 29 61 is registered as a tour operator number IM005180002.

GUIL EBIKE has professional business insurance with the  MMA Entreprise SARL SAGA – BP 27 – 69921 OULLINS: RCP MMA 120 162 083. They are financially guaranteed by the group MMA Entreprise SARL SAGA – BP 27 – 69921 OULLINS, number 120 162 083

Article L211-2 : What a package holiday consists of :

1) the result of offering two or more operations: transport, accommodation or other tourism services not related to transport or accommodation and represents a significant part of the package;

2) should last for more than twenty-four hours or include an overnight stay;

3) sold or on sale for an all-inclusive price.

The sale or the reservation of a transport ticket is not considered to be a tourism package.

Reproduction of articles R211-3 to R211-13 from the Code du Tourisme

Article R211-3:

Under the condition that the exclusions stated in the third and fourth paragraphs of article L. 211-7, all offers and all sales of trips/journeys and tours must supply the appropriate documentation which comply with the law defined by this present section.

In the case of the sale of airplane ticket or transport tickets on a regular line, not accompanied by any other services by the the transporter, the seller delivers to the buyer one or more tickets for the totality of the voyage, provided by the transporter or under their responsibility.  In the case of transport on demand, the name and address of the transporter, for the account of where they we supplied, must be mentioned.

An invoice which separates the elements of the same tourist package does not substrat the sellers obligations to adhere to the regulations provided in the present section.

Article R211-3-1:

The exchange of any information prior to the contract or any contractual conditions made in writing.  They can be made by electronic exchange under the condition that they are valid and stated in articles 1369-1 to 1369-11 of the civil code. The sellers name, the business name, the address of the seller as well as their business registration number stated in article L. 141-3 or, if necessary, the name, address and an indication of the registration number of the federation or the union stated in the second paragraph of article R. 211-2.

Article R211-4:

Before the conclusion of the contract, the seller must communicante to the consumer any information concerning the price, the date and other elements that make up a package trip, journey or tours such as:

1° The destination, the type, characteristics and category of transport used ;

2° The type of accommodation, its geographical location, level of comfort and its main features, its homologation and its tourism classification regulated by its home country;

3° The type of meals provided;

4° A description of the itinerary if it is a tour;

5° The administrative formalities and health measures implemented by the nation or by the citizens of another state member of the E.U or a state agreed under the European economic area notably the passing of borders;

6° Visits, excursions and other services included in the package or available as an optional extra;

7° The minimal and maximum size of the group needed for the journey, tour, trip to take place as well as if the tour, trip, journey has less than the minimal number of participants, the date limit for information for the customer in the case of cancelation of the trip, tour, journey.  This date must be no less than 21 days before the departure date.;

8° The total or the percentage of the price to be paid as a deposit when the contract has been concluded as well as a payment calendar;

9° The terms of the changing of prices is stated in the application of the contract in article R. 211-8 ;

10° The conditions of cancelling the contract;

11° The cancellation conditions are defined in article R. 211-9, R. 211-10 and R. 211-11 ;

12° The information concerning the optional subscription of   personal insurance which covers the customer in certain cases of cancellation or for costs such as repatriation charges in the event of an accident or illness;

13° When the contract contains a journey using an air transport service, information for each part of the journey is stated in articles R. 211-15 to R. 211-18.

Article R211-5:

The necessary information that makes the customer engage with the seller, the seller reserves the right to modify certain elements.  The seller must, in this case, clearly indicate  which elements will be changed and how the modifications will be made.  In all cases, the modifications stated in the prerequisite information must be communicated to the seller before the contact is completed.

Article R211-6:

The contract made between the seller and the buyer must be written, have two copies: one given to the buyer and be signed by both parties.  When the contact is completed electronically, it is subject to the articles 1369-1 to 1369-11 in the civil code. The contract must have the following clauses:

1° The name, sellers address, the guarantor and the insurer as well as the name and address of the organiser;

2° The destination or the destinations in the tour and, in the case of tour, the different stages and their dates ;

3° The method, characteristic and type of transport used, the departure and finish dates and place;

4° The type of accommodation, its geographical location, level of comfort and its main features, its homologation and its tourism classification regulated by its home country;

5° The type of meals provided;

6°  A description of the itinerary if its a tour;

7° Visits, excursions and other services included in the package or available as an optional extra;

8° The total price of the package as well as an indication of any eventual changes to this invoice stated in article R. 211-8 ;

9° Indicates if there is a place, licence fee, or taxes for certain services, the disembarkment or embarkation in ports or airports, tourist taxes when they are not included in the price of the supplied package.

10° The calendar and the method of payment; the last payment that the buyer makes can not be inferior than 30% of the price of the tour/journey and must be made when they have received the documents required for the tour/journey.

11° The specific conditions demanded by the buyer and accepted by the seller;

12° The methods that the buyer can demand a refund from the seller if the contract is not completed or is unsatisfactory conducted claims must be made with no delay, by any method that permits a delivery receipt for the seller and be addressed to the organiser of the tour/journey and the seller of the tour/journey;

13° The date limit for the buyer to cancel the tour/journey or the seller to cancel due to not enough participants is stated in 7° of article R. 211-4 ;

14° The contactual cancellation conditions;

15° The cancellation conditions provided in articles R. 211-9, R. 211-10 and R. 211-11 ;

16° Any specifications concerning the risks covered and the amount guaranteed by the titular of the insurance contract covering the responsibility of the professional liability insurance of the seller ;

17° Any specifications in the insurance contract concerning cancellation by the buyer (contract number and name of the insurer) also those that concern the assistance contract covering certain risks notably repatriation costs in the event of an accident or illness.  In this case the seller must supply the buyer with a document the specifies the risks covered and excluded;

18° The date limit of seller information in the event of the transfer of a contract by the buyer;

19° An agreement to provide to the customer, at least ten days before the departure, the following information:

1. a) The name, address and telephone number of the seller or by default the names, addresses, and telephone numbers of local organisations that can help the customer in the event of a problem or an emergency number that the seller can be contacted by the customer;
2. b) Journeys, tours and trips for minors, a telephone number and permanent address in order to contact the child directly or the person responsible for them during the trip;

20° A cancellation clause and a refund without penalties, by the buyer in the event that the obligatory information in 13° article R. 211-4 is not respected;

21° An agreement to supply the buyer with the time required before the start of the trip or tour or journey and the departure and arrival times.

Article R211-7:

The buyer can pass the contract to another person who satisfies the required conditions to carry out the tour, trip or journey if the contract is not affected in anyway. The original buyer must inform the seller of their decision by any method that has a delivery receipt no later than seven days before the start of the trip.  If it is a cruise, it must be within fifteen days.  This transfer is not subject in any event by a precondition by the seller.

Article R211-8 :

When the contract contains the possibility of the prices being changed, limitations stated in article L. 211-12, it must state the precise method that this will be calculated, the highest and the lowest price, the price variation and notably the total transport costs and tax if these are different, things that could affect the price of the tour or trip, the part of the price which could be changed, the reference currency when there is a price marked on the contract.

Article R211-9:

Before the departure of the buyer, when the seller is forced to modify one of the essential elements in the contract and there is a significant price increase they are obliged to inform them in 13° of article R. 211-4, the buyer can, without prejudice claim for damages that they may incur and after being informed by the seller by any method with a delivery receipt:

Either cancel the contract and be refunded immediately any payments already made; or accept the modification or the substituted tour proposed by the seller; an additional clause stating the modifications made must be included in the contract and signed by both parties;

All price decreases resulting from a deduction of the payments not already made by the buyer must be paid by the buyer and, if the payments already made exceed the price of the modified package they must be refunded before the departure date.

Article R211-10:

In the case stated in article L. 211-14, if, before the departure of the buyer, the seller cancels the trip, journey or tour, they must inform the seller by any method with an delivery receipt; the buyer, without prejudice can claim to the seller for any eventual damages and should be refunded immediately, without any penalties, any payments made, the buyer should receive, in any event, a payment equal to the penalty that would have been made if buyer had cancelled at this date.  The present article make no obstacle to the seller if the buyer wilfully accepts  a substitute tour, trip or journey proposed by the seller.

Article R211-11:

If, after the departure of the buyer, the seller cannot supply part of the services included in the contract and it represents a significant part of the total price paid by the buyer, the seller must immediately adhere to the following provisions without prejudice and appeal for any eventual damages :

Either offer the package and replace the services that were proposed and pay any eventual supplementary costs and, if the  replacement services which are accepted by the buyer are of an inferior quality the seller must refund the buyer on his return, the difference in price; if the seller cannot propose an alternative service or the alternative is refused by the buyer for good reason, the seller must supply without any additional cost the transport tickets to assure the buyers return journey in conditions that must be judged as the equivalent as the original  conditions to the departure point or another agreed place accepted by the two parties.  The provisions of the present article are applied in the event that the obligations in the 13° of article R. 211-4 are not respected.

Article R211-12:

The provisions laid out in articles R. 211-3 to R. 211-11 must be reproduced on the brochures and the trip/tour contracts, proposed by the people mentioned in article L. 211-1.

Article R211-13:

The buyer cannot benefit from the clause stated in 20° of article R. 211-6 after the service has been supplied.